Manuel Garibay Unit 9 Vocabulary

Question 1

Judicial Review

Answer 1

The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Question 2

Writ Of Habeas Corpus

Answer 2

Court order requiring explanation to a judge why a prisoner is being held in custody.

Question 3

Original Jurisdiction

Answer 3

The authority of a court to hear a case “in the first instance.”

Question 4

Appellate Jurisdiction

Answer 4

The authority of a court to review decisions made by a lower courts.

Question 5

Grand Jury

Answer 5

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

Question 6

Court Of Appeals

Answer 6

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

Question 7

Judicial Self Restraint

Answer 7

Philosophy proposing that judges should interpret the Constitution to reflect hat the framers intended and what its words literally said.

Question 8

Judicial Activism

Answer 8

Philosophy proposing that judges interpret the Constitution to reflect current conditions and values.

Question 9

Writ Of Certiorari

Answer 9

A formal writ used to bring a case before the Supreme Court.

Question 10

Dissenting Opinion

Answer 10

An opinion disagreeing with the majority in a Supreme Court ruling.

Question 11

Concurring Opinion

Answer 11

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Question 12

Amicus Curiae

Answer 12

Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Question 13

Stare Decisis

Answer 13

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as blinding on judges whenever the same question is presented.

Question 14

Due Process Clause

Answer 14

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving ant person of life, liberty, or property without due process of law.

Question 15

Ex Post Facto Law

Answer 15

Retroactive criminal law that works to the disadvantage of an individual; forbidden in the Constitution.

Question 16

Selective Incorporation

Answer 16

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local government.

Question 17

Establishment Clause

Answer 17

Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. It has been interpreted by the Supreme Court as forbidding governmental support to any or all religions.

Question 18

Free Exercise Clause

Answer 18

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Question 19

Clear And Present Danger Test

Answer 19

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Question 20

Libel

Answer 20

Written defamation of another person. Especially in the case of public officials and public figures, the constitutional test designed to restrict libel actions are very rigid.

Question 21

Sedition

Answer 21

Attempting to overthrow the government by force or to interrupt its activities by violence.

Question 22

Obscenity

Answer 22

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

Question 23

Fighting Words

Answer 23

Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.

Question 24

Commercial Speech

Answer 24

Advertisements and commercials for products and services; they receive less First Amendments protection, primarily to discourage false and misleading ads.

Question 25

Prior Restraint

Answer 25

Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.

Question 26

Eminent Domain

Answer 26

Power of a government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property so taken.

Question 27

Due Process

Answer 27

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

Question 28

Procedural Due Process

Answer 28

Constitution requirement that governments proceed by proper methods; places limits on how governmental power may be exercised.

Question 29

Substantive Due Process

Answer 29

Constitutional requirement that governments act reasonably and that substance of the law themselves be fair and reasonable; place limits on what a government may do.

Question 30

Exclusionary Rule

Answer 30

Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.

Question 31

Indictment

Answer 31

A formal written statement from a grand jury charging an individual with an offense; also called a true bill.

Question 32

Double Jeopardy

Answer 32

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

Question 33

Affirmative Action

Answer 33

Remedial action designed to overcome the effects of past discrimination against minorities and women

Question 34

Equal Protection Clause

Answer 34

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. By interpretation , the fifth Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.