exam 2 Flashcards

1
Q

published/ reported opinion

A

courts designate certain opinions to be published because they think that the topic it addresses is important enough to rely on and the matter of law needs to be answered. The supreme court published mostly all of the opinions.

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2
Q

unpublished. unreported opinion

A

Although these opinions can be helpful in guiding research you are not suppose to rely on or cite them

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3
Q

motion to set aside

A

a motion that asks the judge to set aside/ nullify a judgement, request to overturn or set aside a courts judgement or verdict, or other final rulings in a case. The party making the motion must specify mistakes, legal errors, or other factors of the first trial that justify the party’s redress.

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4
Q

Selective prosecution

A

The enforcement or prosecution of criminal laws against a particular class of persons and failure to administer criminal laws against others outside the targeted class. This violates the equal protection clause of the 14th amendment if a defendant is singled out for prosecution when others in a similar situation have not been prosecuted. Prosecutor motivated by a discriminatory purpose.

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5
Q

Motion to suppress

A

A request made by the defendant in a criminal trial that the court refuse to allow a particular piece of evidence to be admitted at trail because that evidence was obtained illegally or in violation of the defendants rights

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6
Q

Relief

A

The redress, benefit given by a court to an individual who brings a legal action, could include return of property wrongfully taken by another compensation for an injury in the form of damages or enforcement of a contract

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7
Q

oral arguments

A

spoken to a judge or appellate court in defense of a clients case or in rebuttal of the opposing party. Given by the attorney.

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8
Q

briefs

A

a summary of the important points. written document drawn up to:

  1. issues of a lawsuit
  2. facts that bring the parties to court
  3. relevant laws that can affect the subject of the dispute
  4. arguments that explain how the law applies to the particular facts so that the case will be decided in that partys favor
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9
Q

abuse of discretion

A

a failure to take into proper consideration the facts and law relating to a particular matter. occurs when a judge:

  1. fails to consider relevant factors
  2. gives considerable weight to irrelevant factors
  3. makes an error in judgement
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10
Q

appellant

A

the person asking to a superior court to review the decision because they are dissatisfied with the judgment rendered in a lawsuit decided in a lower court

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11
Q

appellee

A

won at the trial court level, but the loser (appellant) has appealed the decision to a higher court. Also called the respondent

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12
Q

curtilage

A

the area, usually enclosed, encompassing the grounds and buildings surrounding a home that is used in the daily activities of domestic life

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13
Q

strict scrutiny/ compelling government interest

A

classifications based on race or national origin receive strict scrutiny which means that they are unconstitutional unless they serve a compelling government interest.

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14
Q

Heightened scrutiny/ important government interest

A

classifications based on sex would receive heightened scrutiny, a state would have to prove that a law treated men differently from women served an important public goal.

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15
Q

minimum scrutiny/ presumed constitutional

A

court would apply minimum scrutiny to sex based classification which would make them presumably constitutional.

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16
Q

judicial restraint

A

more power in the hands of legislators and executives and less power in the hands of judges. supporters are concerned about who makes public policy

17
Q

constrained court

A

because of the existing constraints imposed upon the court by the united states constitution and congress the court is unable to accomplish significant change because:

  1. constitutional rights are limited
  2. courts lack independence from the elected branches of government
  3. courts are ill equipped to make and implement public policy
18
Q

judicial activism

A

courts should make public policy and that courts can do so effectively. Courts should use their power not just to decide cases but to serve the cause of human dignity by expanding equality and personal freedom. Respond to pressing social needs.

19
Q

dynamic court

A

courts can effect social reform when the elected branches of government refuse to do so because judges do not face the voters at frequent intervals. a party does not need to have economic and political power to win because the majority will not be able to vote the judges out of office

20
Q

easy cases

A

most of the cases that state and federal courts decide are easy which means that the facts and the law dictate one correct result

21
Q

legislate from the bench

A

a judge whose rulings are more based on their personal feelings of what should be rather than basing their decisions on interpretation and application of the law

22
Q

right to privacy

A

protects the most personal details of someone’s life. ex: family affairs
Griswold v. Connecticut = struck down state laws that had made the use of birth control by married couples illegal

23
Q

consent decree

A

an agreement or settlement that resolve a dispute between two parties without admission of guilt or liability. The two parties ask to enter into their agreement and the court maintains supervision over the implementation of the decree

24
Q

right to treatment

A

doctors do not have the right to touch or treat a patient without that patients approval because the patients is the one who must live with the consequences and deal with any discomfort caused by treatment

25
Q

Title IX (1972 Educational Amendment Civil Rights Act)

A

No person in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial existence.