Judicial Branch Key Terms

subpoena

a court document that orders an individual to appear before court or to produce evidence needed by law enforcement officials

injunction

a court order that forbids or requires a specific action

appellate court

a court that hears appeals on points of law decided by trial courts

opinion

a court's written decision in a case; it includes the questions of law, the court's ruling, and the reasoning involved in the ruling

arraignment

a courtroom hearing in which a suspect is formally charged with a crime

indictment

a formal statement presented by a prosecuting attorney charging a person with committing a crime

amnesty

a general pardon given to a group of people who have broken the law

grand jury

a group of people who decide whether there is sufficient evidence against an accused person to justify a criminal trial

hung jury

a jury that cannot agree on a verdict

ex post facto law

a law that makes illegal an action that was legal at the time the law was passed; such laws are forbidden by the Constitution

public defender

a lawyer employed by the state and appointed by the court to defend individuals who cannot afford legal aid

pardon

a release from legal punishment

dissenting opinion

a separate opinion in which a judge explains his or her own views about a case, in dissent form (disagreeing with) the majority opinion or conclusion reached by the majority of the court

common law

a system of law in which judges make decisions according to prevailing customs; decisions are applied to similar situations and thus gradually become common to the national common law forms the basis of legal procedures in the United States

acquittal

an accused person is found not guilty by a court

reprieve

an official order by a chief executive to delay temporarily the carrying out of an execution or prison sentence

appellate jurisdiction

authority of a court to review legal decisions by a lower court

prosecuting attorney

brings charges against the accused and attempts to prove that a crime was committed

state court

each of the 50 states has its own courts with jurisdiction over all cases that arise under its own laws; the state court system is organized much like the federal court system

plea

in a court case, the response of defendants regarding their guilt or innocence

criminal law

the collection of laws defining crimes and establishing punishment for violations; criminal cases are prosecuted by the government

federal court system

the court system of the federal government, which is divided into three levels: the lower is made up of federal district courts; at the middle level are federal circuit courts of appeal; the highest level is the Supreme Court

perjury

the crime of lying while under oath

capital punishment

the death penalty

civil law

the law regulating personal conduct and allowing for the settlement of disputes between individuals over noncriminal matters, such as contracts, family relations, and business issues

original jurisdiction

the power of a court to hear a case when it is first brought into the jurisdiction system

judicial review

the power of courts to judge legislative or executive acts unconstitutional; all national and state courts hold this power, though the highest state or federal court usually makes the final decision

extradition

the procedure for returning an accused person to the state or country where a crime was allegedly committed

majority opinion

the verdict that decides a Supreme Court case, the opinion is supported by more than half of the justices hearing the case

sequester

to isolate jury members during a particularly sensitive trial