KEY TERMS LIST JUDICIAL BRANCH

Free Exercise Clause

Free Exercise Clause refers to the section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Sentence: Furthermore, unless all students are required to recite the Pledge, there is no violation of the free exercise clause either.

Police Power

In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Sentence: The takings clause mediates between the police power and the eminent domain power.

Concurring Opinion

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. Sentence: Concurring opinion: opinion written by a judge agreeing with the majority's conclusion but not its reasoning.

Symbolic Speech

Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Sentence: Democratic opponents of the amendment cited the Boston Tea Party as " dramatic symbolic speech ."

Establishment Clause

The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Sentence: Spending federal funds to employ chaplains for the armed forces might be said to violate the Establishment Clause.

Assemble

gather together in one place for a common purpose. Sentence: The shed comes in sections that you assemble yourself.

Probable Cause

reasonable grounds (for making a search, pressing a charge, etc.). Sentence: The probable cause of death was heart failure.

Bill of Attainder

see attainder. Sentence: No Bill of Attainder or expost facto Law shall be passed.

Slander

the action or crime of making a false spoken statement damaging to a person's reputation. Sentence: He was found guilty of slander against his employers.

Capital Punishment

the legally authorized killing of someone as punishment for a crime. Sentence: They seriously believe that capital punishment is a deterrent.

Jurisdiction

the official power to make legal decisions and judgments. Sentence: This case comes under the jurisdiction of a lower court.

Double Jeopardy

the prosecution of a person twice for the same offense. Sentence: The review of double jeopardy is not a zany proposal.

Civil Rights

the rights of citizens to political and social freedom and equality. Sentence: The new law will secure the civil rights of the mentally ill.

Civil Liberties

the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech. Sentence: Civil liberties groups helped to turn the tide against industrial violence.

Obscenity

the state or quality of being obscene; obscene behavior, language, or images. SEntence: He insisted these photographs were not art but obscenity.

Bail

the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court. Sentence: They will discuss how to bail the economy out of its slump.

Discrimination

the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex. Sentence: There is widespread discrimination against doctors of Asian origin.

Bench Trial

A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases. Sentence: Testimony in the bench trial ended last week in Wilmington, Delaware.

Criminal Case

A criminal case, in common law jurisdictions, begins when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney. Sentence: Every lawyer who has ever defended a criminal case knows he speaks the truth.

Dissenting Opinion

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. Sentence: Any dissenting opinion shall accompany the majority decision.

Ex Post Facto Law

A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits the making of ex post facto law. Sentence: Suppose an ex post facto law makes it a criminal offense to shoot unarmed trespassers on one's property for any reason whatsoever.

Writ of Habeas Corpus

A writ of habeas corpus (which literally means to "produce the body") is a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention. Sentence: His petition for a writ of habeas corpus was denied by the circuit court.

Appellate Jurisdiction

Appellate jurisdiction is the power of a higher court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created and may consist of appeals by leave of the appellate court or by right. Sentence: Marshall rejected the argument that the Organic Act authorized criminal appellate jurisdiction.

Writ of Certiorari

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. Sentence: Whether the Court will issue a writ of certiorari is entirely within its discretion.

Civil Case

Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole. Sentence: He did not testify in the criminal case.

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. Sentence: Testamentary causes at first were subject to the concurrent jurisdiction of the spiritual and secular courts.

Substantive Due Process

Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Sentence: Most judges were largely unsympathetic to the substantive due process claims raised.

Exclusive Jurisdiction

Exclusive jurisdiction is decided on the basis of the subject matter dealt with by a particular court. Sentence: Thus the headman had a veto over criminal prosecutions for the petty offenses over which village tribunals had exclusive jurisdiction.

Majority Opinion

In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Sentence: Often, the justice who authored the majority opinion will incorporate into the majority opinion a response to the dissenting opinion's arguments.

Procedural Due Process

Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. Sentence: The notice required by procedural due process of law must be reasonable and adequate for the purpose.

Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. Sentence: Instead of following due process, the evidence, the advice of experts and the interest of rural communities.

Miranda Rule

The Miranda rule is a concept in criminal law that applies to police interrogations of person who have been taken into custody. The term "Miranda" stems from the famous case, "Miranda v. Arizona" (1966). This case discussed the admissibility of statements obtained during interrogation. Sentence: This judicial pursuit prompted Miranda rule more reasonable.

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. Sentence: The conferral of original jurisdiction creates some problems for the High Court.

Right of Association

The right to form societies, clubs, and other groups of people, and to meet with people individually, without interference by the government. Sentence: He argued that New Jersey's anti-discrimination law did not supersede the organization's First Amendment rights of association.

Civilian Tribunal

a court operating as part of the judicial branch, entirely separate from the military establishment. Sentence: When sitting in its capacity as a criminal court it is known as the tribunal correctionnet.

Inferior Courts

a court that is subordinate to and whose decisions are subject to review by the highest court in a judicial system. Sentence: The inferior courts Those courts which do not form part of the Supreme Court of Judicature are collectively known as inferior courts.

Indictment

a formal charge or accusation of a serious crime. Sentence: Her speech was a scathing indictment of the government's record on crime.

Courts-Martial

a judicial court for trying members of the armed services accused of offenses against military law. Sentence: The court-martial found Captain Faulknor carried no blame and was acquitted.

Grand Jury

a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial. Sentence: Last month, a federal grand jury began mulling evidence in the case.

Exclusionary Rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. Sentence: The exclusionary rule of illegally obtained evidence is invalid and can't be adopted in court, for it disobeys the proceedings of law.

Shield Law

a law that protects witnesses from revealing certain information, especially in court. Sentence: The military's rape shield law also applies to Article 32, pre-trial proceedings.

Search Warrant

a legal document authorizing a police officer or other official to enter and search premises. Sentence: The police must have a search warrant to search a house.

Plaintiff

a person who brings a case against another in a court of law. Sentence: The plaintiff was guilty of contributory negligence for failing to wear a crash helmet.

Libel

a published false statement that is damaging to a person's reputation; a written defamation. Sentence: A countercharge of libel was made by the opposing counsel.

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. Sentence: The judgment on pension rights has established/set a precedent.

Defendant

an individual, company, or institution sued or accused in a court of law. Sentence: The defendant was charged with disturbing the peace.

Unalienable

another term for inalienable. Sentence: The unalienable rights of the people are most likely to be preserved if the principles of government are set forth in a written constitution.

Sedition

conduct or speech inciting people to rebel against the authority of a state or monarch. Sentence: The Sedition Act was repealed several years later but never declared in violation of the First Amendment.