judicial branch vocab quiz

Question 0

affirmative action

Answer 0

an action or policy favoring minorities and those who suffer from discrimination in the areas of employment and education (see: reverse discrimination)

Question 1

activist approach

Answer 1

the idea that judges should amplify the vague language of the constitution on the basis of their moral/economic philosophies and apply to their cases

Question 2

amicus curiae

Answer 2

a Latin phrase meaning “a friend of the court”, one who has interest in a case but is not directly involved can present arguments in favor of one side

Question 3

appellate jurisdiction

Answer 3

the scope of authority by which a higher court reviews that case belonging to a lower court

Question 4

brief

Answer 4

a legal document prepared by an attorney representing a party before a court

Question 5

civil law

Answer 5

a law that governs relationships between individuals and defines their legal rights

Question 6

civil liberties

Answer 6

freedoms to think/act without government interference or fear of unfair legal treatment

Question 7

civil rights

Answer 7

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

Question 8

class action suit

Answer 8

a means by which one who has been injured can bring a suit on behalf of others similarly situated

Question 9

clear and present danger (test)

Answer 9

law should not punish speech (protected by the first amendment) unless there is clear and present danger of producing harmful actions

Question 10

concurring opinion

Answer 10

a Supreme Court by one or more justices who agree with the majority’s conclusion but for different reasons

Question 11

constitutional court

Answer 11

a court established under article iii of the constitution

Question 12

criminal law

Answer 12

the body of rules defining offenses that are considered to be offenses against society as a whole

Question 13

de facto segregation

Answer 13

segregation that occurs by fact (or by choice) and is not required by law

Question 14

de jure segregation

Answer 14

segregation that is required by the government

Question 15

diversity cases

Answer 15

litigation in which a citizen of one state sues a citizen of another state and the amount of money in dispute is greater than $50k

Question 16

due-process clause

Answer 16

prohibits the national government (5th amendment) and state governments (14th amendment) from depriving any person of life, liberty, or property without due process of law

Question 17

equal protection clause

Answer 17

a portion of the 14th amendment that requires the government to provide equal protection for all persons under the law (commonly used to fight discrimination)

Question 18

exclusionary rule

Answer 18

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial

Question 19

fee shifting

Answer 19

the practice authorized by statutes under which the plaintiff can collect costs from the defendant in the case that the latter loses

Question 20

free exercise clause

Answer 20

provision of the first amendment that states congress may not prohibit the free exercise of religion

Question 21

establishment clause

Answer 21

provision of the first amendment that prohibits congress from establishing an official state religion (separation of church and state)

Question 22

good faith exception

Answer 22

an error in gathering evidence that is significantly minor and may still be used in trial

Question 23

inevitable discovery

Answer 23

exception to the exclusionary rule that allows the use of illegally obtained evidence to be used in a trial if the court rules that the evidence would have been found eventually by legal means

Question 24

in forma pauperis

Answer 24

a procedure by which a poor person can file and be heard in court as a pauper, free of charge

Question 25

intermediate scrutiny

Answer 25

the test used by the Supreme Court in gender discrimination cases, places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

Question 26

judicial review

Answer 26

the power of the courts to determine the constitutionality of legislative and executive acts

Question 27

libel

Answer 27

a written statement that unfairly or falsely harms the reputation of the person about whom it is made

Question 28

litmus test

Answer 28

a way of finding out a person’s views on a controversial question

Question 29

police powers

Answer 29

powers that allow states to pass laws protecting the health, welfare, security and morals of their residents

Question 30

political question

Answer 30

an issue the court refuses to consider, believing the constitution intends for it to be handled by another branch

Question 31

probable cause

Answer 31

the situation when the police have reason to believe they need to arrest a person. they can search for and seize incriminating evidence

Question 32

public safety exception

Answer 32

the police can question and un-mirandized suspect if there is an urgent concern for public safety

Question 33

rational basis

Answer 33

the law is constitutional so long as it is “reasonably related” to a “legitimate” government interest

Question 34

reverse discrimination

Answer 34

using race or gender to give preferential treatment to some people

Question 35

search warrant

Answer 35

a judge’s order authorizing a search

Question 36

selective incorporation

Answer 36

applying the bill of rights to the states on a case by case basis

Question 37

solicitor general

Answer 37

an individual who represents the federal government in the Supreme Court

Question 38

standing

Answer 38

a requirement that must be satisfied before a plaintiff can have a case heard on its merits

Question 39

stare decisis

Answer 39

“let the decision stand”, or allowing prior rulings to control the current case

Question 40

strict constructionist

Answer 40

the idea that judges should confine themselves to applying only the rules clearly stated or implied by the constitution

Question 41

strict scrutiny

Answer 41

the criteria used by the Supreme Court in racial discrimination cases and other cases involving civil rights/liberties; places the burden of proof on the government rather than the challengers to show that a law is unconstitutional

Question 42

symbolic speech

Answer 42

an act that conveys a political statement/message. protected under the first amendment

Question 43

wall of separation

Answer 43

court ruling that government cannot be involved with religion

Question 44

writ of certiorari

Answer 44

an order by a higher court directing a lower court to send up a case for review