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102 Cards in this Set

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1. Amicus Curiae
Government Vocabulary Ch. 15

Literally, "friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs.
2. Brief
Government Vocabulary Ch. 15

A written document in which attorneys explain, using case precedents, why the court should find in favor of their client.
3. Chief Justice
Government Vocabulary Ch. 15

Justice on the Supreme Court who presides over the Court's public sessions.
4. Civil Law
Government Vocabulary Ch. 15

The branch of law that deals with disputes that do not involve criminal penalties.
5. Class-Action Suit
Government Vocabulary Ch. 15

A legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest.
6. Court of Appeals
Government Vocabulary Ch. 15

A court that hears appeals of trial court decisions.
7. Criminal Law
Government Vocabulary Ch. 15

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts.
8. Defendant
Government Vocabulary Ch. 15

The one against whom a complaint is brought in a criminal or civil case.
9. Dissenting Opinion
Government Vocabulary Ch. 15

A decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case.
10. Due Process of Law
Government Vocabulary Ch. 15

The right of every citizen against arbitrary action by national or state governments.
11. Judicial Activism
Government Vocabulary Ch. 15

Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
12. Judicial Restraint
Government Vocabulary Ch. 15

Judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning.
13. Judicial Review
Government Vocabulary Ch. 15

The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison.
14. Jurisdiction
Government Vocabulary Ch. 15

The sphere of a court's power and authority.
15. Miranda Rule
Government Vocabulary Ch. 15

The requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.
16. Mootness
Government Vocabulary Ch. 15

A criterion used by courts to screen cases that no longer require resolution.
17. Opinion
Government Vocabulary Ch. 15

The written explanation of the Supreme Court's decision in a particular case.
18. Oral Argument
Government Vocabulary Ch. 15

Stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices.
19. Original Jurisdiction
Government Vocabulary Ch. 15

The authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision.
20. Per Curiam
Government Vocabulary Ch. 15

A brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court.
21. Plaintiff
Government Vocabulary Ch. 15

The individual or organization who brings a complaint in court.
22. Plea Bargain
Government Vocabulary Ch. 15

A negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing.
23. Precedent
Government Vocabulary Ch. 15

Prior case whose principles are used by judges as the basis for their decision in a present case.
24. Senatorial Courtesy
Government Vocabulary Ch. 15

The practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination.
25. Solicitor General
Government Vocabulary Ch. 15

The top government lawyer in all cases before the Supreme Court where the government is a party.
26. Standing
Government Vocabulary Ch. 15

The right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome.
27. Stare Decisis
Government Vocabulary Ch. 15

Literally, "let the decision stand." The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.
28. Supremacy Clause
Government Vocabulary Ch. 15

Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.
29. Supreme Court
Government Vocabulary Ch. 15

The highest court in a particular state or in the United States. This court primarily serves an appellate function.
30. Trial Court
Government Vocabulary Ch. 15

The first court to hear a criminal or civil case.
31. Uniform Commercial Code
Government Vocabulary Ch. 15

Code used in many states in the area of contract law to reduce interstate differences in judicial decisions.
32. Writ of Certiorari
Government Vocabulary Ch. 15

A decision of at least four of the nine Supreme Court justices to review a decision of a lower court; from the Latin "to make more certain.”
33. Writ of Habeas Corpus
Government Vocabulary Ch. 15

A court order that the individual in custody be brought into court and shown the cause for detention. ____ __ _______ ______ is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.
1. Answer
Government Vocabulary Ch. 25

The presentation of a defendant's defense against an allegation in a civil case.
2. Bench Trial
Government Vocabulary Ch. 25

A trial held without a jury and before only a judge.
3. Beyond a Reasonable Doubt
Government Vocabulary Ch. 25

The legal standard in criminal cases, which requires the prosecution to prove that a reasonable doubt of innocence does not exist.
4. Capital Case
Government Vocabulary Ch. 25

A criminal case that calls for the death penalty.
5. Civil Law
Government Vocabulary Ch. 25

A branch of law that deals with disputes that do not involve criminal penalties.
6. Complaint
Government Vocabulary Ch. 25

The presentation of a grievance by the plaintiff in a civil case.
7. Contingent Fee
Government Vocabulary Ch. 25

A fee paid to the lawyer in a civil case, and that is contingent on winning the case.
8. County Courts
Government Vocabulary Ch. 25

The courts that exist in some counties that are presided over by county judges.
9. County Judge
Government Vocabulary Ch. 25

The person in each of Texas's 254 counties who presides over the county commissioners' court, with responsibility for the administration of county government; some ______ ________ carry out judicial responsibilities.
10. Courts of Appeal
Government Vocabulary Ch. 25

The fourteen intermediate-level appellate courts that hear appeals from district and county courts to determine whether the decisions of these lower courts followed legal principles and court procedures.
11. Criminal Law
Government Vocabulary Ch. 25

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts.
12. District Courts
Government Vocabulary Ch. 25

The major trial courts in Texas, which usually have general jurisdiction over a broad range of civil and criminal cases.
13. En Banc
Government Vocabulary Ch. 25

Referring to an appellate hearing with all judges participating.
14. Felony
Government Vocabulary Ch. 25

A serious criminal offense, punishable by a prison sentence or a fine.
15. Grand Jury
Government Vocabulary Ch. 25

Jury that determines whether sufficient evidence is available to justify a trial; _____ ______ do not rule on the accused's guilt or innocence.
16. Indictment
Government Vocabulary Ch. 25

A written statement issued by a grand jury that charges a suspect with a crime and states that a trial is warranted.
17. Judicial Campaign Fairness Act
Government Vocabulary Ch. 25

A judicial reform under which campaign contributions are limited by the amount that a judicial candidate can receive from donors.
18. Justice of the Peace Courts
Government Vocabulary Ch. 25

Local trial courts with limited jurisdiction over small claims and very minor criminal misdemeanors.
19. Merit Selection
Government Vocabulary Ch. 25

A judicial reform under which judges would be nominated by a blue-ribbon committee, appointed by the governor, and, after a brief period in office, would run in a retention election.
20. Misdemeanor
Government Vocabulary Ch. 25

A minor criminal offense, usually punishable by a small fine or a short jail sentence.
21. Municipal Courts
Government Vocabulary Ch. 25

Local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors; _________ ______ are located in each of Texas's incorporated cities and towns.
22. Ordinance
Government Vocabulary Ch. 25

A regulation enacted by a city government.
23. Plea Bargain
Government Vocabulary Ch. 25

Negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing.
24. Preponderance of the Evidence
Government Vocabulary Ch. 25

The standard of proof in a civil jury case, by which the plaintiff must show that the defendant is more likely than not the cause of the harm suffered by the plaintiff.
25. Retention Election
Government Vocabulary Ch. 25

An election in which voters decide "yes" or "no" regarding whether to keep an incumbent in office.
26. Statutory County Courts at Law
Government Vocabulary Ch. 25

Courts that tend to hear less serious cases than those heard by district courts.
27. Statutory Probate Courts
Government Vocabulary Ch. 25

Specialized courts whose jurisdiction is limited to probate and guardianship matters.
28. Texas Court of Criminal Appeals
Government Vocabulary Ch. 25

The highest criminal court in Texas; consists of nine justices and has final state appellate authority over criminal cases.
29. Texas Supreme Court
Government Vocabulary Ch. 25

The highest civil court in Texas; consists of nine justices and has final state appellate authority over civil cases.
1. Affirmative Action
Government Vocabulary Ch. 5

Government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities.
2. Brown v. Board of Education
Government Vocabulary Ch. 5

The 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions.
3. Civil Rights
Government Vocabulary Ch. 5

Obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies as well as of other private citizens.
4. De Facto
Government Vocabulary Ch. 5

Literally, "by fact"; practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today.
5. De Jure
Government Vocabulary Ch. 5

Literally, "by law"; legally enforced practices, such as school segregation in the South before the 1960s.
6. Discrimination
Government Vocabulary Ch. 5

Use of any unreasonable and unjust criterion of exclusion.
7. Equal Protection Clause
Government Vocabulary Ch. 5

Provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups.
8. Fifteenth Amendment
Government Vocabulary Ch. 5

One of three Civil War amendments; guaranteed voting rights for African American men.
9. Fourteenth Amendment
Government Vocabulary Ch. 5

One of three Civil War amendments; guaranteed equal protection and due process.
10. Gerrymandering
Government Vocabulary Ch. 5

Apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party.
11. Intermediate Scrutiny
Government Vocabulary Ch. 5

Test used by the Supreme Court in gender discrimination cases, which places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional.
12. "Jim Crow" Laws
Government Vocabulary Ch. 5

Laws enacted by southern states following Reconstruction that discriminated against African Americans.
13. Redlining
Government Vocabulary Ch. 5

A practice in which banks refuse to make loans to people living in certain geographic locations.
14. "Separate but Equal" Rule
Government Vocabulary Ch. 5

Rule doctrine that public accommodations could be segregated by race but still be equal.
15. Strict Scrutiny
Government Vocabulary Ch. 5

Test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights, which places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional.
16. Thirteenth Amendment
Government Vocabulary Ch. 5

One of three Civil War amendments; abolished slavery.
1. Agencies of Socialization
Government Vocabulary Ch. 6

Social institutions, including families and schools, that help to shape individuals' basic political beliefs and values.
2. Attitude (or Opinion)
Government Vocabulary Ch. 6

A specific preference on a particular issue.
3. Bandwagon Effect
Government Vocabulary Ch. 6

A shift in electoral support to the candidate whom public opinion polls report as the front-runner.
4. Conservative
Government Vocabulary Ch. 6

Today this term refers to those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulae and economic arrangements. ______________ believe that a large and powerful government poses a threat to citizens' freedom.
5. Democracy
Government Vocabulary Ch. 6

A system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials.
6. Equality of Opportunity
Government Vocabulary Ch. 6

A widely shared American ideal that all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential.
7. Gender Gap
Government Vocabulary Ch. 6

A distinctive pattern of voting behavior reflecting the differences in views between women and men illusion of saliency the impression conveyed by polls that something is important to the public when actually it is not.
8. Liberal
Government Vocabulary Ch. 6

Today this term refers to those who generally support social and political reform; extensive governmental intervention in the economy; the expansion of federal social services; more vigorous efforts on behalf of the poor, minorities, and women; and greater concern for consumers and the environment.
9. Liberty
Government Vocabulary Ch. 6

Freedom from governmental control.
10. Marketplace of Ideas
Government Vocabulary Ch. 6

The public forum in which beliefs and ideas are exchanged and compete.
11. Measurement Error
Government Vocabulary Ch. 6

Failure to identify the true distribution of opinion within a population because of errors such as ambiguous or poorly worded questions.
12. Political Efficacy
Government Vocabulary Ch. 6

The ability to influence government and politics.
13. Political Ideology
Government Vocabulary Ch. 6

A cohesive set of beliefs that forms a general philosophy about the role of government.
14. Political Socialization
Government Vocabulary Ch. 6

The induction of individuals into the political culture; learning the underlying beliefs and values on which the political system is based.
15. Probability Sampling
Government Vocabulary Ch. 6

A method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent.
16. Public Opinion
Government Vocabulary Ch. 6

Citizens' attitudes about political issues, leaders, institutions, and events.
17. Public-Opinion Polls
Government Vocabulary Ch. 6

Scientific instruments for measuring public opinion.
18. Push Polling
Government Vocabulary Ch. 6

A polling technique in which the questions are designed to shape the respondent's opinion.
19. Random Digit Dialing
Government Vocabulary Ch. 6

A polling method in which respondents are selected at random from a list of ten-digit telephone numbers, with every effort made to avoid bias in the construction of the sample.
20. Salient Interests
Government Vocabulary Ch. 6

Attitudes and views that are especially important to the individual holding them.
21. Sample
Government Vocabulary Ch. 6

A small group selected by researchers to represent the most important characteristics of an entire population.
22. Sampling Error
Government Vocabulary Ch. 6

Polling error that arises based on the small size of the sample.
23. Selection Bias
Government Vocabulary Ch. 6

Polling error that arises when the sample is not representative of the population being studied, which creates errors in overrepresenting or underrepresenting some opinions.
24. Values (or Beliefs)
Government Vocabulary Ch. 6

Basic principles that shape a person's opinions about political issues and events.