Chapter 18 Vocabulary Review Use the clues to determine what Chapter 18 term is being described!

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.