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judicial branch
ch. 18-21
Term | Definition |
---|---|
Inferior Courts | the lower federal courts, beneath the supreme court |
Jurisaiction | the authority of a court to hear a case |
Plaintiff | in civil law, the party who brings a suit or some other legal action against another (the defendant) in court |
Defendant | in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime |
Orginal Jurisadicton | the power of a court to hear a case first, beofre any other court |
Criminal Case | a case in which a defendant is tried for committing a crime defined by the law |
Civil Case | a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement |
Docket | a courts list of case to be heard |
Majority Opinion | offically called the opinion of the court; announces the court's decision in a case and sets out the reasoning upon which it is based |
Precedent | court decision that stands as an example to be followed in future, similar cases |
Dissenting Opinion | written explanation of the wiews of one or more judges who disagree with (dissent from) a decision reached by a majority of court; see najority opinion |
Redress | satifaction of a claim payment |
Court | material a court composed of military personnel for the trial of those accused of vibrating military law |
Due Process | the government must act fairely and in accord with established rules in all that it does |
Police Power | the authority of each state to act to protest and promote the public health, safety, morals, and general welfare of its people |
Search Warrant | a court order authorizing a search |
Involuntary Servitude | forced labor |
Discrimination | Bias, unfairness |
Probable Cause | reasonable grounds, a reasonable suspicion of crime |
Exclusionary Rule | evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized |
Writ Of Habeas Corpus | a court order which prevent unjust arrest and imprisonments |
Bill of Attainder | a legislature act that inflicts punishment without a court trial |
Ex Post Facto Law | a law applied to an act committed before its passage |
Grand Jury | the formal device by which a person can be accused of a serious crime |
Indictment | a formal complaint before a grand jury which charges the accused with one or more crimes |
Double Jeopardy | part of the 5th amendment which says that no person can be put in jeopardy of life or limb twice |
Miranda Rule | the constitutional rights which police must read to a suspect before questioning can occur |
Capitol Punishment | the death punishment (penalty) |
Civil Liberties | the guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom at relgion |
Civil Rights | a term used for those postive acts of government that seek to make constitutional guarantees a reality for all people, e.g prohibitions of discrimination |
Alien | foregin-born resident, or non-citizen |
Process of Incorporation | the process of incorporation, or including, most of the guarantees in the Bill of Rights into the 14th amendments Due Process Clause |
Establishment Clause | separates church and state |
Free Exercise clause | the second part of the constitutional guarantee of religious freedom, which guarantees to each person the right to believe in whatever he or she chooses to believe in matters of religion |
Libel | false and malicious use of printed words |
Slander | false and malicious use of spoken words |
Sedition/Seditious Speech | the crime of attempting to overthrow the government by force, or to disrupt its lawful activites by violent acts; the advocating, or urging |
Prior Restraint | the government cannot curb ideas before they are expressed |
Symbolic Speech | expression by conduct; communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band |
Assemble | to gather with one antoher in order to expressviews on public matters |
Right of Association | the right to associate with others to promote political, economic, and other social clauses |