11.9: Key Terms

appeal

a higher court’s review of a lower court’s decision to determine if an error of law caused the rendition of an improper judgment by the lower court

arraignment

the initial court hearing in which an arrested individual is informed of the specific criminal charges against them, bail is set, and the individual is appointed an attorney if they have not already secured one

authoritarian-populist judiciary

a system that has transitioned from a rule-of-law system to a rule-by-law authoritarian subsystem through changes instituted by one ruling person or political party

bail

court-determined conditions that must be met for an arrested individual to be released from jail, designed to ensure that the individual will appear for all hearings and the trial in a criminal case; may include fines or restrictions on activity

capital punishment

the imposition of the death penalty on persons convicted of specific crimes

civil law

a system of laws concerned with the peaceful resolution of disputes between individuals rather than with criminal conduct

civil law system

a legal system that relies heavily on codes of statutes, in which the judicial process is mainly investigatory rather than adversarial

common law system

a legal system that relies on precedent, in which the judicial process is adversarial

court case

a specific dispute about a law brought before a court; for a court to act, parties with standing who allege specific issues based on written laws must file a case

criminal law

a system of laws establishing minimum conduct of the individual and permitting the government to punish any person who violates such laws

customary law system

a legal system based on long-standing traditions in a particular community

due process

a legal requirement that the government respect the rights of the accused and take procedural steps to create a fair system of government action against the accused

evidence

the materials or statements a court can consider as the proof necessary for any alleged matter in a case

executive sovereignty system

a system in which the actions of a parliament or the executive cannot be reviewed for their constitutionality

felonies

serious crimes that carry more severe sentences than misdemeanor crimes

grand jury

a body of citizens that reviews evidence to determine if there is probable cause to charge a person with a felony

guilt beyond a reasonable doubt

the standard required to convict someone of a crime in a rule-of-law system

hybrid system

in government, a mixture of any two or more types of legal or judicial selection systems

issues

the questions to be answered in a court case; a court cannot decide anything other than the issues raised by the parties

judgment

the binding decision in a court case, issued as a legal document

judicial branch

the system of courts that interprets, defends, and applies the law in the name of the government; also called judicial system

judicial independence

the concept that the judicial branch is independent of undue influence or pressure from other branches of government, partisanship, or other interests and that it is free to interpret cases using certain principles or laws, such as the nation’s constitution, without fear of reprisal

judicial review

a process in which the judicial branch reviews actions by the other branches of government to ensure that they are following the country’s constitution and its principles

judicial system

the system of courts that interprets, defends, and applies the law in the name of the government; also called judicial branch

judiciary

the people who work in the judicial branch of a government; also used as a synonym for judicial branch

jurisdiction

the authority, in the form of a written constitution or a statute, that authorizes a court to hear a case; includes both the geographical region and the topics of the court’s authority

misdemeanors

minor criminal offenses that are often punishable by a fine

nullification

the willful refusal to obey or enforce a court order or statute

precedent

prior court decisions that provide guidance in a current case

probable cause

the amount of evidence required for the government to take specific actions against a defendant in a criminal investigation or case; determined on a case-by-case basis

procedural due process

the process, procedures, and rules that the government must follow when taking any legal action against an individual so that their rights under the constitution are protected

religious law system

a legal system that bases its laws on religious texts or beliefs

rule by law

describes political systems in which the judicial branch and the judiciary help impose the government’s approved viewpoint on the citizens; the judiciary has little independence and acts as a source of government control over individual citizens

rule of law

the principle that the government is one of law, not of any individual or group

social contract

a voluntary agreement whereby the people consent to abide by specific rules while living in a territory and the government of that territory consents to limit itself to acting in accordance with certain standards

sovereignty

the power of a governmental body to exercise authority by creating and imposing rules on people within the area it controls

standing

the status necessary for an individual or group to complain about a law before the court, created by a direct injury to that individual or group as a result of government action

substantive due process

the principle that due process applies not only to legal procedures but also to broader government actions, such as the passing of laws, and that such actions are subject to review to ensure that they do not infringe on individuals’ constitutional rights