Unit d additional vocab terms Flashcards
What is a writ of certiorari?
order from a higher court to a lower court demanding the record of a particular case
What is the dual court system?+iits significance
The system of federal and state courts each handles different types of cases.
-lower courts were established by Congress, NOT the Constitution
an example of federalism
what cases do federal courts hear? what cases do state courts hear?
Federal courts deal with issues related to federal laws, disputes between states, or cases involving foreign governments.
State courts handle cases that deal with state laws, like family disputes, traffic violations, and robberies.
what are statutes and why are they unique?
statutes are laws passed SPECIFICALLY by a legislative body, not from the constitution, executive order, or govt. regulations.
What is common law and why is it significant?
Common law is a system of law based on court decisions rather than written laws or statutes. It evolves over time as judges make rulings in cases, and future decisions are influenced by past ones. (precedent/.stare decisis, SELECTIVE ONCORPORATION)
- This enables the law to adapt to new situations.
what are litigants and litigators?
litigants are the parties involved in a lawsuit.
litigators are lawyers
What is litigation and what does it involve?
the process of taking legal action or resolving disputes in court. It involves parties (individuals or groups) arguing their case before a judge or jury t
What does standing to sue mean and what is its significance?
a person has a sufficient connection to and harm from the law or action challenged to support that person’s participation in the case.
-you must be DIRECTLY affected by the issue to file a lawsuit
what is the rule of 4?
in the supreme court, at least 4 justices must agree that a case warrants consideration before it is reviewed
What is the difference between justiciable and political questions?
justiciable questions are based on the CONSITUTION, while political questions are based on policy and ARE CONSTITUTIONAL. Politcal questions must be dealt with by the legislative or executive branches.
what is an amicus curiae brief?
a brief filed with the permission of the court by a person who is not a party to the case but has an interest in it.
What is strict construction?
strict construction is a constitutional interpretation in which the federal government has very limited powers because the government must ONLY DO WHAT THE CONSTITUTION EXPLIICITLY SAYS IT CAN DO ( formal powers)
hat is loose construction+significance?
the cosntitutiion goves the federal government broad powers to do what is NECESSARY AND PROPER (as guaranteed by the elastic clause). This means that the government can do what is good for the country EVEN IF THE CONSTITUTION DOESN’T EXPLICITLY ALLOW IT.
what foundational document favored loose construction and why?
federalist 70 by Alexander Hamilton, because it discusses the importance of having an energetic executive that can act as needed. Loose construction gives the president more freedom to enact policy initiatives that may violate the explicit text of the constitution, but are allowable by the elastic clause.
What does the term original intent mean in terms of constitutional interpretation?
original intent is trying to understand and apply what the framers of the Constitution or authors of any law meant when they wrote it.
what is textualism in terms of constitutional interpretation?+significance
interpreting the constitution based on what is originally written.
-it is significant because it allows some flexibility as the meaning of words change over time.
what does living constitution mean in terms of constitutional interpretation?
suggests the Constitution has a dynamic meaning that can adapt to modern circumstances without being formally amended. This treats the constitution more like a framework for democracy, and enables it to change to the will of the people.
what clauses does the 14th amendment contain?
citizen clause, due process clause, and equal protection clause.
what is the equal pay act of 1963?
rquired equal pay for substantially equal work among all sexes and races
what was the equal rights amendment?
a proposed and failed amendment aiming to garuntee equal legal rights regardless of sex.
what is title 7 of the civil rights act of 1964
this law prohibits race and sex discrimination in the workplace
What is the American disabilities act of 1990?
a unfunded mandate that required states to fund accommodations for individuals with special needs. These included that all public building must be accessible and there can be no discrimination in employment, public service, transportation, and telecommunications.
What protections are included in the fourth amendment?
Protection against unreasonable searches and seizures: This means the government can’t search you, your home, or your belongings without a good reason.
Requirement for a warrant: To conduct a search, law enforcement usually needs a warrant, which is a document issued by a judge.
Probable cause: To get that warrant, they need to show probable cause, meaning they have a good reason to believe a crime has been committed.
What protections are included inthe 5th amendment?
5th Amendment Protections:
Protection against self-incrimination: You have the right to remain silent and not testify against yourself. (miranda rights)
Double jeopardy: You can’t be tried twice for the same crime.
Due process: The government must follow fair procedures before depriving you of life, liberty, or property.
what protections are included in the 6th amendment?
6th Amendment Protections:
Right to a speedy and public trial: You shouldn’t have to wait forever for your trial, and it should be open to the public.
Right to an impartial jury: Your case should be decided by a fair and unbiased jury.
Right to be informed of charges: You need to know what you’re being accused of. (writ of habeas corpus)
Right to confront witnesses: You can cross-examine witnesses who testify against you.
what are time place and manner restrictions?
the government can’t prohibit the content of your speech, but can use time, place, and manner restrictions to prevent it.
What is expressive association?
joining a group is a protected form of expression
What AP gov principles are associated with Letter from a Birmingham Jail?
-social movements
-interest groups
- people must take action against unjust laws (civil disobedience)
what are the 3 main principles argued in federalist 78 by Alexander hamilton?
-judicial review
ifetime terms in order for their to be consistency, ethics, lack of political pressure, and an impartial judiciary (which could become partisan if judges had to campaign for their position.)
- The judiciary is the weakest branch because it lacks the “sword and the purse”
Sword and the purse:they don’t have the budget or power to enforce their decisions. (sword=military, purse=budget.)
