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 belief
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
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, liberty, or property without due process of law.
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.
