Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
36 Cards in this Set
- Front
- Back
- 3rd side (hint)
Judicial Review
|
The power of the courts to declare unconstitutional the actions of the other branches and units of government.
|
|
|
Strict Construction
|
The doctrine of constitutional interpritation holding that the document should be interpreted narrowly.
|
|
|
Loose Construction
|
The doctrine of constitutional interpretation holding that the document should be interpreted broadly.
|
|
|
States' Rights
|
An interpretation of the Constitution that favors limiting the authority of the federal government while expanding the powers of the states.
|
|
|
New Deal
|
A legislative package of reform measures proposed by President Franklin Roosevelt.
|
|
|
Jim Crow Laws
|
Legal provisions requiring the social segregation of African Americans in seperate and generally unequal facilities.
|
|
|
Civil Liberties
(H) |
The protection of the individual from the unrestricted power of government.
(H) |
Bill of Rights
|
|
Civil Rights
|
The protection of the individual from arbitrary or discriminatory acts by government or by individuals based on that persons group status, such as race and gender.
|
|
|
Exclusionary Rule
|
The judicial doctrine stating that when the police violate an individuals constitutional rights, the evidence obtained as a result of police misconduct or error cannot be used against the defendant.
|
|
|
Sovereign Immunity
|
The legal concept that individuals cannot sue the government without the governments permission.
|
|
|
Equal Protection Clause
|
The provision found in the Fourteenth Amendment of the U.S. Constitution that declares that "No State shall... deny to any person within it's jurisdiction the equal protection of laws."
|
|
|
Trial
|
The formal examination of a judicial dispute in accordance with law before a single judge.
|
|
|
Appeal
|
The taking of a case from a lower court to a higher court by the losing party in a lower court decision.
|
|
|
Jurisdiction
|
The authority of the court to hear and decide a case.
|
|
|
Civil Case
|
A legal dispute concerning a private conflict between two parties - individuals, corporations, or government agencies.
|
|
|
Criminal Case
|
A legal dispute dealing with an alleged violation of penal law.
|
|
|
Writ of Habeas Corpus
|
A court order requiring government authorities to either release a person in custody or demonstrate that the person is detained in accordance with the law.
|
|
|
Senatorial Courtesy
|
The custom that senators from the president's party have a veto on judicial appointments from their states.
|
|
|
Legal Brief
|
A written legal argument.
|
|
|
Affirm
|
To uphold a lower court decision.
|
|
|
Remand
|
To return a case to the trial court for reconsideration in light of an appeals court decision.
|
|
|
Original Jurisdiction
|
The level of jurisdiction, or set of cases, a court may hear as a trial court.
|
|
|
Test Cases
(H) |
Lawsuits initiated to asses the constitutionality of a legislative or executive act.
(H) |
To test a case
|
|
In Forma Pauperis
|
A process whereby an indigent litigant can appeal a case to the Supreme Court without paying the usual fees.
|
|
|
Conference
|
A closed meeting of the justices of the United States Supreme Court.
|
|
|
Rule of Four
|
A decision process used by the Supreme Court to determine which cases to consider on appeal, holding that the Court will hear a case if four of the nine justices agree to the review.
|
|
|
Certiorari
(H) |
The technical term for the Supreme Court's decision to hear the arguments and make a ruling in a case.
(H) |
"Cert" for short
|
|
Per Curiam Opinion
|
An unsigned opinion of the Supreme Court.
|
|
|
Amicus Curiae
or Friend of the Court Briefs |
Written legal arguments presented by parties not directly involved in the case, including interest groups and units of government.
|
|
|
Majority Opinion
|
The official written statement of the Supreme Court that explains and justifies its ruling and serves as a guideline for lower courts when similar legal issues arise in the future.
|
|
|
Concurring Opinion
|
A judicial statement that agrees with the Court's ruling but disagrees with the reasoning of the majority opinion.
|
|
|
Dissenting Opinion
|
A judicial statement that disagrees with the decision of the court's majority.
|
|
|
Statutory Law
|
Law that is written by the legislature.
|
|
|
Constitutional Law
|
Law that involves the interpretation and application of the Constitution.
|
|
|
Americans with Disabilities Act (ADA)
(H) |
A federal law designed to end discrimination against persons with disabilities and eliminate barriers to their full participation in American society.
(H) |
(ADA)
|
|
Item Veto
|
The power of an executive to veto sections or items of a tax or appropriation measure while signing the remainder of the bill into law.
|
|