Government By The People 17th ed: Ch. 16

On of the three branches form at the inception of the government to promote checks and balances.

A court of law is a neutral arena in which tow parties argue their differences and present their points of view before an impartial arbiter. May not be adequate to arrive at the truth, but it is the basis of our judicial system.

A dispute that grows out of an actual case and is capable of settlement by legal methods. Those constitutional disputes that are political are not justiciable.

A dispute that requires knowledge of a nonlegal character or the use of techniques not suitable for a court or that are explicitly addressed by the Constitutions to Congress or the president. Judges refuse to answer constitutional questions that they declare are political.

Lawsuit brought by a person or group of persons on behalf of all persons similarly situated. The class may consist of a few persons or thousands of persons. An one person against and airline , alleging overchanges on behalf of that person and all others charged the same price for the same kind of flight.

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.

The authority of a trial court to hear a case "in the 1st instance."

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

The jury for the trial of a civil or criminal action.

Authority to review decisions of lower courts, administrative tribunals, and some independent regulatory agencies.

Court order requiring explanation to a judge why a prisoner is held in custody.

In a civil action defending himself or herself against charges brought by the plaintiff; in a criminal action, the person charged w/ the offense.

Negotiations between prosecutor and defendant aimed at getting the defendant to plead guilty in return for the prosecutor's agreeing to reduce the seriousness of the crime for which the defendant will be convicted.

Represents the government before the Supreme Court. No appeal may be taken by the US to any appellate court w/ out the approval of the solicitor general.

A public official whose job is to provide legal assistance to those persons accused of crimes who are unable to hire their own attorneys.

Used by the Supreme Court to review decisions of lower courts, federal and state, that are w/ in the discretionary appellate jurisdiction of the Supreme Court. It is a formal device regularly used to bring a case up to the Court.

A brief filed by an individual or organization w/ the permission of the court. It provides arguments in addition to those presented by the immediate parties to the case.

An opinion in which a judge explains why he or she disagrees w/ the decision of the majority.

Powers the Constitution gives to both the national and state governments, such as the power to levy taxes.