Constitutional Law Vocab Flashcards
Abridge
So, if I abridge someone’s rights, I _____________ their rights in ____________. That’s why the constitution _____________ any _____________ of a person’s rights.
Diminish one’s rights in scope
limit; scope; prohibits; abridgement
Ad Hoc
“For this purpose only”
e.g. Ad Hoc representation: Representation by an attorney on an ad hoc basis (case by case basis).
–> Not every case is the same.
Affirm
to ratify; to confirm
Amicus Curiae
“Friend of the court”
non-party of case submits brief detailing it’s views on case.
Appellant
litigant (defendant) from lower court appealing decision based perceived error in legal procedure.
Appellate Jurisdiction
Authority/Jurisdiction an appellate court has to review lower court’s legal procedure.
Appellee
respondent (prosecution) that must report for appellate hearing.
As Applied Challenge
- Challenge to law
- Parties involved allege law doesn’t apply to facts and circumstances of party challenging law.
Common law
Body of law derived from court decisions, specifically legal precedent.
Interprets Constitutional provisions, statutes, and administrative regulations.
Covers any body of law not already covered by statutory law.
Concurrent Powers
Powers that can be exercised by Congress and state legislature on same subject matter.
De Facto
E.g. Forms of De Facto discrimination would be _______________.
“In fact”
racism
De Jure
E.g. Forms of De Jure discrimination would be ________________ __________.
“By Law”
segregation laws.
De Novo
“From the beginnings”
Appellate hearing not only evaluating law, but FACTS as well.
Dicta
Comment / expression made by judge that doesn’t resolve case, so it’s not legally binding.
(although, lower courts are free to use these comments as persuasive authority).
Dissenting Opinion
Opinion representative of judges who don’t agree with majority ruling.
Due Process of Law
14th Amendment Right (alongside Equal Protection Under the Law)
The government is prohibited from denying anyone of life, liberty, and property without due process of law.
Protects defendants from govt. abuses.
Equal Protection
14th Amendment Right
There shall be no law abridging one’s equal protection under the law.
Everyone, regardless of race, gender, class receives equal protection under the law.
Ex Post Facto
“After the Fact”
i.e. can’t punish someone for an act they committed before the act was considered criminal behavior.
Exigency
Need; Demand
Facial Challenge
Challenge to law
Alleges law is unconstitutional as applied to anyone in the United States, under any facts and circumstances.
Habeas Corpus
“You have the body”
Writ by incarcerated persons (defendants) questioning the legality of their (unlawful) detention.
Immunity
Free from legal obligations
Free of suffering legal penalties.
Indictment
- Charging document by (23 persons) Grand Jury
- States facts of the case, crimes charged, elements of offense charged.
- Meant to help defendant avoid overzealous prosecution.
Infringe
To actively break the terms of the law.
Jurisdiction
authority court has t o hear & decide a case.
Majority Opinion
Opinion representative of ultimate decision in made in favor of one party over another.
Nexus
Connection between 2 or more things.
Original Jurisdiction
Jurisdiction of Court where case starts.
Per Curiam
“For the Court”
Unsigned opinion representing majority in court.
Petition is ______________ to ______________ with ____________ to a particular _____________.
appealing; authority; respect; cause
Plurality Opinion
Appellate court opinion that doesn’t have enough support to be considered a majority opinion.
Precedent
Court decision that’ll be used in subsequent cases w/ same legal principles and facts.
Probable Cause
standard of proof officers are required to meet to make an arrest or search.
reason, based of the case, to believe a crime was committed, and the person being arrested either committed the crime or was in some way invovled with the commission of the crime.
Reverse
Cancel decision made in lower court.
If appellate court sends instructions back to lower court for new trial proceeding consistent w/ decision from appellate hearing, this is called a “remand.”
Stare Decisis
“Stand by the things decided” / “Let the decision Stand”
judges should defer to legal precedent as consistently as possible with cases of same legal principle and facts.
Statutory Law
Body of law derived from statutes made by state and federal legislatures.
Strict Constitutionalism
close / rigid reading of laws & consitutional provisions.
Subpoena
court order to witnesses testifying on defendant’s behalf to appear at certain time and location to give testimony.
failure to appear at trial could result in a fine, and contempt of the court.
Tribunal
Court of justice
Veto
Executive power (i.e. checks and balances)
Presidential power to reject proposal made by legislative body.
Writ of Certiorari
Order from Supreme Court to lower court to send up record of case for review.
order will not be issued unless rule of four is first followed.
Writ of Mandamus
writ from higher court to government / low ranking official to perform particular act which they’re obliged to do under law.
