Pols140 Test 3

Front 1

judicial review

Back 1

The power of a court to declare acts of governmental bodies contrary to the constitution null and void.

Front 2

writs of mandamus

Back 2

A court order directing a government official to perform a nondiscretionary act.

Front 3

in forma pauperis

Back 3

Literally, "in the manner of a pauper," Requesting permission of the court for a poor person to seek judicial relief without having to pay the usual court fees.

Front 4

original itention

Back 4

The doctrine that holds that judges should interpret the constituion in accordance with the intent of the Framers.

Front 5

interpretivism

Back 5

The doctrine that judges should decide new constitutional issues in light of the underlying constitutional principles, as well as the literal meaning of the written provisions.

Front 6

noninterpretivism

Back 6

The doctrine that the Constitution should be interpreted accoriding to evolving standards of decency and justice and not frozen in time or meaning.

Front 7

separation of powers

Back 7

The constitutional arrangement whereby legislative, executive, and judicial powers are exercised by three separate and distinct branches of governnment.

Front 8

legislative veto

Back 8

Action by one or both houses of congress that nullifies an executive proposal.

Front 9

delegation

Back 9

In administrative law, the theory that allows a legislative body to delegate its lawmaking power to administrative agencies.

Front 10

executive privilege

Back 10

The doctrine that permits the president to withold information sought by Congress or the courts.

Front 11

subpoena duces tecum

Back 11

An order from a court directing a person to appear before teh court with specified documents that the court deems relevant in a matter pending before the court.

Front 12

Line Item Veto Act

Back 12

Act allowing the president to veto sepcific appropriations contained in a bill without affecting the remaining sections.

Front 13

due proceess of law

Back 13

A term used in the Fifth and Fourteenth Amendments to refer to the process that is due before government may deprive a person of life, liberty, or property.

Front 14

procedural due process of law

Back 14

A theory of due process that stresses "by-the-book" adherence to predetermined rules of behavior that government must observe.

Front 15

substantive due process of law

Back 15

A theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness.

Front 16

incorporation

Back 16

The theory that the Bill of Rights has been incorporated or absorbed into the due process clause of the Fourteenth Amendment, thereby making it applicable to the states.

Front 17

total incorporation

Back 17

The doctrine that all of the federal Bill of Rights should be absorbed into the due process clause of the Fourteenth Amendment and made applicable to the states.

Front 18

selective incorporation

Back 18

The doctrine that only those parts of the Bill of Rights deemed "fundamental" are incorporated into the Due Process Clause of the Fourteenth Amendment.

Front 19

suspect classifications

Back 19

Classification of persons, such as by race, to which the Supreme Court applies strict judicial scrutiny and for which government must offer compelling reasons to justify its use.

Front 20

prior restraint

Back 20

The censoring of material by the government before it is published rather than penalizing the publihser after publication

Front 21

delegation

Back 21

In administrative law, the theory that allows a legislative body to delegate its lawmaking power to administrative agencies.

Front 22

Delegatus non potest delegare

Back 22

Literally, "a delegate cannot delegate." A person who has been empowered by another to do something may not redelegate that power to another.

Front 23

ultra vires

Back 23

Literally, "beyond the powers of." In administrative law, the doctirne that an administrative agency has exercised powers beyond those delegated to it by a legislative body.

Front 24

rulemaking

Back 24

THe power of an administrative agency to promulgate rules and regulations concerning matters that fall within its jurisdictions. Rules promulgated by administrative agencies have the force of law.

Front 25

rule enforcement

Back 25

The power of an administrative agency to enforce rules promulgated by the agency under its rule-making authority.

Front 26

adjudication

Back 26

The resolution or settlement of a dispute between two parties by a third party.

Front 27

exhaustion of administrative remedies doctrine

Back 27

In administrative law, the doctirne that requires persons aggrieved to avail themseleves of all administrrative remedies before seeking judicial relief.

Front 28

primary jurisdiction doctrine

Back 28

In administrative law, the doctrine that requires litigatns to take a dispute to the administrative agency with primary responsibility for handling the dispute before seeking judicial relief.

Front 29

substantial evidence rule

Back 29

Rule that says a finding of fact by an administrative agency is to be final if there is substantial evidence to support the agency's conclusion.

Front 30

malum in se

Back 30

Literally, "wrong in itself." In criminal law, something that is made illegal because it is inherently wrong.

Front 31

malum prohibitum

Back 31

In criminal law, something, such as gambling, amde illegal because government has deemed it undesireable, thereby prohibiting it.

Front 32

actus reus

Back 32

The "guilty act"; the forbidden act or omissio that is an element of a crime.

Front 33

crimes of omission

Back 33

criminally liable because of failure to act.

Front 34

crimes of commission

Back 34

criminally liable because of actions made.

Front 35

mens rea

Back 35

Literally, "the guilty mind." The wrongful purpose that is an element of a crime.

Front 36

specific intent

Back 36

The requisite intent that must be proved as an element of some crimes such as killing another "with malice aforethought."

Front 37

general intent

Back 37

In criminal law, a general showing that the prohibited act was performed voluntarily, whether or not the person meant to do it.

Front 38

scienter

Back 38

An element of a crime that requires knowledge or awareness that a particular act is illegal.

Front 39

causation

Back 39

To bring about an event or to make it happen.

Front 40

direct causation

Back 40

The causing or bringing about of an effect without the interference of an intervening variable or factor.

Front 41

proximate cause

Back 41

The theory that the injury sustained by the plaintiff and the defendat's action were so closely connected that the defendat's act caused the injury and there were no intervening causes.

Front 42

culpability

Back 42

In law, a person who is blameworthy or responsibile in whole or in part for the commission of a crime or injury.

Front 43

preponderance-of-evidence

Back 43

In civil law, the standard of proof required to prevail at trial. To win, a plaintiff must show that the greater weight, or .......... supports his or her version of the facts.

Front 44

beyond a reasonable doubt

Back 44

The burden of proof in criminal cases. .......... esentiall means that all possible alternative explanations for what happened have been considered and rejected except one-the one that concludes that the accused commmitted the crime for which he is charged.

Front 45

contraband

Back 45

Something the governemtn has forbidden to be in a person's posession, such as illegal drugs, explosives, or obscene materials.

Front 46

fruits of crime

Back 46

Include stolen goods or money.

Front 47

instrumentalities of the crime

Back 47

Tools or weapons used in the commission of a crime.

Front 48

The exclusionary rule

Back 48

A judicially created rule that holds that evidence obtained through violations of the constitutional rights of the criminal defendant must be excluded fromt he trial.

Front 49

suspended sentence

Back 49

Punishment for a crime in which either the determination of guilt or the sentence is held in abeyance for good behavior and probable completion of certain court-imposed obligatiosn.

Front 50

probation

Back 50

Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain court-established conditions.