Ch 14-16 Definitions Flashcards
Judicial Review
The power to declare a congressional, and presidential acts invalid because they violate the Constitution.
Supremacy Clause
Obligated state judges to follow the Constitution, national laws, and treaties when a state law conflicts with them. The Supreme Court has the final authority on the interpretation of the Constitution
Criminal Cases
Court cases involving a crime, or a violation of public order. Largely a local function.
Civil Cases
Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce
Plea-bargain
A defendant admission of guilt in exchange for a less severe punishment
Adjudication
A court judgment resolving claims and enforced by the government
Common (judge made) Law
Legal precedents derived from previous judicial decisions
Federal courts are organized and three tiers
- Lowest– US District Court’s: where litigation begins
- Middle – US courts of appeals: where decisions of the district courts and federal agencies may be appealed for review
- Top- Supreme Court of the US: an appellate court; with a few exceptions, they review only cases that have already been decided in lower courts
Precedent
A judicial ruling that serves as the basis for the ruling in a subsequent case
Stare Decis
Literally, “let the decision stand” decision making according to precedent
Original Jurisdiction
Authority of a court to hear a case before any other court does
Appellate Jurisdiction
The authority of a court to hear cases that have been tried, and decided, or re-examined and other courts
Federal Question
An issue covered by the US Constitution, national laws, or US treaties
Docket
A court’s agenda
Rule of Four
An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the US Supreme Court
Solicitor General
The third highest official of the US Department of Justice, and the one who represents the national government before the Supreme Court
Amicus Curiae Brief
A brief filed, with the permission of the court, by an individual or group that is not a party to a legal action but has an interest in it
Judicial Restraint
A judicial philosophy by which judges tend to defer to decisions of the elected the branches of government
Judicial Activism
A judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions
Argument
The heart of a judicial opinion; it’s logical content separated from facts, rhetorical, and procedure
Concurrence
The agreement of a judge with the Supreme Court’s majority decision, for a reason other then the majority reason
Dissent
The disagreement of a judge was a majority decision
Certiorari
A writ or order by which a higher court reviews a decision of a lower court
Senatorial Courtesy
A norm under which a nomination must be acceptable to the home state senator from the presidents party
Class Action
A procedure by which similarly situated litigants may be heard in a lawsuit
Civil Liberties
Also known as negative rights. Freedoms guaranteed to individuals taking the form of restraint on government, i.e. cannot impose religion on citizens in the form of public school
Civil Rights
Also known as positive rights. Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals. What the government must do/provide.
Establishment Clause
The first clause in the first amendment, forbids government establishment of religion
Free-exercise Clause
Second clause in the first amendment, which prevents the government from interfering with the exercise of religion
Strict Scrutiny
A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must; 1)is justified by a compelling government interest 2)is narrowly tailored to achieve a legitimate goal 3)is the least restrictive means for achieving that interest
Free-expression Clause
The press and speech clauses of the First Amendment and right to peaceably assemble and petition the government
Prior Restraint
Censorship before publication
Clear and Present Danger Test
A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protect
Fighting Words
Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace
Public Figures
People who assume rules of prominent in society or thrust themselves to the forefront of public controversy
The Lemon Test – Lemon vs. Kurtzman 1971
- They must have a secular purpose, i.e. lending books
- Their primary effect must not be to advanced or inhibit religion
- They must not entangle the government excessively with religion
Bill of Attainder
Laws that pronounce an individual guilty of a crime without a trial
Ex Post Facto Laws
Laws that declare an action to be criminal after it has been performed
Obligation of Contracts
The obligation of the parties to a contract to carry out its terms
The 14th Amendment
Addresses citizenship rights and equal protection of the laws.
• incorporation of applies the bill of rights to the states through the due process clause of the 14th amendment, and reverse incorporation, the equal projection clause of the 14th amendment has been held to apply to the federal government through the due process clause located in the fifth amendment.
•Prior to the ratification of the 14th amendment and the incorporation doctrine, the Bill of Rights only applied to the federal, but not any state governments
Incorporation Doctrine
A constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the due process clause of the 14th amendment
• amendments applied to the states – one, two, four, five, six, eight, nine
Selective Incorporation
Ensure states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Maranda Warnings
Statements concerning rights the police are required to make to a person before he or she is subjected to in custody questioning
Exclusionary Rule
The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial
Good Faith Exception
An exception to the Supreme Court exclusionary rule, holding that I evidence seized on the basis of a mistakenly issued search warrant can be introduced at the trial if the mistake was made in good faith, that is, if all parties involved had reason to believe that the warrant was proper at the time
The USA PATRIOT Act
Law that greatly expanded the ability of law-enforcement and intelligence agencies to tap phones, monitor Internet traffic and conduct forms of surveillance in pursuit of terrorists
Right to Privacy
Alluded to in one, three, four, five and ninth amendments. Refers to the concept that one’s personal information is protected from public scrutiny – the right to choose whether or not to engage in certain acts or experiences
Equality of Opportunity
The idea that each person is given the same opportunity to succeed in life
Equality of Outcome
The concept that society must ensure that people are equal, and government must design policies to redistribute wealth and status so that economic and social equality is actually achieved
Invidious Discrimination
Discrimination against persons or groups that works to their harm and based on animosity
Black Codes
Legislation and acted by former slave states to restrict the freedom of blocks
Jim Crow Laws
Mandated the segregation of blacks and whites
Poll Tax
A tax of one dollar or two dollars on every citizen who wish to vote. Used to attempt to bar blocks from voting
Desegregation
The ending of authorized segregation, or separation by race
Dejure
Government imposed to segregation
De facto
Segregation that is not the result of government influence
Separate-but-equal Doctrine
The concept of providing separate but equivalent facilities for blacks and whites satisfy the equal protection clause of the 14th amendment
Civil Right Movement
The mass mobilization during the 1960s that sought to gain equality of rights and opportunities for blacks in the south and to a lesser extent in the north, mainly through nonviolent, unconventional means of participation
Boycott
A refusal to do business with a firm, individual, or nation as an expression of disapproval or as a means of coercion
Civil Disobedience
The willful but nonviolent breach of unjust laws
The 24th Amendment
Abolished the poll tax for all federal elections
The Civil Right Act of 1964
Barred segregation in most public accommodations and outlawed discrimination based on race, color, religion, sex, or national origin
The Voting Right Act of 1965
Prohibits racial discrimination and voting
The Fair Houseing Act of 1968
Banned discrimination in the rental and sale of most housing
Set-a-sides
A purchasing or contracting provision that reserves a certain percentage of funds for minority owned contractors
Protectionism
The notion that women must be protected from life’s harsh realities/cruelties: until the 1970s, the basis for laws affecting women civil rights.
19th Amendment
Granted American women the right to vote in 1920
Title IX
Education amendment of 1972 prohibit sex discrimination and federally aided education programs
