criminal law
the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts.
plantiff
the individual of organization that brings a complaint in court.
defendant
the one against whom a complaint is brought in a criminal or civil case.
civil law
the branch of law that deals with disputes that do not involve criminal penalties.
precedent
prior case whose principles are used by judges as the basis for their decision in a present case.
stare decisis
literally, "let the decision stand." The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.
trial court
the first court to hear a criminal or civil case.
court of appeals
a court that hears appeals of trial court decisions.
supreme court
the highest court in a particular state or in the United States. This court primarily serves an appellate function.
plea bargain
a negotiated agreement in a criminal case in which a defendant agrees to plead utility in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing.
jurisdiction
the sphere of a court's power and authority.
due process of law
the right of every citizen against arbitrary action by national or state governments.
writ of habeas corpus
a court order that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.
original jurisdiction
the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision.
chief justice
justice on the Supreme Court who presides over the Court's public sessions and whose official title is chief justice of the United States.
senatorial courtesy
the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination.
judicial review
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison.
supremacy clause
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.
common law
law made through court precedent rather than legislative enactments.
standing
the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome.
mootness
a criterion used by courts to screen cases that no longer require resolution.
writ of certiorari
a decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning "to make more certain.
solicitor general
the top government lawyer in all cases before the Supreme Court where the government is a party.
per curiam
a brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court.
amicus curiae
literally, "friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting addition briefs.
briefs
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client.
oral argument
the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices.
opinion
the written explanation of the Supreme Court's decision in a particular case.
dissenting opinion
a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case.
judicial restraint
judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning.
judicial activism
judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
If you were an outside interest group and wanted to influence the Supreme Court's ruling on a case it will hear next month, what action would have the most influence?
filing an amicus curiae brief.
In general, the chief justice
assigns opinions when voting with the majority.
Today's Supreme Court can best be described as ideologically
conservative.
What is a case in which the federal courts would not have jurisdiction?
a case involving burglary of a house
Why did Congress confer on federal courts the authority to issue writs of habeas corpus?
distruct of southern courts after the Civil War
Most criminal cases
end with a plea bargain.
Judicial review refers to
the power of the judiciary to examine the constitutionality of state and federal laws.
The country is divided into ____ regional judicial circuits, each of which has a U.S. Court of Appeals.
12
Judicial review was established in the case of ____.
Marbury v. Madison
U.S. circuit court decisions are made by
a panel of three judges.
The member of the justice department who handles all Supreme Court appeals for the U.S. government is the
solicitor general.
The modern Supreme Court has nine members because
Congress set the size of the Court at nine members.
Justices who disagree with the majority decision of the Court may choose to publicize the character of their disagreement in the form of a
dissenting opinion.
According to the authors, the Court's most important decisions were
those that protected the freedoms of those whose beliefs or race made them unpopular.
The U.S. Supreme Court is made up of one chief justice and ____ associate justices.
eight
____ is generally considered to have been the most influential chief justice of the United States.
John Marshall
Congress may change all of the following except
the Supreme Court's original jurisdiction.
A(n) ____ is a legal action by which a group of individuals with common interests can file a suit on behalf of everyone who shares that interest.
class-action suit
In a civil case, the party who brings a case against a defendant is referred to as the
plaintiff.
More than ____ percent of all court cases in the United States are heard in ____ courts.
99; state
Jurisdiction refers to
a court's area of authority.
Federal judges have life tenure and protected salaries in order to make them
independent.
Justices who agree with the majority decision but disagree with the legal reasoning will likely file
a concurring opinion.
The doctrine of stare decisis
applies only to criminal law.
To win Senate confirmation, judicial nominees usually need
to have support from the state's senator in the president's party.
What is a constitutional requirement for being a Supreme Court Justice?
There are no constitutional requirements for serving on the Supreme Court.
The three steps in the Supreme Court's procedures are, in order,
preparing briefs, giving oral argument, making and writing opinions.
Where is the right to privacy listed in the Constitution?
The right to privacy is not spelled out anywhere in the Constitution.
Dr. Jane Doe delivered a baby in a hospital while intoxicated. The baby died during delivery, and the parents sued the doctor. What kind of case would this be?
tort case