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| Chapter 14: The Judiciary |
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Judicial review – 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. Constitution or, in a state court, the state constitution. Adversary system – A judicial system in which the court of law is a neutral arena where two parties argue their differences. Criminal law – A law that defines crimes against the public order. Civil law – A law that governs relationships between individuals and defines their legal rights. Justiciable dispute – A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods. Defendant – In a criminal action, the person or party accused of an offense. Plea bargain – 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. Public defender system – Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. Original jurisdiction – The authority of a court to hear a case “in the first instance.” Appellate jurisdiction – The authority of a court to review decisions made by lower courts. Court of appeals – A court with appellate jurisdiction that hears appeals from the decisions of lower courts. Precedent – A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. Writ of habeas corpus – A court order requiring explanation to a judge why a prisoner is being held in custody. Senatorial courtesy – Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. Judicial restraint – Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. Judicial activism – Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Stare decisis – The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. Writ of certiorari – A formal writ used to bring a case before the Supreme Court. Docket – The list of potential cases that reach the Supreme Court. Amicus curiae brief – 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. Opinion of the Court – An explanation of the decision of the Supreme Court or any other appellate court. Dissenting opinion – An opinion disagreeing with a majority in a Supreme Court ruling. Concurring opinion – An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
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