Constitutional Law Vocab

Question 1

Abridge

So, if I abridge someone’s rights, I _____________ their rights in ____________. That’s why the constitution _____________ any _____________ of a person’s rights.

Answer 1

Diminish one’s rights in scope

limit; scope; prohibits; abridgement

Question 2

Ad Hoc

Answer 2

“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.

Question 3

Affirm

Answer 3

to ratify; to confirm

Question 4

Amicus Curiae

Answer 4

“Friend of the court”

non-party of case submits brief detailing it’s views on case.

Question 5

Appellant

Answer 5

litigant (defendant) from lower court appealing decision based perceived error in legal procedure.

Question 6

Appellate Jurisdiction

Answer 6

Authority/Jurisdiction an appellate court has to review lower court’s legal procedure.

Question 7

Appellee

Answer 7

respondent (prosecution) that must report for appellate hearing.

Question 8

As Applied Challenge

Answer 8

• Challenge to law
• Parties involved allege law doesn’t apply to facts and circumstances of party challenging law.

Question 9

Common law

Answer 9

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.

Question 10

Concurrent Powers

Answer 10

Powers that can be exercised by Congress and state legislature on same subject matter.

Question 11

De Facto

E.g. Forms of De Facto discrimination would be _______________.

Answer 11

“In fact”

racism

Question 12

De Jure

E.g. Forms of De Jure discrimination would be ________________ __________.

Answer 12

“By Law”

segregation laws.

Question 13

De Novo

Answer 13

“From the beginnings”

Appellate hearing not only evaluating law, but FACTS as well.

Question 14

Dicta

Answer 14

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).

Question 15

Dissenting Opinion

Answer 15

Opinion representative of judges who don’t agree with majority ruling.

Question 16

Due Process of Law

Answer 16

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.

Question 17

Equal Protection

Answer 17

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.

Question 18

Ex Post Facto

Answer 18

“After the Fact”

i.e. can’t punish someone for an act they committed before the act was considered criminal behavior.

Question 19

Exigency

Answer 19

Need; Demand

Question 20

Facial Challenge

Answer 20

Challenge to law

Alleges law is unconstitutional as applied to anyone in the United States, under any facts and circumstances.

Question 21

Habeas Corpus

Answer 21

“You have the body”

Writ by incarcerated persons (defendants) questioning the legality of their (unlawful) detention.

Question 22

Immunity

Answer 22

Free from legal obligations

Free of suffering legal penalties.

Question 23

Indictment

Answer 23

• 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.

Question 24

Infringe

Answer 24

To actively break the terms of the law.

Question 25

Jurisdiction

Answer 25

authority court has t o hear & decide a case.

Question 26

Majority Opinion

Answer 26

Opinion representative of ultimate decision in made in favor of one party over another.

Question 27

Nexus

Answer 27

Connection between 2 or more things.

Question 28

Original Jurisdiction

Answer 28

Jurisdiction of Court where case starts.

Question 29

Per Curiam

Answer 29

“For the Court”

Unsigned opinion representing majority in court.

Question 30

Petition is ______________ to ______________ with ____________ to a particular _____________.

Answer 30

appealing; authority; respect; cause

Question 31

Plurality Opinion

Answer 31

Appellate court opinion that doesn’t have enough support to be considered a majority opinion.

Question 32

Precedent

Answer 32

Court decision that’ll be used in subsequent cases w/ same legal principles and facts.

Question 33

Probable Cause

Answer 33

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.

Question 34

Reverse

Answer 34

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.”

Question 35

Stare Decisis

Answer 35

“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.

Question 36

Statutory Law

Answer 36

Body of law derived from statutes made by state and federal legislatures.

Question 37

Strict Constitutionalism

Answer 37

close / rigid reading of laws & consitutional provisions.

Question 38

Subpoena

Answer 38

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.

Question 39

Tribunal

Answer 39

Court of justice

Question 40

Veto

Answer 40

Executive power (i.e. checks and balances)

Presidential power to reject proposal made by legislative body.

Question 41

Writ of Certiorari

Answer 41

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.

Question 42

Writ of Mandamus

Answer 42

writ from higher court to government / low ranking official to perform particular act which they’re obliged to do under law.