Unit6 KeyWords

[Pages:2]Judicial Branch Vocabulary Key Words

1. Jurisdiction ? the power of a court to try and decide a case 2. Exclusive jurisdiction ? power of the federal courts alone to hear certain cases 3. Plaintiff ? in civil law, the party who brings a suit or some other legal action against another (the

defendant) in court 4. Defendant ? in a civil suit, the person against whom a court action is brought by the plaintiff; in a

criminal case, the person charged with the crime 5. Appellate jurisdiction ? the authority of a court to review decisions of inferior (lower) courts 6. Writ of certiorari ? an order by a higher court directing a lower court to send up the record in a

given case for review; from the Latin meaning "to be more certain" 7. Original jurisdiction ? the power to hear a case first, before any other court 8. Majority opinion ? officially called the Opinion of the Court; written statement by a majority of the

judges of a court in support of a decision made by that court 9. Concurring opinion ? written explanation of the views of one or more judges who support a

decision reached by a majority of the court, but disagree with the grounds for that decision (or wish to add or emphasize a point that was not made in the majority decision) 10. Dissenting opinion ? written explanation of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court 11. Bill of Rights ? the first ten amendments to the Constitution 12. Civil liberties ? guarantees of the safety of persons, opinions, and property from the arbitrary acts of government (including freedom of speech and freedom of religion) Protection 13. Civil rights ? refers to positive acts of government that seek to make constitutional guarantees a reality for all people; prohibitions of discrimination 14. Establishment Clause ? part of the 1st Amendment prohibiting either the establishment of a religion or the sanctioning of an existing religion by the government (it separates church and state) 15. Free Exercise Clause ? part of the 1st Amendment guaranteeing to each person the right to believe whatever that person chooses in matters of religion 16. Due process ? Constitutional guarantee, set out in the 5th and 14th Amendments to the National Constitution and in every State's constitution, that government will not deprive any person of life, liberty, or property by any unfair, arbitrary, or unreasonable action, and that government must act in accord with established rules 17. Libel ? publication of statements that wrongfully damage another's reputation (false and malicious use of printed words) 18. Slander ? speech that wrongfully damages a person's reputation (false and malicious use of spoken words) 19. Symbolic speech ? expression of beliefs, ideas by conduct rather than in speech or print (communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band) 20. Search warrant ? a court order authorizing a search of a suspect's property or person

21. Probable cause ? reasonable grounds, a good basis for belief that something is true; e.g., that a crime has been committed (a reasonable suspicion of crime)

22. Writ of habeas corpus ? a court order that a prisoner be brought before the court and that the detaining officer show cause why the prisoner should not be released; designed to prevent illegal arrests and unlawful imprisonments

23. Bill of Attainder ? a legislative act that inflicts punishment upon a person or group without a trial 24. Ex post facto law ? criminal law applied retroactively to the disadvantage of the accused prohibited

by the Constitution After the fact 25. Grand jury ? body of 12 to 23 persons convened by a court to decide whether or not there is

enough evidence to justify bringing a person to trial 26. Indictment ? accusation by a grand jury; a formal finding by that body that there is sufficient

evidence against a named person to warrant his/her criminal trial 27. Double jeopardy ? trial a second time for a crime of which the accused was acquitted in a first trial;

prohibited by the 5th and 14th Amendments 28. Miranda rule ? a listing of the Constitutional rights that suspects must be advised of before police

questioning: 1) they have the right to remain silent; 2) anything they say may be used against them in court; 3) they have a right to an attorney before questioning begins; 4) an attorney will be appointed for them by the court if they cannot afford one; 5) they may bring the questioning to an end at any time 29. Bail ? money the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time 30. Segregation ? the separation or isolation of a racial or other group from the rest of the population in education or other areas of public or private activity

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