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Chapter 11 and 12 Government

AB
6Number of justices set by the Act of 1789.
9The 3 of justices which changed in 1869.
chief justiceHead of Supreme Court
Strict constructionistjudges that believe that the laws and the constitution should be followed strictly.
loose constructionistBelieves the laws of the constitution should loosely followed.
precedentGuiding principles for determining what is legal in future situations that involve similar issues.
Judiciary Act of 1789constitutional power to set up a system of federal courts.
jurisdictionauthority to interpret and administer the law from the Constitution
original jurisdictionthe authority to hear a case's initial trial; these involve cases that arise under the constitution, and other federal laws
appellate jurisdictionhave power to review cases previously decided by a lower court
district courtsthe trial courts of the federal system
courts of appealsAppeals of cases from the US district courts
briefswritten legal arguments, sumitted by both sides in the case
senatorial courtesytraditional principle in making distric court nominations
John MarshallChief Justice in 1801
judicial reviewTo review decisions
John RobertsCurrent Chief Justice
docketcourt's schedule
common lawa body of law that developed from traditions, customs and precedents
constitutional lawsdf
statuatory lawall regulations put forth by a lawmaking government body
administrative lawrules and regulations that government agencies
concurring opinionin a court decision, a formal statement by a judge on a judicial panel.
majority opiniona formal statement of the decision of a majority of members of a judicial panel hearing a case that gives the reasons for the decisions.
dissenting opiniona court decsion, a formal statement by a judge on a judicial panel.
stare deasislet the decision stand
judicial restraintthe practice of judges narrowly interpreting laws and limiting their decisions in order to avoid making public policy
judicial activismthe practice of judges using their court decisions to make new public policy in order to advance what they believe to be desirable social goals.
statuatory interpretationa judicial function in which a judge decides a law's meaning in regards to a specific court case.
feloniesmajor violation of criminal law; minimum a year in jail
misdemeanorsis a "lesser" criminal act
criminal lawsometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply
defendantIn criminal cases, the person accused of the crime
plaintiffalso known as a claimant or complainant, is the party who initiates a lawsuit
tortsa body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations
property lawis the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions)
contractsa binding legal agreement that is enforceable in a court of law
bailsome form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit it
bondis a debt security, in which the authorized issuer owes the holders a debt and, depending on the terms of it
indictmentformal accusation that a person has committed a criminal offense
probationa sentence which may be imposed by a court in lieu of incarceration
subpoenaa writ issued by a court that commands the presence of a witness to testify, under a penalty for failure.
sequesteredto set apart; as in a jury - to keep separate from society
peremptory challengea right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason
petit jurya jury of 12 to determine the facts and decide the issue in civil or criminal proceedings
arraignmenta formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her
constitutional interpretationJudicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional
grand jurytype of jury that determines whether there is enough evidence for a trial


Directed Study Teacher
Canton Academy
Canton, MS

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