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.