Government test

En banc

In law, an en banc session (French for "in bench") is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them. The equivalent terms in banc, in banco or in bank are also sometimes seen.

Respondent

In such matters the moving party (the one filing the petition) is usually called the "petitioner." Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages.

judges terms

Jury. a group of citizens chosen to hear evidence and make a decision in a court of law. plaintiff. ..., a person who brings an action in a court of law. respondent. ..., someone who responds. prosecutor. ... defense attorney. ... litigant. ... Person involved in lawsuit discovery. ... miranda warning. Miranda rights

The justices

Justice is a broad notion that is based on a concept of moral rightness that incorporates varying perspectives on fairness, ethics, rationality, religion and law, according to Wikipedia. In most cases, the idea of justice is divided into two separate categories: social justice and procedural justice.

Roe v. Wade

Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision by the United States Supreme Court on the issue of abortion. It was decided simultaneously with a companion case, Doe v. Bolton. The Court ruled 7-2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life.[1] Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.

Procedural Due Process

Procedural due process. Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.

US Attorneys

United States Attorney - Legal Definition. n. An attorney appointed by the President of the United States to plead the United States government's case in civil and criminal cases in a federal district court.

burden of proof

the obligation to prove one's assertion.

Jurisdiction

the official power to make legal decisions and judgments.

Appellate

(typically of a court) concerned with or dealing with applications for decisions to be reversed.

constitutional courts

A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e., whether they conflict with constitutionally established rights and freedoms.

senatorial courtesy

A custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.

Litmus Test

A litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

Majority/Dissenting/Concurring

A majority government is a government formed by a governing party that has an absolute majority of seats in the legislature or parliament in a parliamentary system. This is as opposed to a minority government, where the largest party in a legislature only has a plurality of seats. A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report. In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.

Court's opinions

A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing, though occasionally an oral ...

docket

Also called trial docket. a list of cases in court for trial, or the names of the parties who have cases pending. Chiefly British. an official memorandum or entry of proceedings in a legal cause.

Brown v. Board of Education

Although the Declaration of Independence stated that "All men are created equal," due to the institution of slavery, this statement was not to be grounded in law in the United States until after the Civil War (and, arguably, not completely fulfilled for many years thereafter). In 1865, the Thirteenth Amendment was ratified and finally put an end to slavery. Moreover, the Fourteenth Amendment (1868) strengthened the legal rights of newly freed slaves by stating, among other things, that no state shall deprive anyone of either "due process of law" or of the "equal protection of the law." Finally, the Fifteenth Amendment (1870) further strengthened the legal rights of newly freed slaves by prohibiting states from denying anyone the right to vote due to race.

Exclusive Jurisdiction

Exclusive jurisdiction refers to power of a court to adjudicate a case to the exclusion of all other courts. It is the sole forum for determination of a particular type of case. Exclusive jurisdiction is decided on the basis of the subject matter dealt with by a particular court.

Advisory Opinion

An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law.

Drafting the Opinion(s)

An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law.

Constitutional provisions, Article III

Article 3 of the United States Constitution is the section that creates the judicial branch in the United States. The Judicial branch is the system of courts that look at the law and applies it to different cases. In the United States, the judicial branch of the federal government includes the United States Supreme Court and all the lower courts that are created by Congress

Binding Precedent

Binding Precedent Law and Legal Definition. Binding precedent means a precedent or an existing law that courts are bound to follow. For example, a lower court is bound to follow an applicable holding of a higher court in the same jurisdiction. Such precedents are also termed authoritative precedent or binding authority ...

confirmation process

Committee hearings. ... If action is taken, the committee notifies the executive clerk. The nomination is then given a number and added to the Executive Calendar of the Senate. Only one cabinet position since 1945 has been confirmed by the Senate after being reported as unfavorable by a committee.

Common law

Common law is a body of unwritten laws based on precedents established by the courts. Common law influences the decision-making process in novel cases where the outcome cannot be determined based on existing statutes.

Concurrent Jurisdiction

Concurrent jurisdiction is the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter. For instance, a domestic violence matter may be heard in either a general civil court or a family court in the same county.

Strict Constructionist

Definition of strict constructionist. : one who favors giving a narrow conservative construction of a given document or instrument; specifically : one who favors a strict construction of the Constitution of the United States — compare loose constructionist.

Certiorari

Definition: Certiorari, Petition for Writ of Certiorari. Certiorari. Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.

McCulloch v. Maryland

In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the Constitution and the laws made in pursuance thereof are supreme. . .they control the Constitution and laws of the respective states, and cannot be controlled by them."

Jurisdiction of US Circuit Court of Appeals

In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.

Judicial Activism

Judicial activism refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint.

Precedent

Law. a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases. any act, decision, or case that serves as a guide or justification for subsequent situations. Synonyms: example, model, pattern, standard.

Legislative courts

Legislative and Constitutional Courts. Constitutional courts are established pursuant to Article III of the Constitution, which states, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Lochner v. New York

Lochner v. New York, 198 US 45 (1905) was a landmark US labor law case in the US Supreme Court, holding that limits to working time violated the Fourteenth Amendment.

Marbury v. Madison

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

Kelo v. New London

No. In a 5-4 opinion delivered by Justice John Paul Stevens, the majority held that the city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause. The city was not taking the land simply to benefit a certain group of private individuals, but was following an economic development plan. Such justifications for land takings, the majority argued, should be given deference. The takings here qualified as "public use" despite the fact that the land was not going to be used by the public. The Fifth Amendment did not require "literal" public use, the majority said, but the "broader and more natural interpretation of public use as 'public purpose.'"

Oral Arguments

Oral arguments are spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute.

Persuasive Precedent

Persuasive Precedent Law and Legal Definition. Persuasive precedent means precedent which a judge is not obliged to follow, but is of importance in reaching a judgment, as opposed to a binding precedent. Persuasive precedents assist the decision maker in determining a case.

plaintiff/prosecution

Plaintiff. The party who sues in a civil action; a complainant; the prosecution—that is, a state or the United States representing the people—in a criminal case.

Stare Decisis

Stare decisis is a Latin term meaning "to stand by that which is decided". Stare decisis is a legal principle which dictates that courts cannot disregard the standard. The court must uphold prior decisions.

Statutory law

Statutory Law is the term used to define written laws, usually enacted by a legislative body. Statutory laws vary from regulatory or administrative laws that are passed by executive agencies, and common law, or the law created by prior court decisions. ... If the executive signs the bill it passes into law as a statute.

Substantive Due Process

Substantive due process, in United States constitutional law, is a principle allowing courts to protect certain rights deemed fundamental from government interference, even where procedural protections are present.

Supreme Court

Supreme Court definition. A federal court; the highest body in the judicial branch. The Supreme Court is composed of a chief justice and eight associate justices, all of whom are appointed by the president and confirmed by the Senate. (See photo, next page.)

appointment of judges

Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.

Jurisdiction of Supreme Court

The Constitution established the Supreme Court's original jurisdiction to provide a tribunal of the highest stature for disputes to which a state was a party and for cases involving the representatives of foreign nations. In practice, the Supreme Court has only rarely exercised its jurisdiction over foreign officials. Instead, the Supreme Court's original docket has been dedicated largely to resolving disputes between state governments.

Judiciary Act 1789

The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.

congressional powers over courts

The U.S. Constitution divides the powers of government into three branches: legislative, executive, and judicial. Generally speaking, the legislative branch, Congress, makes the nation's laws. ... The judicial branch, made up of the Supreme Court and lower federal courts, decides cases that arise under the laws.

US Marshals

The U.S. Marshals Service, a division of the Justice Department, is the oldest federal law enforcement agency, having served as a link between the executive and judicial branches of the government since 1789. ... A marshal is appointed for each of the 94 federal judicial districts in the United States.

US Solicitor General

The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States.

Jurisdiction of US District Court

The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States district court.

Original Jurisdiction

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

Rule of 4

The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket.

civil court

a court dealing with noncriminal cases.

criminal court

a court that has jurisdiction to try and punish offenders against criminal law.

Petitioner

a written document signed by a large number of people demanding some form of action from a government or other authority. any formal request to a higher authority or deity; entreaty. (law) a formal application in writing made to a court asking for some specific judicial action: a petition for divorce.

Defendant

an individual, company, or institution sued or accused in a court of law.

Dred Scott Case

formally Dred Scott v. John F.A. Sandford, legal case in which the U.S. Supreme Court on March 6, 1857, ruled (7-2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had declared free all territories west of Missouri and north of latitude 36°30′, was unconstitutional. The decision added fuel to the sectional controversy and pushed the country closer to civil war.

Judicial Restraint

judicial restraint definition. A view, associated with Felix Frankfurter among others, that judges should be reluctant to declare legislative enactments unconstitutional unless the conflict between the enactment and the Constitution is obvious.

Rights of the Accused

— Sixth Amendment. Nor shall any State deprive any person of life, liberty, or property, without due process of law.. — Fourteenth Amendment. We normally think of a trial by jury as one of the individual rights afforded to persons accused of a crime.