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44 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Activist approach
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The view that judges should discern the general principles underlying laws of the constitution and apply them to modern circumstances.
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Amicus curiae
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A brief submitted by a "friend of the court"
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Class action suit
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A case brought by someone by an attorney that summaries a case and the laws and ruling that support it
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Concurring opinion
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A signed opinion in which one or more justices agree with the majority conclusion but for different reasons
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Constitutional court
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A federal court authorized by article II of the constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the supreme court( created by the constitution) and appellate and district courts created by congress
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Diversity cases
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Cases involving citizens of different states who can bring suit in federal courts
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In forma pauperis
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A method where by a poor person can have his or her case heard in federal court without charge
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His or her ca
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Judicial review
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The power of courts to declare acts of the legislature and the executive unconstitutional
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Declare acts of the l
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Litmus test
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An examination of the political ideology of a nominated judge
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Political question
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An issue the Supreme Court will allow the executive and legislative branches to decide
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Standing
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A legal rule stating who is authorized to start a law suit
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Stare decisis
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"Let the decision stand," or allowing prior rulings to control the current case
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Strict constructionist
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The view that judges should decide cases strictly on the basis of the language of the laws and the constitution
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Writ of certiorari
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An order by higher court directing a lower court to send up a case for review
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Affirmative action
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A policy favoring those whitens to suffer from discrimination like employment or education
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Appellate jurisdiction
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The power of the court to review decisions and change out come of decisions of lower court
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Breif
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Written legalese document
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Civil law
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The system of law concerned with private relations between members of community rather than criminal cases
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Civil liberties
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The stated being subject Bly to laws established for the good of the community
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Civil rights
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Rights of citizens to political bad social freedom and equality
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Clear and present danger
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Premed court determined under what circumstances limits can be placed on first amendment freedoms of speech
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Criminal law
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Law that deals with crimes
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De facto segregation
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Separation enforced by law
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Police powers
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A capacity of the states to regulate behavior me enforce order within their territory
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Probable clause
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Reasonable grounds for making a search or pressing charge
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Public safety exception
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Miranda warning
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Rational basis
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The three lowest levels of scrutiny policed by courts when considering constitutional questions
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Reverse discrimination
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Black against white
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Search warrant
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Needed before being allowed to search
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Selective incorporation
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Jakson
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Solicitor general
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Law office directly below e attorney general
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Strict scrutiny
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Most strict form of judicial review
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Symbolic speech
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Conduct that expresses a symbol
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De jute segregation
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When segregation is based on gender and race by law
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Wall of separation
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The separation of the church and state
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Writ of certiorari
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An Order from a higher court to lower one ordering that a case be transferred to it
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Due process clause
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All persons born and r naturalized in the us and subject to the jurisdictiob
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Equal protection clause
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No person should be denied the protection
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Establishment clause
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Prohibits government from making any law respecting an establishment of religion
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Good faith exception
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Exemption to the exclusionary rule
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Inevitable discovery
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Allows evidence of a defenders guilt that would otherwise be considered in admissible under the exclusionary rule
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All
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Intermediate scrutiny
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A test used to determine a laws constitutionality
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Judicial review
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Review by the Supreme Court
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Libel
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A false statement that affects someone else's relationship
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