Judicial Branch Unit Vocabulary Review

The authority of a court to hear a case jurisdiction

the sole right to hear and decide a certain type of case, depending on subject matter of the case or parties involved Exclusive jurisdiction

Power shared by federal and state courts to hear certain cases Concurrent jurisdiction

In civil law, the party who brings a suit or some other legal action against another (defendant) in court plaintiff

In a civil suit, the person against whom a court action is brought by a plaintiff; in a criminal case, the person charged with a crime defendant

The power of a court to hear a case first, before any other court Original jurisdiction

The authority of a court to review decisions of inferior (lower) courts Appellate jurisdiction

A judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values Judicial activism

A judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the framers or those who enacted the statute(s) involved in a case, or on a precedent Judicial restraint

A court decision that stands as an example to be followed in future, similar cases precedent

Detailed written statements filed with the Court (especially Supreme Court) before oral arguments are presented briefs

an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning “to be more certain” Writ of certiorari

Officially called the Opinion of the Court; announces the Courts decision in a case and sets out the reasoning upon which it is based; signed by at least 5 of the 8 members of the Court Majority opinion

Written explanation of the views of one or more judges who support a decision reached by a majority of the Court, but wish to add or emphasize a point that was not made in the majority decision Concurring opinion

Written explanation of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court Dissenting opinion

A method of putting a case before the Supreme Court used when the lower court is not clear about a procedure or rule of law that should apply in a case & asks the Supreme Court to certify the answer to a specific question certificate

A case in which a defendant is tried for committing a crime as defined by the law Criminal case

A case involving a non-criminal matter such as a contract dispute, claim of patent infringement, or a family issue Civil case

Civil Liberties, Crime, Punishment The guarantees of the safety of persons, opinions, and property from arbitrary acts of governments Civil liberties

The term used for those positive acts of government that seek to make constitutional guarantees a reality for all people (like prohibition of discrimination Civil rights

The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14 th Amendment’s Due Process Clause Selective incorporation (Process of incorporation)

The government must act fairly and in accord with established rules in all that it does Due process

The government must employ fair procedures and methods Procedural due process

The government must create fair policies & laws Substantive due process

A court order authorizing a search Search warrant

Reasonable grounds; a reasonable suspicion of crime Probable cause

Evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized Exclusionary rule

A court order that prevents unjust arrests & imprisonments writ of habeas corpus

a formal complaint before a grand jury which charges the accused of one or more crimes indictment

panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges; formal device by which a person can be accused of a serious crime Grand jury

A formal accusation brought by a grand jury on its own motion, rather than that of a prosecutor presentment

a trial in which a judge, not a jury, hears and decides the case Bench trial

A part of the 5 th amendment which says that no person can be put in jeopardy of life or limb twice. Once a person has been tried for a crime, he or she cannot be tried again for the same crime. Double jeopardy

a list of certain constitutional rights possessed by those accused of crimes; includes the right to remain silent and the right to have an attorney present during questioning Miranda warning

The requirement that police must read a suspect his/her rights before any questioning occurs Miranda rule

A sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time bail

The death penalty Capital punishment

Betrayal of one’s country; in the Constitution, “by levying war against the United States or offering comfort or aid to its enemies” treason

The crime of attempting to overthrow the government by force, or to disrupt its lawful activities with violent acts; a legal term for speech or actions that inspire revolt against the government sedition

the part of the First Amendment to the U.S. Constitution that declares the government cannot take actions that create an official religion Establishment clause

a defamatory statement that appears in print libel

the category of law that deals with crimes and their punishments Criminal law

segregation laws aimed mainly at African Americans that were passed in the late 1800’s and early 1900’s; named after a popular racist song Jim Crow laws

The separation of racial groups segregation

the part of the 14th Amendment to the U.S. Constitution that requires the states to apply the law the same way for one person that they would for another person in the same circumstances Equal protection clause

segregation in fact; separation of races that occurs without laws requiring segregation (people deciding to sit with people of their own race in a restaurant) De facto segregation

the process of ending the formal separation of groups based on race desegregation

separation of races by law De jure segregation

discrimination and unfair treatment based on race racism

a negative opinion formed without just grounds or a reasonable investigation of the facts prejudice

The right to vote suffrage

the policy that laws requiring separate facilities for racial groups were legal so long as the facilities were “equal” Separate-but-equal doctrine

Ch. 11 Part II the nonviolent refusal to obey the law as a way to advocate change Civil disobedience

the legal process of forcing a noncitizen to leave a country deportation

a policy that requires employers and institutions to provide opportunities for members of historically underrepresented groups Affirmative action

someone living in the United States without authorization from the government Undocumented alien

a spoken defamatory statement slander

discrimination against the majority group Reverse discrimination

the legal process of giving up one’s citizenship expatriation

the principle of citizenship by birthplace; Latin for “law of the soil) Jus soli

the legal process by which a naturalized citizen has his/her citizenship revoked denaturalization

the principle of citizenship by marriage; Latin for “law of the blood” Jus sanguinis

the legal process by which by which an immigrant becomes a citizen naturalization

Ch. 10 Vocabulary Part I government action that seeks to prevent materials from being published Prior restraint

the communication of ideas through symbols and actions Symbolic speech

lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel Public defenders

district court officials responsible for overseeing some of the early hearings of a criminal trial at which routine matters are carried out, and who may also hear misdemeanor criminal cases and certain civil cases Magistrate judges

the right to join with others, share ideas, and work toward a common purpose Freedom of association