judicial branch vocab quiz Flashcards
affirmative action
an action or policy favoring minorities and those who suffer from discrimination in the areas of employment and education (see: reverse discrimination)
activist approach
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
amicus curiae
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
appellate jurisdiction
the scope of authority by which a higher court reviews that case belonging to a lower court
brief
a legal document prepared by an attorney representing a party before a court
civil law
a law that governs relationships between individuals and defines their legal rights
civil liberties
freedoms to think/act without government interference or fear of unfair legal treatment
civil rights
policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals
class action suit
a means by which one who has been injured can bring a suit on behalf of others similarly situated
clear and present danger (test)
law should not punish speech (protected by the first amendment) unless there is clear and present danger of producing harmful actions
concurring opinion
a Supreme Court by one or more justices who agree with the majority’s conclusion but for different reasons
constitutional court
a court established under article iii of the constitution
criminal law
the body of rules defining offenses that are considered to be offenses against society as a whole
de facto segregation
segregation that occurs by fact (or by choice) and is not required by law
de jure segregation
segregation that is required by the government
diversity cases
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
due-process clause
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
equal protection clause
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)
exclusionary rule
Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial
fee shifting
the practice authorized by statutes under which the plaintiff can collect costs from the defendant in the case that the latter loses
free exercise clause
provision of the first amendment that states congress may not prohibit the free exercise of religion
establishment clause
provision of the first amendment that prohibits congress from establishing an official state religion (separation of church and state)
good faith exception
an error in gathering evidence that is significantly minor and may still be used in trial
inevitable discovery
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
in forma pauperis
a procedure by which a poor person can file and be heard in court as a pauper, free of charge
intermediate scrutiny
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
judicial review
the power of the courts to determine the constitutionality of legislative and executive acts
libel
a written statement that unfairly or falsely harms the reputation of the person about whom it is made
litmus test
a way of finding out a person’s views on a controversial question
police powers
powers that allow states to pass laws protecting the health, welfare, security and morals of their residents
political question
an issue the court refuses to consider, believing the constitution intends for it to be handled by another branch
probable cause
the situation when the police have reason to believe they need to arrest a person. they can search for and seize incriminating evidence
public safety exception
the police can question and un-mirandized suspect if there is an urgent concern for public safety
rational basis
the law is constitutional so long as it is “reasonably related” to a “legitimate” government interest
reverse discrimination
using race or gender to give preferential treatment to some people
search warrant
a judge’s order authorizing a search
selective incorporation
applying the bill of rights to the states on a case by case basis
solicitor general
an individual who represents the federal government in the Supreme Court
standing
a requirement that must be satisfied before a plaintiff can have a case heard on its merits
stare decisis
“let the decision stand”, or allowing prior rulings to control the current case
strict constructionist
the idea that judges should confine themselves to applying only the rules clearly stated or implied by the constitution
strict scrutiny
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
symbolic speech
an act that conveys a political statement/message. protected under the first amendment
wall of separation
court ruling that government cannot be involved with religion
writ of certiorari
an order by a higher court directing a lower court to send up a case for review
