The American Legal System Flashcards

(36 cards)

1
Q

Appellant

A

A person who brings an appeal

Also known as a petitioner

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2
Q

Appellee

A

A person against whom an appeal is brought

Also known as a respondent

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3
Q

Bill

A

A proposed law to be brought before a legislative body

Has various other legal definitions, usually pertaining to certain types of legal documents

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4
Q

Case Law

A

Law created by the court through a case opinion

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5
Q

Checks and Balances

A

A system of our government, designed by its Framers, whereby each branch of the government may “check” or be checked by the other two, thus “balancing” the power of government

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6
Q

Common Law

A

Law incorporated from custom and usage

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7
Q

Congress

A

The United States legislative body, composed of the Senate and the House of Representatives

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8
Q

Constitutionality

A

The legality of a particular law or act determined insofar as it is consistent with the United States Constitution

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9
Q

Court of Appeals

A

A court where appeals are brought

On the federal level, courts where district court decisions are typically appealed

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10
Q

Defendant

A

A person against whom a lawsuit is brought

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11
Q

District Court

A

The lowest level federal court

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12
Q

Executive Branch

A

The branch of government that carries out the law

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13
Q

Federal Government

A

The tier of government that is centered in Washington, D.C., and is comprised of the 50 states. Its laws apply uniformly throughout the entire nation

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14
Q

Governor

A

The head of each state’s executive branch of government

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15
Q

House of Representatives

A

The legislative body that, along with the Senate, comprises the United States Congress

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16
Q

Impeachment

A

An official criminal proceeding against an officer of the United States, typically for misconduct while in office

17
Q

Judicial Branch

A

The branch of government that interprets the law

18
Q

Jurisdiction

A

The legal power of a court to adjudicate a case

19
Q

Legislative Branch

A

The branch of government that creates the law

20
Q

Litigation

A

The process of a case going to trial in court

21
Q

Loose Constructionist

A

A judge who loosely interprets the United States Constitution to justify changing a particular law

22
Q

Petitioner

A

A person who brings an appeal

Also known as an appellant

23
Q

Plaintiff

A

A person who brings a lawsuit

24
Q

President of the United States

A

The United States chief executive

Leader of the federal executive branch of government

25
Respondent
A person against whom an appeal is brought Also known as an appellee
26
Statute
A law created by a legislative body
27
Senate
The legislative body that, along with the House of Representatives, comprises the United States Congress
28
State Government
The tier of government that presides over an individual state
29
State Legislature
Laws passed by state level government
30
Strict Constructionist
A judge who strictly interprets the wording of the Constitution and is not likely to alter the law to fit contemporary standards
31
Subject Matter
A factor in deciding jurisdiction based on the type of legal issue at hand
32
Supremacy Clause
The U.S. Constitution's proclamation of its superiority over any state law
33
Trial
The first (and, often, only) judicial phase of a lawsuit
34
United States Constitution
The document on which the United States government was based and continues to be the supreme law of the United States
35
United States Supreme Court
The highest court of the United States
36
Appeal
The act of requesting that a higher court review the decision of a lower court