test4 govt 2302

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created 10 years ago by Cindy0321
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updated 10 years ago by Cindy0321
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1

common law

judge-made law that originated in england from decisions shaped according to prevailing custom

2

precedent

a court rule bearing on subsequentlegal decisions in similar cases

3

stare decisis

to stand on decided cases

4

case law

judicial interpretation of common law principles and doctrines, as well as interpretations of constitutional law

5

jurisdiction

the authority of a court to decide dertain cases

6

federal question

a question that has to do with the U.S constitution acts of congress or treaties

7

diversity of citizenship

the condition exist when the parties to a lawsuit are citizens of all different states or when the parties are citizens of a u.s state and citizns or the government

8

justiciable controversy

a controversy that is real and substatioal as opposed to hypothetical or academic

9

trial court

the court in ehich most cases begin

10

general jurisdiction

exists when a courts authority to hear cases is not significantly restricted

11

limited jurisdiction

exists when a courts authority to hear cases is restricted to certain types of claims such as tax claims or bankrupty

12

appellate court

a court having jurisdiction to review cases and isssues that were originally tried in lower courts

13

litigate

to engage in a legal proceeding or seek relief in a court of law

14

amicus curiae bried

a brief( document containing a legal argument supporting a deside outcome in a particular case) filled by a third party or amicus curiae"friend of court" who is not directly involved in the ligation but who has an interest in the outcome of the case

15

class-action suit

a lawsuit filed by an individual seeking damages for all persons similarly situated

16

writ of certiorari

an order issue by a higher court to a lower court to send up the record of a case for reviews

17

rule of four

a united states supreme court procedure by which four justices must vote to grant a peetition for review if a case is to come before the full court

18

oral arguments

the arguments presented in person by attorneys to an appellate court

19

opinion

the statement by a judge or a court of the decision reached in a caase

20

affirm

to declare that a court ruling is valid and must stand

21

reverse

to annul or make void, a court ruling on account of some error or irregularity

22

remand

to send a case back to the court that originally heard it

23

unanimous opinion

a court opinion or determination on which all judges agree

24

majority opinion

a court opinion reflecting the views of the majority of the judges

25

concurring opinion

a separate opinion prepared by a judge who supports the deciosion of the majorityof the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made

26

dissenting opinion

a separate opinion in which a judge dissents from (disagrees) the conclusion reacehd by the majority on the courts and expounds his or her own views about the case

27

senatorial courtesy

in federal disctrict court judgeshipp nominations a tradition allowing a senator to vote a judicial appointment in his or her state

28

judicial review

power of the supreme court and other courts to declare unconstitutional federal or state

29

judicial activism

a doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmentl bodies when those bodies exceed their authority

30

judicial restraint

a doctrine holding that the courts shoud defer to the decisions made by the elected representatives

31

strict construction

a judicial philosophy that looks to the lettter of the law when interpreting the constitution or a particular statute

32

broad construction

a judicial philosophy that looks to the context and purpose of a law when making an interpretation

33

marbury vs madison

court declared that a law passed by congress violated the constitution

34

partisan election

an election between candidates who are nominated by thier parties and whose party affiliation is designated on the ballot

35

burden of proof

in a court case a partys duty to convince a judge or jury that the partys version of the facts is true

36

dockets

the schedule of court activity

37

tort reform

in civil law, a tort is a wrong or injury (other than aa breach of contract) tort refor is an effort to limit liabilit in tort cases

38

punitive damages awards

a financial payment that may be awarded to a plaitiff om a civil case to punish the defendant and deter similar conduct in the future

39

felony

a crime such as arson, murder, rape or robbery that carries the most severe sanctions, usually ranging from one year in prison to death

40

misdemeanor

a lesser crime than a felony

41

due process

established rules and principles for the administration of justice designed to afeguard the right of the individual

42

examining trial

a relatively uncommons procedure that may be requested by felony defendants in texas.

43

grand jury

a jury that sits in pretrial proceedings to determine if sufficient evidence exist to try an individual and therefore apporve an indictment

44

change of venue

a change in the site of trial

45

plea bargaining

negotiations that take place between the prosecution and the defense in a criminal case in which teh defendant normally is offered and lighter sentence or other benefits in return for guilty plea

46

deferred adjudication

a procedures that allows a judge to pospone final sentencing in a criminal case

47

adversary system

a legal system in which parties to a legal action are opponents responsible for bringing the facts and law related to their case before the court

48

mistrial

a trial judge to be invalid because of fundamental error

49

probation

a sentencing alternative to imprisonmnt in which the court releases convicted defendants under suprevision as long as certain conditions are observed

50

acquitted

found not guilty

51

municipal court

handle minor violations of state law class c misdeameanors, fine $500 or less, no jail sentence, 80% of cases are traffic violations

52

justice of the peace

requires that the county commissiones in each country establish at least 1 and not more than 8 justice precints

53

original jurisdiction

the authority of a court to conside a case in the first instance
maximun punishment fine less than 500, controversy not exeed 200,

54

county courts at law

in texas county courts in addition to the constitutional county court

55

district court

"chief trial courts of the state"
as a group call general trial courts
texas has 444/ single judge
judge must be at least 25 years, resident 2y, citizen, lawyer or attorney 4y, elected 4 y by voters, pay 125,000k

56

appellate jurisdiction

the authority vested in an appellate court to review and revise the judicial actions of inferior courts

57

courts of appeals

hear civil & criminal cases
disposed 11286 cases
state pays chief of appeals judge 140k
requirements- 35y, 10y exp, 6year terms

58

texas court of criminal appeal

highest in criminal matters
oklahoma has same similar system
judges wrote 575 only 444 determine

judges_ elected for 6y overlap, must be 35y, 10yexp, salarary 152500

59

texas supreme court

final court of appeal in

60

gag order

an order issue by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused right to a fair trial

61

writ of habeas corpus

you have the body

62

arraignment

the first act in a criminal proceeding in which the defendant is brought befroe a court to ear the charges against him or her and enter a plea of guilty or not guilty

63

exclusionary rule

a judicial policy prohibited the admission at trail of illegally seized evidence

64

miranda rights

prior to any questioning the person must be warned that he has the right to remain silent, that any statememt he does may be used against him, and that he has the right to presenece of an attorney either retained or appointed

65

probable cause

a demostration of facts that permit a reasonalbe belief that a crime has been committed

66

nebraska press association v. stuart

court ruled that a nebraska judhes gag order had violated the first amendmemnt guarantee freedom of press

67

gideon v. wainwright

if a person is accused of felony and cannot afford an attorney, the attorne must be made available at governemtn expense

68

miranda v. arizona

police never inform right to miranda,

69

mapp. v ohio

court overturned the convintion possesion of obsecene material, pornography books

70

horton v. california

seized items not mentioned in the search warrant if they are in plain views

71

gree. v georgia

court ruled in favored of bifurcated process holding that the states legislative guidelines had removed the ability to of a jury to "wantoly and freakishly impose death penalty"

72

ring v. arizona

only juries not judge could impose death penalty

73

baze v. rees

lethal injection was constitutional

74

anti terrorism and effective death penalty act of 1996

limits access to the federal court for defendant convicted in state courts, imposes a severe time limit on death row

75

amendment 4

no unreasonable or unwanted searches and seizures
no arrest exceept probble cause

76

amendment 5

no illegal interrogaton/ coerces confessions
remain sient ,
compulsory self incrmination
no double jeopardy

77

amendment 7

speedy and public trial
adequate counsel
arraignment

78

amendment 6

court procedures

79

amendment 8

bail cruel and unusual punishment

80

civil law

the law regulating conduct between private persons over non criminal maters including contracts , domestic relations and business interactions

81

majority

the age at which a person is entitled by law to the right to manage her or his own afffairs

82

necessaries

things necessary for existence

83

common law

judge made law that originated in england from decisions shaped according to prevailing customs

84

roper v simmons

16-17 years old dont have a fully developed sense of right or wrong

85

article 3

...

86

graham v florida

juveniles who creat a crime and no one is killed may not be sentence in life in prison