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Flashcards in The Judiciary and The Law Deck (40):
1

Principles of the Judicial System

Four Principles:
-Equal Justice Under the Law
-Due Process of Law
-Adversarial System
-Presumption of Innocence

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Equal Justice Under The Law

Founding Fathers were afraid about a national hierarchy in the legal system so many amendments were added to protect a person in the court system

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Due Process

Two Types:
-Substantive
-Procedural

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Substantive Due Process

Deals with the question on whether laws are/are not fair

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Procedural Due Process

Deals with the question on whether laws are/are not fairly applied

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Adversarial System

Based on the premise that the best way to work out questions of fact is to have two sides debate the burden of guilt or liability in a situation

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Presumption of Innonence

States that all people are innocent until proven guilty in the court of law

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Criminal Law

Type of law that deals with serious crimes that harm individuals or society

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Grand Jury

A group of 24-48 jurors who decide whether or not a trial should commence

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Plea Bargaining

Attempt to work out an agreement to a less serious crime or sentence between the prosecution and defense (95% of all criminal cases end in plea bargains)

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Plea Bargains

The agreement to a lesser crime or sentence between the prosecution and defense

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Beyond A Reasonable Doubt

The defendant must be found guilty beyond a reasonable doubt before they can be given a sentence

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Petit Jury

12 jurors that determines if the defendant is guilty or not guilty (but can only do so if all 12 jurors vote to convict)

14

Civil Law

What determines the results of disputes over things like contracts, property, child custody, or a liability issue

15

Settlement

Parties negotiate and the issue becomes how much each party is willing to give up in order to end the lawsuit

16

Preponderance of Evidence

The plaintiff needs to prove that the evidence points in favor of the party he is representing in order to win a case

17

Equity

The losing party may be forced to stop doing something that was annoying/harmful to the winning party

18

Original Jurisdiction

The power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision

19

Appellate Jurisdiction

The power to only decide issues of the law and never the facts of a case

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Federal District Courts

Decide both civil and criminal court cases in original jurisdiction and can also decide liability in civil cases where monetary losses have occured

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Circuit Courts of Appeals

Hear cases on appeal from the Federal District Courts or from the state Supreme Courts

22

Senatorial Courtesy

Senators can submit a list of acceptable names of federal judge nominees to the President

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Judicial Restraint

A practice in which judges are reluctant to overturn the acts of a legislature

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Judicial Activist

A practice in which a judge overturns legislative action

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Writ of Certiorari

A legal document used to request the lower court transcripts of a case

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Justicidable

Cases that involve a legal dispute

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Standing

The vested interest in the outcome of a case

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Marbury v. Madison (1803)

Court Case ruling that gave the Supreme Court the right to judicial review

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Judicial Review

Gives the Supreme Court the power to determine the constitutionality of laws

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Fletcher v. Peck (1810)

Court case ruling that established the Court's right to apply judicial review to state laws

31

McCulloh v. Maryland (1819)

Court case ruling that rules that states do not have the power to tax the national bank or the federal government

32

Gibbons v. Ogden (1824)

Court case ruling that increased the federal power over interstate commerce by implying that anything concerning interstate trade could potentially be regulated by the federal government

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Amicus Curiae Briefs

Constitute an effort to sway the justices to one side or the other and can be quite influential in determining the outcome of a case

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Oral Arguments

Lawyers for each party have a half hour each to stand before the nine justices and present their arguments

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Solicitor General

Receives a half hour to debate on the government's behalf

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Conference

The justices cast votes, and opinion-writing duties are handed out

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Unanimous Opinion

When all of the justices agree (Carries the most force in legal cases and when new laws are drafted)

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Majority Opinion

When a split occurs it is the opinion with the most votes and decides the result of the case

39

Concurring Opinion

Justices may vote for the majority but they may have an issue with its legal reasoning

40

Dissenting Opinon

When the justices that voted for the minority question the reasoning of the winning side