Manuel Garibay Unit 9 Vocabulary Flashcards
Judicial Review
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.
Writ Of Habeas Corpus
Court order requiring explanation to a judge why a prisoner is being held in custody.
Original Jurisdiction
The authority of a court to hear a case “in the first instance.”
Appellate Jurisdiction
The authority of a court to review decisions made by a lower courts.
Grand Jury
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.
Court Of Appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts.
Judicial Self Restraint
Philosophy proposing that judges should interpret the Constitution to reflect hat the framers intended and what its words literally said.
Judicial Activism
Philosophy proposing that judges interpret the Constitution to reflect current conditions and values.
Writ Of Certiorari
A formal writ used to bring a case before the Supreme Court.
Dissenting Opinion
An opinion disagreeing with the majority in a Supreme Court ruling.
Concurring Opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Amicus Curiae
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.
Stare Decisis
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.
Due Process Clause
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.
Ex Post Facto Law
Retroactive criminal law that works to the disadvantage of an individual; forbidden in the Constitution.
Selective Incorporation
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.
Establishment Clause
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.
Free Exercise Clause
Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.
Clear And Present Danger Test
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.
Libel
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.
Sedition
Attempting to overthrow the government by force or to interrupt its activities by violence.
Obscenity
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.
Fighting Words
Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.
Commercial Speech
Advertisements and commercials for products and services; they receive less First Amendments protection, primarily to discourage false and misleading ads.
