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The Judiciary-EAR
The Balancing Branch Chapter 14
24
Political Studies
12th Grade
12/01/2008

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Term
Judicial Review
Definition
The power of a court to refuse to enforce a law or govt. regulation that in the opinion of the judges conflicts with the U.S. Constitution 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 two parties argue their differences
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
Public Defender System
Definition

arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys

Term
Political Question
Definition
a dispute that requires knowledge of a nonlegal character or the use of techniques not suitable for a court or explicitly for a court or explicitly as signed by the constitution to congress or the president;judges refuse to answer constitutional questions that they declare are political
Term

Writ of Habeas Corpus

Definition
a court order requiring explanation to a judge why a prisoner is being held in custody
Term
Original Jurisdiction
Definition
the authority of a court to hear a case "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 jury of 12 to 23 persons who, in private hear evidence presented by the govt. to determine whether 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 persons who determine guilt or innocence in a civil or criminal action

Term
Magistrate Judge
Definition

an official who performs a variety of limited judicial duties

Term
Court of Appeals
Definition
a court with appellate jurisdiction that hears appeals from the decisions of lower courts
Term
Senatorial Courtesy
Definition
presidential custom of submitting the names of prospective apppointees for approval to senators from the states in which the appointees are to work
Term
Judicial Self-Restraint
Definition
philosophy proposing that judges should interpret the consitution to reflect what the framers intended and what its words literally say
Term
Judicial Activism
Definition
philosophy proposing that judges should interpret the constitution to reflect current conditions and values
Term
Stare Decisis
Definition
the rule of precedent, whereby a rule or law contained in a judicial deision is commonly viewed as binding on judges whenever the same question is presented
Term

Writ of Certiorari

Definition
a formal writ used to bring a case before the Supreme Court
Term
Amicus Curiae Brief
Definition
literally, "a friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case
Term
Opinion of the Court
Definition
an explanation of a decision of the Supreme court or any other appellate court
Term
Dissenting Opinion
Definition
an opinion disagreeing with the majority in a supreme court ruling
Term
Concurring Opinion
Definition
an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning
Term
Justiciable Dispute
Definition
a dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
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