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Final Test
Ch 15, 25, 16, 17, 18, 27
21
Other
Undergraduate 2
04/26/2011

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Cards

Term
Chief Justice
Definition
justice on the Supreme Court who presides over the Court's public sessions
Term
civil law
Definition
the branch of law that deals with disputes that do not involve criminal penalties
Term
court of appeals
Definition
a court that hears appeals of trial court decisions
Term
criminal law
Definition
the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts
Term
defendant
Definition
the one against whom a complaint is brought in a criminal or civil case
Term
dissenting opinion
Definition
a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case
Term
due process of law
Definition
the right of every citizen against arbitrary action by national or state governments
Term
judicial activism
Definition
judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions
Term
judicial review
Definition
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison
Term
jurisdiction
Definition
the sphere of a court's power and authority
Term
Miranda rule
Definition
the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
Term
mootness
Definition
a criterion used by courts to screen cases that no longer require resolution
Term
opinion
Definition
the written explanation of the Supreme Court's decision in a particular case
Term
original jurisdiction
Definition
the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision
Term
plaintiff
Definition
the individual or organization who brings a complaint in court
Term
precedent
Definition
prior case whose principles are used by judges as the basis for their decision in a present case
Term
senatorial courtesy
Definition
the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination
Term
standing
Definition
the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome
Term
supreme court
Definition
the highest court in a particular state or in the United States. This court primarily serves an appellate function
Term
writ of certiorari
Definition
a decision of at least four of the nine Supreme Court justices to review a decision of a lower court; from the Latin "to make more certain"
Term
writ of habeas corpus
Definition
a court order that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion
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