Prof Carter's Ch 11 quiz
Terms
undefined, object
copy deck
- amicus curiae
- friend of the court
- appellate court
- defendant 1st appeal the conviction to the higher state court
- briefs
- written documents that may be several hundred pages long in which the attorneys explain why the Court should rule in thier clients favor
- cheif justice
- presides over the courts public sessions and conferences
- civil law
- involves disputes among ind. or between ind. and the gov't where no criminal violation is charged
- criminal law
- the gov't charges an ind. w/violating a statue that has been enacted to protect public health, saftey and morals
- defendant
- alleged criminal violation has been committed
- dissenting opinion
- justices who disagree w/the majority decision of the court may choose to publicize their disagreement
- due process of law
- the right to councel, imposed excess bail, or otherwise denied
- judicial activism
- go beyond the words of the constitution or a statute to consider the broader societial implications of its decision
- judicial restraint
- look strictly at the words of the constitution in interpreting its meaning
- judicial review
- the authority and obligation to review any lower court decision where a substantial issue of public law is involved
- jurisdiction
- cases heard in fed. courts if they involve fed. laws, treaties w/other nations, or the US constitution
- Miranda Rule
- arrested people have the right to remain silent, the right to be imformed that anything they say....
- opinion
- after reaching a decision, one member of the majority writes the majority opinion
- oral argument
- attorney's for both sides appear before the court to present their positions and answer the justices' questions
- original jurisdiction
- courts responsible for discovering the facts in a controversy and creating the record on which a judgement is based
- per curiam
- rejection through a brief, unsigned opinion by the whole court
- plantiff
- party that brings the charges
- plea bargains
- settled before trial that negotiationed agreements between the parties
- precedents
- prior decisions
- public law
- when a case involves the powers of gov't or the rights of citizens as defined under the constitution or by statute
- senatorial courtesy
- before the Pres. makes his formal nomination, the senators from the the state must indicate that they support the nominee
- solicitor general
- 3rd ranking official in the justice dept. but is the top gov't lawyer in virtually all cases before the Sur. Court
- stare decisis
- a latin phrase meaning "Let the decision stand"
- surpremacy clause
- implies that the court may review the constitutionality of state laws
- surpreme court
- highest court
- trial court
- violations of state laws prohibiting actions as murder, robbery, etc.
- Uniform Commercial Code
- reduces interstate differences
- writ of certiorari
- is granted whenever four of the nine justices agree to review a case
- writ of habeas corpus
- a fundamental safeguard of individual rights