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Midterm 3
Chapter 14
17
Political Studies
Undergraduate 1
12/04/2006

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Cards

Term
judicial review
Definition
The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. constituion or, in a state court, the state constitution
Term
adversary system
Definition
A judicial system in which the court of law is a neutral arena where 2 parties argue their differences
Term
justiciable dispute
Definition
A dispute growing out of an actual case orcontroversy and that is capable of settlement by legal methods
Term
class action suit
Definition
Lawsuit brought by an individual or a group of people on behalf of all those similarly situated
Term
defendant
Definition
In a criminal action, the person or party accused of an offense
Term
plea bargain
Definition
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense
Term
political question
Definition
A dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; judges refuse to answer constitutional questions tha they declare are political
Term
original jurisdiction
Definition
The authority of court to hear a care "in the first instance"
Term
appellate jurisdiction
Definition
The authority of a court to review decisions made by lower courts
Term
grand jury
Definition
A jurty of 12-23 persons who, inprivate, hear evidence presented by the government to determine wheter persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment
Term
petit jury
Definition
A jury of 6-12 people who determine guilt or innocence in a civil or criminal action
Term
court of appeals
Definition
A court with appellate jurisdiction that hears appeals from the decisions of lower courts
Term
judicial self-restraint
Definition
Philosophy proposing the judges should interpret the Constitution to reflect what the framers intended and whatits words literally say
Term
judicial activism
Definition
Philosophy proposing the judges should interpret the Constitution to reflect current conditions and values
Term
stare decisis
Definition
The rule of precedent
Term
write of certiorari
Definition
A formal writ used to bring a case before the Surpreme Court
Term
amicus curiae brief
Definition
"friend of the court" filed by an individual or organization to present arguments in addition to to those presented by the immediate parties to a case
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