Unit 5 Vocab

Question 1

Criminal Law

Answer 1

Laws that define crimes against the public order

Question 2

Civil Law

Answer 2

Laws that govern relations between people and their legal rights

Question 3

Precedent

Answer 3

A decision made by a higher court that binds the decisions of lower courts.

Question 4

Stare Decisis

Answer 4

Courts should follow precedents set by previous decisions when ruling on similar cases

Question 5

Original Jurisdiction

Answer 5

The authority of a court to hear a case for the first time

Question 6

Appellate Jurisdiction

Answer 6

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

Question 7

Justicable Dispute

Answer 7

A dispute that grows from a case/controversy and is capable of legal settlement.

Question 8

Adversary System

Answer 8

A judicial system, where the court is a neutral arena, and two parties argue their differences.

Question 9

Writ of Certiorari

Answer 9

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

Question 10

Amicus Curiae Brief

Answer 10

A brief filed by an outside party to present additional arguments to those presented

Question 11

Opinion of the Court

Answer 11

The opinion of the majority decision in a court

Question 12

Dissenting Opinion

Answer 12

An opinion by a Supreme Court justice that disagrees with the majority

Question 13

Concurring Opinion

Answer 13

An opinion by a Supreme Court justice that agrees with the majority for a different reason than the majority.

Question 14

Judicial Activist/Liberal

Answer 14

A loose interpretation of the Constitution to adapt it to modern issues

Question 15

Judicial Originalist/Conservative

Answer 15

A strict interpretation of the Constitution emphasizing its original meaning

Question 16

Senatorial Courtesy

Answer 16

Presidential custom where senators approve appointees the President nominates from their state.

Question 17

Borked

Answer 17

When a judicial appointee’s personal qualities are called into question during nomination

Question 18

Due Process Clause

Answer 18

5th Amendment guaranteeing fair treatment in the normal judicial system

Question 19

Procedural Due Process (Civil Rights)

Answer 19

Constitutional requirement that governments proceed by proper methods

Question 20

Substantive Due Process (Civil Liberties)

Answer 20

Constitutional requirement that laws do not infringe on fundamental rights

Question 21

Equal Protection Clause

Answer 21

14th Amendment clause that forbids any state to deny and person in its jurisdiction equal protection under the law.

Question 22

Eminent Domain

Answer 22

The power of a government to take private property for public use with just compensation

Question 23

Selective Incorporation

Answer 23

The process of applying the Bill of Rights to state & local governments via the 14th Amendment

Question 24

Search Warrant

Answer 24

A writ issued by a magistrate authorizing the police to search a person or place & seize items

Question 25

Implied Rights

Answer 25

Individual rights in the Constitution, but not explicitly stated; supported by the 9th Amendment

Question 26

Undue Burdens

Answer 26

A test to see if a restriction on a constitutional right is acceptable if it doesn't fully prevent the right

Question 27

Clear and Present Danger Test

Answer 27

1st Amendment interpretation that the government cannot interfere with speech unless it presents a clear/present danger (Schenk v. US)

Question 28

Establishment Clause

Answer 28

1st Amendment clause that prohibits "excessive" government involvement in religion

Question 29

Free Exercise Clause

Answer 29

1st Amendment clause that the government cannot overly burden the practice of religion

Question 30

Strict Scrutiny

Answer 30

a test to see if a discriminatory policy is justified by an important goal and is the least harmful way to achieve it