U.S. Attorney – A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. Prior to the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights applied only to the federal government. After the amendment was passed, the Supreme Court began to rule that most of its provisions were equally applicable to states. Therefore, the court has the final say on when a right is constitutionally protected or when a constitutional right is violated. Probation – An alternative sentence to imprisonment, in which the court releases convicted defendants under supervision as long as certain conditions are met. Exculpatory evidence – evidence that tends to demonstrate the innocence of the accused. Bench trial – A trial without a jury, in which a judge decides the facts of the case. In a jury trial, the jury decides the facts. Defendants sometimes waive the right to a jury trial and choose to go to trial. Search warrant – Ordering that a specific place be searched for items that, if found, can be used as evidence in court.
Search warrants require a valid reason. Judge – A government official with the power to adjudicate claims in court. The bailiffs of the Supreme Court and the highest court of each state are called judges. Parties – plaintiffs and defendants (plaintiffs and defendants) of claims, also known as appellants and appellants, and their counsel. Record – A written report of all actions and proceedings in a dispute. Factum – A written statement submitted by each party`s lawyer in a case explaining to the judge(s) why they should decide the case (or a specific part of a case) in favour of that lawyer`s client. Jury pool – The group of people from which the actual jury is selected. The jury pool is randomly selected from a source such as voter registration banks. Lawyers in the case select actual jurors from the jury pool in a process called voir dire. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. «See to say» is an expression that means «to tell the truth». Over the years, various acts of Congress have changed the number of seats on the Supreme Court from a minimum of five to a maximum of 10.
Shortly after the civil war, the number of seats on the Court was set at nine. Today, there is one Chief Justice and eight Associate Justices of the Supreme Court of the United States. Like all federal judges, judges are appointed by the president and confirmed by the Senate. They usually hold their position for life. The salaries of judges may not be reduced during their term of office. These restrictions are intended to protect the independence of the judiciary from the political branches of government. Limitation period – A law that sets the time limit within which parties must take steps to enforce their rights. Chief Justice – The judge who has primary responsibility for the administration of a court. The President also decides on business, and the choice of Presidents is determined by seniority.
Impeachment – (1) The process of questioning something, as in «the accusation of witness testimony.» (2) The constitutional process by which the House of Representatives can «impeach» (charge) senior federal officials for trial by the Senate. Court – A governmental body empowered to settle disputes. Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» When the Supreme Court decides on a case, it usually decides the meaning of the laws, how they are applied and whether the Constitution is violated. The ability to decide whether a law violates the Constitution is called judicial review. It is this process that the judiciary uses to control the legislative and executive branches. Judicial review is not an express power of the courts, but an implied power. The Supreme Court ruled in 1803 in a case called Marbury v. Madison, which clearly expressed the court`s power of judicial review. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts.
The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Settlement – The parties to a dispute settle their dispute without dispute. Settlements often involve the payment of compensation by one party to satisfy the other party`s claims. Article III, section II, of the Constitution establishes the jurisdiction (legal capacity to hear a case) of the Supreme Court. The Court has jurisdiction at first instance (a case is heard by the Court) for certain cases, such as disputes between two or more States and/or cases involving ambassadors and other public ministers. The court has jurisdiction over almost all other cases involving a constitutional and/or federal question of law (the court may hear the case on appeal). Some examples are cases in which the United States is a contracting party, treaty cases, and cases involving ships on the high seas and on inland waterways (admiralty cases). First hearing – judicial proceedings in which the accused becomes aware of his rights and the charges against him and the judge decides on bail.
Plaintiff – The person who files the complaint in a civil action. Procedure – The rules for the conduct of a dispute; There are rules for civil, criminal, evidence, bankruptcy and appeal procedures. Expert opinion – A written statement by a judge about a court decision. In an appeal, several opinions can be written. The decision of the court emanates from the majority of the judges and forms the majority opinion.