Criminal Law the branch of law that regulates the conduct of individuals defines crimes and specifies punishment for criminal acts Plaintiff the individual or organization that brings a complaint in court Defendant the one against whom a complaint is brought in a criminal or civil case Civil Law the branch of law that deals with disputes that do not involve criminal penalties Precedent prior case whose principles are used by judges as the basis for their decision in a present case Stare Decisis let the decision stand the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled Trial Court the first court to hear a criminal or civil case Court of Appeals a court that hears appeals of trial court decisions Supreme Court the highest court in a particular state or in the United States This court primarily serves an appellate function Plea Bargain a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing Jurisdiction The sphere of a court s power and authority Due Process of Law the right of every citizen against arbitrary action by national or state governments Writ of Habeas Corpus a court order that the individual in custody be brought into court and shown the cause for detention Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion Original Jurisdiction the authority to initially consider a case Distinguished from appellate jurisdiction which is the authority to hear appeals from a lower court s decision Chief Justice justice on the Supreme Court who presides over the Court s public sessions and whose official title is chief justice of the United States Senatorial Courtesy the practice whereby the president before formally nominating a person for a federal judgeship seeks the indication that senators from the candidate s own state support the nomination Judicial Review the power of the courts to review and if necessary declare actions of the legislative and executive branches invalid or unconstitutional The Supreme Court asserted this power in Marbury v Madison Supremacy Clause Article VI of the Constitution which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision Common Law law made through court precedent rather than legislative enactments Standing the right of an individual or organization to initiate a court case on the basis of their having a substantial stake in the outcome Mootness a criterion used by courts to screen cases that no longer require resolution Writ of Certiorari a decision of at least four of the nine Supreme Court justices to review a decision of a lower court certiorari is Latin for to make more certain Solicitor General the top government lawyer in all cases before the Supreme Court where the government is a party Per Curiam a brief unsigned decision by an appellate court usually rejecting a petition to review the decision of a lower court Amicus Curiae friend of the court individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs Briefs written documents in which attorneys explain using case precedents why the court should find in favor of their client Oral Argument the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices Opinion the written explanation of the Supreme Court s decision in a particular case Dissenting Opinion a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case Judicial Restraint judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document s meaning Judicial Activism judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions Class Action Suit a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest According to the authors the Court s most important decisions were those that protected the freedoms of those whose beliefs or race made them unpopular Why did Congress confer on federal courts the authority to issue writs of habeas corpus distrust of southern courts after the Civil War To win Senate confirmation judicial nominees usually need to have support from the state s senior senator in the president s party The modern Supreme Court has nine members because Congress set the size of the Court at nine members Judicial review was established in the case of Marbury v Madison Today s Supreme Court can best be described as ideologically conservative The member of the justice department who handles all Supreme Court appeals for the U S government is the solicitor general Justices who agree with the majority decision but disagree with the legal reasoning will likely file a concurring opinion The three steps in the Supreme Court s procedures are in order preparing briefs giving oral argument making and writing opinions U S circuit court decisions are made by a panel of three judges Justices who disagree with the majority decision of the Court may choose to publicize the character of their disagreement in the form of a dissenting opinion Which of the following concepts is the least related to the other concepts judicial review The doctrine of stare decisis applies only to criminal law The U S Supreme Court is made up of one chief justice and associate justices eight If you were an outside interest group and wanted to influence the Supreme Court s ruling on a case it will hear next month what action would have the most influence filing an amicus curiae brief More than percent of all court cases in the United States are heard in courts 99 state Which of the following is not a case in which the federal courts would have jurisdiction a case involving burglary of a house Dr Jane Doe delivered a baby in a hospital while intoxicated The baby died during delivery and the parents sued the doctor What kind of case would that be tort case The country is