Judges who serve on these courts have fixed terms and lack the protections of constitutional court judges. The Supreme Court has interpreted this to forbid governmental support to any or all religions. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. Police powers — Inherent powers of state governments to pass laws to protect the public health, safety, and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers. Standing to Sue The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government. The pinnacle of the american judicial system.
Community policing — Assigning police to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities. It concerns disputes between two parties and consists of both statutes and common law. Exclusionary rule — Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial. Judicial Review The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U. Federal Question Cases The subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.
Solicitor General A president appointee and the third-ranking office in the Department of Justice. Indictment — A formal written statement from a grand jury charging an individual with an offense; also called a true bill. Racial profiling — Police targeting of racial minorities as potential suspects of criminal activities. Procedural due process — Constitutional requirement that governments proceed by proper methods; limits how government may exercise power. The solicitor general is in charge of the appellate court litigation of the federal government.
Substantive due process - Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do. Rule of Four A Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts it controls its own agenda. District Courts The 91 federal courts of original jurisdiction. Eminent domain — Power of a government to take private property for public use; the U. Original Jurisdiction The jurisdiction of courts that hear a case first, usually in a trial.
Dual Sovereignty Dual sovereignty is a concept in American constitutional that both the State governments and the federal governments are sovereign. Terms : 21082570 Writ of habeas corpus A court order requiring explanation to a judge why a prisoner is being held in custody. An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve. Political Question A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress. Class Action Suits Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated. These briefs attempt to influence a court's decision. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator, if the senator belongs to the president's party.
. Original Intent A view that the Constitution should be interpreted according to the original intent of the framers. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid. Regulatory taking — Government regulation of property so extensive that government is deemed to have taken the property by the power of eminent domain, for which it must compensate the property owners. Writ of Certiorari A formal document issued from the Supreme Court to a lower federal or state court that calls up a case.
Judicial Implementation How and whether court decisions are translated into actual policy, affecting the behavior of others. Legislative Courts Courts established by Congress for specialized purposes, such as the Court of Military Appeals. Contract clause — Clause of the Constitution Article I, Section 10 originally intended to prohibit state governments from modifying contracts made between individuals; for a while interpreted as prohibiting state governments from taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state governments from exercising their police powers. Double jeopardy — Trial or punishment for the same crime by the same government; forbidden by the Constitution. Common Law The accumulation of judicial decisions applied in civil law disputes. Dual court system refers to the separate Federal and State. Judicial Activism Describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Plea bargain — Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for more serious offense. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment. Public Defender he term public defender is primarily used to refer to a lawyer appointed to represent people who cannot afford to hire an attorney in the United States and Brazil. Civil Law The body of law involving cases without a charge of criminality. Petit jury — A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.