Term
|
Definition
the idea stated in the Fifth and Fourteenth Amendments that every person involved in a legal dispute is entitled to a fair hearing or trial. The requirements of due process vary with the situation, but they basically require notice and an opportunity to be heard |
|
|
Term
|
Definition
Certiorari is a Latin word meaning "to be informed of." It is a formal application by a party to have a lower court decision reviewed by the US Supreme Court, which has discretion to approve or deny any such application |
|
|
Term
|
Definition
the powers specifically granted to Congress by Article 1 Section 8 of the Constitution; also called enumerated or expressed powers. They include the power to tax, regulate commerce, and declare war |
|
|
Term
|
Definition
the powers the Congress is assumed to have because they result logically from the powers expressly listed in the US Constitution. These powers are derived from the "necessary and proper clause" of the Constitution, which allows Congress to expand its power to carry out functions expressly delegated by the Constitution; also known as implied powers |
|
|
Term
|
Definition
an additional written court opinion in which a judge or judges agree with the decision reached by the court, but for the reasons different from those used to support the majority opinion |
|
|
Term
|
Definition
in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority |
|
|
Term
|
Definition
court decision on a legal question that guides future cases with similar questions |
|
|
Term
|
Definition
a mistake made by a judge in legal procedures or rulings during a trial that ma allow the case to be appealed |
|
|
Term
|
Definition
a court in which appeals from trial-court decisions are heard |
|
|
Term
|
Definition
part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on race |
|
|
Term
|
Definition
part of the jury selection process. After voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict |
|
|
Term
|
Definition
from the French phrase meaning "to speak the truth"/ it is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible |
|
|
Term
|
Definition
a European method for handling disputes in which the judge plays an active role in fathering and presenting evidence and questioning witnesses |
|
|
Term
|
Definition
the judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury |
|
|
Term
|
Definition
the person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime |
|
|
Term
|
Definition
the people directly concerned with or taking part in any legal matter |
|
|
Term
|
Definition
courts that listen to testimony, consider evidence, and decide the facts in a disputed situation |
|
|