Unit 5 Vocab Flashcards
Criminal law
A law that defines crimes against the public order.
Civil law
A law that governs relationships between individuals and defines their legal rights.
Precedent
A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
Stare decisis
The rule of precedent whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
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 lower courts.
Justiciable dispute
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
Adversary system
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
Writ of certiorari
A formal writ used to bring a case before the Supreme Court.
Amicus curiae brief
Literally a “friend of the court” brief (expert who is not related to the case itself but helps)
Opinion of the Court
An explanation of the decision of the Supreme Court or any other appellate court.
Dissenting opinion
An opinion disagreeing with a 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.
Judicial Liberal (Activist)
Constitutional interpretation where basic constitutional principles are understood in the context of present day society.
Judicial Conservative (Originalist)
Constitutional interpretation where importance is placed on the text as it would be understood by the authors of the text.
Senatorial courtesy
Presidential custom of submitting the names of perspective appointees for approval to senators from the states in which the appointees are to work.
Borked
When a judicial appointee’s personal qualities are called into question during the nomination process.
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 any person of life and liberty
Procedural due process (Civil Rights)
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
Substantive due process (Civil Liberties)
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do.
Equal protection clause
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.
Eminent domain
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.
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 governments.
Search warrant
A writ issued by a magistrate that authorizes the police to search a particular place or person specifying the place to be searched and the objects to be seized.
Implied Rights
Individual rights contained in the Constitution but are not explicitly stated; supported by 9th Amendment
Undue Burdens
A test determining if a restriction against a constitutional right is allowed if the restriction does not effectively prevent the right from being exercised
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.
Establishment clause
Part of the 1st amendment that prohibits excessive government involvement in religion
Free Exercise clause
Part of the 1st amendment that prohibits government from overly burdening the practice of religion
Strict Scrutiny
A test determining if a discriminatory policy is permissible as long as the policy serves a compelling interest by the narrowest means possible.
