US History Chapter 13 and 14

majority opinion

A Supreme Court decision expressing the views of more than half of the Court's members; the ruling of the Court then becomes law.

"living" constitution

A concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text.

What are some of the differences between a court-martial and a civilian criminal trial?

A court-martial are similar to civilian criminal trials except the judges and attorneys are legal officers of the military branch that the violation occurred.

Whats the difference between a dissenting opinion and a concurring opinion?

A dissenting opinion is a document issued by judges who disagree with the majority opinion, but a concurring opinion is one that agrees with majority opinion but for different reasons.

Whats the difference between a jury and a grand jury?

A jury listens to the evidence and gives a verdict, and a grand jury listens to the charges against a suspect and evidence to decide whether or not its enough to bring to trial.

Appellate litigation

A lawsuit that is occurring at the appeals level of the court system.

Precedent

A legal principal established by an appellate court decision that lower courts must follow when deciding similar cases

Advisory opinion

A ruling on a law that has not yet been challenged in court.

brief

A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of the case

Writ of certiorari

An order from the Supreme Court to a lower court to send up the records on a case for review.

What is a supreme court clerk? What are the qualifications of a clerk?

Clerks read every petition and look for cases that clearly present a federal legal issue that is important and has divided lower courts. They must be a recent law graduate that has done exceptional work as law students also already clerked for one year at a federal court of appeals.

Rule of four

In order for the Supreme Court to hear a case at least four of the judges must want to take on the case.

unanimous ruling

Issued when the justices all agree on the outcome and the reasons for a court decision in a case.

What is a dissenting opinion? Who writes one?

It is written by the judge whom disagrees with the majority opinion.

contentious

Likely to cause disagreement or argument.

Tribal Courts

Native Americans living on reservations in the United States use this unique judicial system

originalism

The belief that the U.S. Constitution should be interpreted according to the intent of those who composed and adopted it.

Prosecutor

The lawyer who represents the government in Criminal Cases

Public Defender

The lawyer who works for the state to defend people who cannot afford to hire their own private lawyer

Judicial Review

The power the Supreme Court has to determine whether a law is unconstitutional.

What is the purpose of an amicus curiae brief, who might write one?

The purpose is to, in hope sway a way the judges might think about the case, and is written by an individual or a group. Ex. If the case was involving guns, the NRA would use an amicus curiae brief to sway the judges to less gun laws.

What are the similarities and differences of judicial restraint and judicial activism?

They're both things that they must attempt to stop but activism is ignoring what the people say in order to protect the Constitution, and restraint is avoiding overturning laws.

statute

a federal law; law written by a legislative branch

indictment

a formal charge of criminal action by a grand jury

plaintiff

in a civil trial, the person who brings the suit to court

majority opinion

states the decision of the court

procedural due process

the fair administration of justice

impartial

unbiased