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30 Cards in this Set

  • Front
  • Back
Judicial Review
the power of a court to declare acts of governmental bodies contrary to the constitution null and void
Wrtis of Mandamus
Is a court order directing a government official to perform a nondiscretionary act.
In forma pauperis
literally "in the manner of pauper" requesting permission of the court for a poor person to seek judicial relief without having to pay the usual court fee.
Original intention
is the doctrine that holds that judges should interpret the constitution in accordance with the intent of the framers.
is the doctrine that jusdges should decide new constitutional issues in light of the underlyin constitutional principels as well as the literal meaning of the written provision
is the doctrine that the constitution should be interpreted according to evolving standerds of decency and justice and not frozen in time or meaning.
Is the separation of powerd between the national and state govenmental bodies
Separation of Power
is the constitutional arrangement whereby legislative, executive, and judicial powers are exerrcised by three separate and distinct branches of government.
Legislative veto
is the action by one or both houses of congress that nullifies an executvie proposal
is the theory that allows a legislative body to delegate its lawmaking power to administratvie agencies
Executive privilege
is the doctrine that permits the president to withhold information sought by congress
Subpoena Duces tecum
is an order from a court directing a person to appear before the court with specified documents with specified documents that the court deems relevant in a matter pending before it.
Procedural Due Process
is a theory that stresses adherence to predetermind rules of behavior that government must observe
Substantive Due Process
is a theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness
is the theory that the bill of rightss has has been incorporatd or absorbed into the due process clause of the fourteenth amendment, thereby making it applicable to the states.
is a business organization in which the owners are the stockholders who have limited liability and management responsibilities based on the pro rata share of ownership.
Selective incorporation
is the doctrine that only those parts of the bill of righs deemed "fundamental" are incorporated into the due process clause of the fourteenth amendment
Suspect classification
is the classification of a person, such as by race, to which the s.c. applies strict judicial scrutiny and for which government must offer compelling reasons to justify its use
prior restraint
is the censoring of material by the government before it is published rather than penalizing the publisher after publication
Malum in se
"wrong in itself" it is something that is made illegal because it is inherently wrong
Suspended Sentence
is the punishemnt for a crime which either the determination of guilt or the sentence is held in abyence for good behavior and probable completion of certain court-imposed abligations
is the punishment for a crim that involves realease fom incarceration on the condition of good behavior
Mandatory Release
is the automatic release from prison when the calendar time and good time served equal the maximum time for which the inmate was senteced
Determinate sentencing
is a sentencing structure in which a flat or straight sentnce is imposed, generally, without possibility of parole
Procedural law
is the law that is outlines the legal procedures or process that government is obliged to follow
Substantive law
is the law that deals with the content or substance of the law for example, the legal grounds for divorce
is the theory that allows a legislative body to delegate its lawmaing power to administrative agencies
delegatus non protest delegare
"a delegate cannot delegate" a person who has been empowered by another to do something may not redelegate that power to another
ultra vires
"beyond the power" is the doctrine that an administrative agency has exercised powers beyond those delegated to it by a legislative body
is the power of an administrative agency to promulgated rules and regulations concerning matters that fall within its jurisdiction. rules promulgated by administrative agencies have the force of law