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Chapter 18 Vocabulary Review
Use the clues to determine what Chapter
18 term is being described!
THE SUPREME COURT
• ONLY COURT MENTIONED IN THE CONSTITUTION
• HAS ORIGINAL AND APPELLATE JURISDICTION
INFERIOR / CONSTITUTIONAL COURTS• The Supreme Court and the 4 courts
created by the Congress as granted by the Constitution: ………..“such inferior courts that Congress shall from time to time ordain and establish”.
JURISDICTION
• A COURTS AUTHORITY TO TRY A CASE.
• CAN ALSO REFER TO THE JUDICIAL POWER OF A OFFICER OF THE COURT.
ORIGINAL JURISDICTION
• A COURT’S AUTHORITY TO HEAR A CASE FOR THE FIRST TIME.
EXCLUSIVE JURISDICTION
• A COURT THAT HAS THE AUTHORITY TO HEAR ONLY SPECIAL OR SPECIFIC TYPES OF CASES.
CONCURRENT JURISDICTION
• ANY COURT CASE THAT CAN BE HELD OR TRIED IN A STATE OR FEDERAL COURT HAS THIS TYPE OF JURISDICTION
DIVERSE CITIZENSHIP
• DEALS WITH CIVIL CASES INVOLVING CITIZENS FROM DIFFERENT STATES.
• CAN BE HEARD IN STATE OR FEDERAL COURTS
APPELLATE JURISDICTION
• AUTHORITY TO HEAR A CASE THAT IS APPEALED FROM A PREVIOUS COURT’S DECISION.
MARITIME / ADMIRALTY LAWS
• FALL UNDER SUBJECT MATTER TO DETERMINE JURISDICTION.
• A LAW THAT DEALS WITH EVENTS THAT OCCUR AT SEA OR IN A PORT.
STANDING
• DETERMINES WHO CAN BE INVOLVED IN A COURT CASE.
• MUST HAVE A PERSONAL INTEREST IN THE OUTCOME OF A CASE.
JUDICIAL RESTRAINT
• AS A JUDGE, TRYING A CASE BASED ON THE RESULTS OF PREVIOUS SIMILAR CASES.
• THIS IDEOLOGY ON JUSTICE WILL DETERMINE YOUR APPOINTMENT TO THE COURT.
JUDICIAL ACTIVISM
• JUDGING A CASE BASED ON IT’S MERITS AND THE CLIMATE OR ATTITUDE OF SOCIETY AT THAT TIME.
SENATE JUDICARY COMMITTEE AND THE A.B.A.
• THE TWO GROUPS RESPONSIBLE FOR THE INVESTIGATION PHASE OF ANYONE NOMINATED FOR A JUDICIAL POST.
THURGOOD MARSHALL
• NAACP LAWYER WHO FOUGHT FOR CIVIL RIGHTS
• FIRST AFRICAN AMERICAN ON THE SUPRME COURT
SANDRA DAY O’CONNOR
• FIRST WOMAN ON THE U.S. SUPREME COURT.
RECESS
• THE TWO WEEK PERIOD WHERE THE SUPREME COURT DISCUSS AND RESEARCH CASES, WRITE OPINIONS, AND DECIDE ON WHAT CASES TO ACCEPT.
SITTINGS
• 2 WEEK TIME PERIOD WHEN SUPREME COURT JUSTICES HEAR CASES IN COURT.
• DECISIONS ARE ANNOUNCED AFTER THIS 2 WEEK PERIOD.
DOCKET
• A SCHEDULE OF CASES ASSIGNED TO A SPECIFIC COURT.
WRIT OF CERTIORARI
• A COURT ORDER BY AN APPEALS COURT REQUESTING A CASE BE HEARD BY A HIGHER COURT.
CERTIFICATE
• A CASE SENT TO THE SUPREME COURT BY A LESSER COURT BECAUSE THAT COURT IS UNSURE OF THE PROCEDURE TO USE OR RULING TO ESTABLISH.
DISCUSS LIST
• THE AGREED UPON COURT CASES THAT THE JUSTICES ACCEPT TO HEAR IN THEIR NEXT SESSION.
RULE OF 4
• AN UNWRITTEN RULE THAT STATES THAT IF 4 JUSTICES WANT TO HEAR A CASE, THEN IT IS ASSIGNED TO BE HEARD BY THE ENTIRE COURT.
BRIEFS
• FILED BY AN ATTORNEY, THIS LENGTHY DOCUMENT SUMMARIZES THE CASE AND THE RIGHTS VIOLATED OR CONSTITUTIONAL / STATUTORY LAW THAT IS BEING CHALLENGED.
STARE DECISIS
• JUDICIAL PHILOSOPHY OF USING PRECEDENTS TO SOLVE PREVIOUS CASES.
• “LET YESTERDAY’S DECISION GOVERN TOMORROW’S DECISION!”
PRECEDENT
• SETTING A LANDMARK RULING CREATES ONE OF THESE.
• A PREVIOUS COURT CASE THAT IS USED AS A GUIDE TO DECIDE THE OUTCOME OF A CURENT COURT CASE.
PLAINTIFF
• IN A CIVIL COURT CASE, THE PERSON WHO FILES A COMPLAINT AGAINST ANOTHER
DEFENDANT
• A PERSON CHARGED BY THE GOVERNMENT WITH A CRIME OR A PERSON ACCUSED IN A CIVIL CASE.
AMICUS CURIAE
• AN ADDITIONAL OR “FRIEND OF THE COURT” REPORT REQUESTED BY THE SUPREME COURT.
PER CURIAM
• A SUPREME COURT DECISION BASED ONLY ON THE READING OF THE BRIEFS AND NOT ON AN ACTUAL HEARING BEFORE THE COURT.
MAJORITY OPINION
• AN OPINION THAT EXPLAINS THE RULING OF THE GREATER NUMBER OF THE SUPREME COURT JUSTICES.
CONCURRING OPINION
• A JUSTICE WHO VOTES WITH THE MAJORITY BUT FOR A DIFFERENT REASON THAN THE MAJORITY WILL WRITE THIS.
DISSENTING OPINION
• A JUSTICE WHO VOTES AGAINST THE MAJORITY OF THE JUSTICES IN A SUPREME COURT CASE WILL FILE THIS.
REMAND
• TO SEND A CASE FROM A HIGHER COURT TO A LOWER COURT TO BE RE-TRIED.
DE NOVO
• THIS TERM REFERS TO A COURT CASE SENT BACK TO THE DISTRICT COURT FOR RE-TRIAL, THIS CASE MUST BE HEARD AS AN ORIGINAL CASE
MARBURY vs. MADISON
• SUPREME COURT CASE THAT ESTABLISHED THE CONCEPT OF JUDICIAL REVIEW.
• JOHN MARSHALL GIVEN THE TITLE OF “FATHER OF JUDICIAL REVIEW
WRIT OF MANDAMUS
• A COURT ORDR REQUIRING A GOVERNMENT OFFICIAL DO HIS JOB.
• RULED ILLEGAL IN MARBURY VS MADISON
PLESSY VS. FERGUSON
• THIS COURT CASE, IN 1896, SUPPORTED THE SOUTHERN POLICY OF SEPARATE BUT EQUAL.
SEPARATE BUT EQUAL.
• THE SOUTHERN POLICY OF SEPARATING RACES (SEGREGATION), A PRACTICE ACCEPTED IF “SIMILAR OR EQUAL” FACILITIES WERE ESTABLISHED.
1954--BROWN vs. BOARD OF EDUCATION
• A LANDMARK CASE FOR THE CAUSE OF CIVIL RIGHTS
• RULED THAT PLESSY vs. FERGUSON AND “SEPARATE BUT EQUAL” WERE ILLEGAL AND SHOULD BE ENDED.
ROE vs. WADE
• SUPREME COURT DECISION CONCERNING ABORTION.
• RULING MADE IN 1973
20%--80%--87%
• THE PERCENT OF ALL COURT CASES HEARD IN THE FEDERAL COURTS?
• THE PERCENT OF FEDERAL COURT CASES HEARD IN DISTRICT COURT?
• THE PERCENT OF CASES IN THE FEDERAL DISTRICT COURT THAT ARE CIVIL?
U.S. DISTRICT ATTORNEY
• RESPONSIBLE TO PROSECUTE ANYONE ACCUSED OF A CRIME IN THE FEDERAL DISTRICT COURTS.
• REPRESENTS THE GOVERNMENT IN A CIVIL CASE.
U.S. MARSHALL
• SECURES JURORS, MAKES ARRESTS, SERVES LEGAL PAPERS WITHIN THE DISTRICT THEY ARE ASSIGNED TO
EN BANC
• IN AN APPEAL COURT, THE TERM THAT REFERS TO ALL ASSIGNED JUDGES SITTING IN AND HEARING / JUDGING A COURT CASE.
PLEADINGS
• IN A CIVIL CASE, THE COMPLAINT FILED BY THE PERSON SEEKING COMPENSATION AND THE ANSWER OF THE ACCUSED.
GRAND JURY
• A GROUP THAT LISTENS TO EVIDENCE IN A CLOSED HEARING TO DETERMINE IF THAT EVIDENCE WARRANTS AN ACCUSATION AND A TRIAL TO BE HELD.
INDICTMENT
• A FORMAL ACCUSATION RETURNED BY A GRAND JURY.
TRIAL / PETIT JURY
• A GROUP RESPONSIBLE TO HEAR EVIDENCE AND FACTS IN A CASE AND DETERMINE THE GUILT / NEGLIGENCE OF THE ACCUSED.
WRIT OF VENIRE FASCIAS
• A COURT ORDER REQUESTING A PERSON APPEAR IN COURT TO SERVE ON A JURY POOL.
VOIR DIRE
• A PROCESS OF QUESTIONING PROSPECTIVE JURORS IN ORDER TO DETERMINE THEIR ABILITY / BIAS IN A SPECIFIC CASE
BENCH TRIAL
• ANY COURT CASE THAT IS DECIDED BY A JUDGE AND NOT A JURY.
WRIT OF SUBPOENA
• A COURT ORDER REQUESTING A PERSON OR EVIDENCE APPEAR IN A COURT TRIAL.
DEPOSITION
• PRE-RECORDED TESTIMONY FROM WITNESSES IN CIVIL AND CRIMINAL TRIALS.
INTERROGATARIES.
• A LIST OF QUESTIONS THAT OPPOSING LAWYERS ASK OF THE PLAINTIFF AND DEFENDANT PRIOR TO A TRIAL.
ARRAIGNMENT
• IN A CRIMINAL COUJRT CASE, A PRELIMINARY HEARING WHERE:– THE OFFICIAL CHARGE IS READ– A GRAND JURY MAY BE CONVENED– THE DEFENDANT ENTERS A PLEA
EQUITY
• IN CIVIL LAW, THIS IS A TYPE OF PREVENTITIVE LAW THAT TRIES TO STOP AN ACTION BEFORE IT CAN OCCUR.
INJUNCTION
• A STOP ACTION ORDER OF THE COURT .
• REQUIRES ONE PARTY TO STOP DOING WHATEVER THEY HAD PLANNED TO DO.
VERDICT
• THE FINAL DECISION OF A JURY IN A CRIMINAL COURT CASE
PLEA BARGAIN
• IN RETURN FOR LENIENCY OR A LESSER SENTENCE, THE ACCUSED AGREES TO PLEAD GUILTY TO A LESSER CHARGE.