CH 6

Question 1

In forma pauperis

Answer 1

Literally in the manner of a pauper.
a request for permission of the court for a poor person to seek judicial relief without having to pay the usual court fees

Question 2

Original intention

Answer 2

The doctrine which holds that judges should interpret the Constitution in accordance with the intent of the framers

Question 3

Interpretivism

Answer 3

The doctrine should decide new constitutional issues in light of the underlying constitutional principles as well as a literal vision

Question 4

Non-interpretivism

Answer 4

The doctrine that the Constitution should be interpreted according to evolving standards of decency and justice and not frozen in time or meaning

Question 5

Separation of powers

Answer 5

The constitution of arrangement whereby legislative executive and judicial powers are exercised by three separate and distinct branches of government

Question 6

Executive privilege

Answer 6

The doctrine that permits the president to withhold information stop by Congress or the courts

Question 7

Due process

Answer 7

A term used in the fifth and 14th amendments to refer to the process that government may be private person of life liberty or property

Question 8

Procedural due process

Answer 8

The theory of due process which stresses by the book adherence to the predetermined rules of behavior that government must observe

Question 9

Substantive due process

Answer 9

A theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness

Question 10

Incorporation

Answer 10

The theory that the bill of rights has been incorporated or absorbed into the due process clause of the 14th amendment thereby making it applicable to the states

Question 11

Total incorporation

Answer 11

The doctrine that all of the federal bill of rights should be absorbed into the due process clause of the 14th amendment and made applicable to the states

Question 12

Selective incorporation

Answer 12

As opposed to total incorporation the doctrine that only those parts of the bill of rights deemed fundamental are incorporated into the due process clause of the 14th amendment

Question 13

Suspect classification

Answer 13

Classification of persons such as by race to which the Supreme Court apply Strict judicial scrutiny and for which government must offer compelling reasons to justify its use

Question 14

Prior restraint

Answer 14

The censoring of material by the government before it is published rather than penalizing the publisher after publication