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67 Cards in this Set

  • Front
  • Back
Judicial Review
Derived from Marbury vs. Madison decision, it gives the Supreme Court the power to interpret the Constitution and specifically acts of Congress, the president, and the states.
Strict Constructionists
Individuals who believe in a conservative interpretation of the Constitution
Marbury vs. Madison (1803)
was the first time the Supreme Court declared something "unconstitutional," and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the "checks and balances" of the American form of government.
Activist
an especially active, vigorous advocate of a cause
McCulloch vs. Maryland (1819)
A case that established the principle that the federal government was supreme over the state.
Marshall Court
John Marshall's tenure as Chief Justice of the Supreme Court, whose leadership resulted in the landmark decisions of Marbury vs. Madison, McCulloch vs. Maryland, and Gibbons vs. Ogden. These cases shifted power to the judiciary and federal government.
Dred Scott v. Sandford (1857)
A decision made by the Supreme Court that ruled that people of African decent imported from the US and held as slaves, or their decendants, were not protected by the Constitution and could never be citizens of the US. Also, slaves could not sue in court, slaves cannot be taken away from their owners without due process, and the US Congress had no authority to prohibit slavery in federal territories.
Warren Court
Nominated by President Eisenhower in 1954, Earl Warren is best known for the court's unanimous decision in Brown vs. Board of Education (1954) soon after he took office. His court also had the reputation of often being a liberal, activist court.
Common Law
Based on the legal concept of stare decisis (latin for judicial precedent, this concept originated in England in the twelfth century when judges settled disputes based on custom and tradition), or judicial precedent.
Constitutional Law
Law set forth in the Constitution of the US and the state constitutions.
Criminal Law
the body of law dealing with crimes and their punishment
Supreme Court
The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation.
Jurisdictions
the right and power to interpret and apply the law; "courts having jurisdiction in this district".
Appellate Jurisdiction
Courts that have the right to review cases from lower courts on appeal. The highest federal court, the Supreme Court, is the final court of appeal.
District Courts
Courts of the U.S., each having territorial jurisdiction over a judicial district which may include a whole state or only part of it. The district courts are the trial courts of the Federal Judiciary.
Original Jurisdiction
Cases heard by the Supreme Court that do not come on appeal and that "affect ambassadors, other public ministers and consuls, and those in which a State shall be a party."
Legislative Court
A court set up by Congress for some specialized purpose and staffed with people who have fixed terms of office and can be removed or have their salaries reduced.
Constitutional Court
A court exercising the judicial powers found in Article III of the constitution, and therefore it's judges are given constitutional protection: they may not be fired nor may their salaries be reduced while they are in office.
Senatorial Courtesy
Policy that gives senators the right to be notified by the president of pending judicial nominations. Once informed, the apporval of the senators from the state from which the judge comes is obtained and the appointment process moves on. This courtesy does not apply to Supreme Court justice nominations.
Federal Question
Jurisdiction given to federal courts in cases involving the interpretation and application of the US Constitution, acts of Congress, and treaties.
Certiorari
A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.
Rule of Four
Judicial concept employed by the Supreme Court requiring the approval of at least four justices before a case can be heard on appeal.
Discretionary Jurisdiction
A legal jurisdiction which allows judges to make the decisions on essential matters based on the particular facts of a case.
In Forma Pauperis
A petition in typewritten form giving a poor person the permission to sue without payment of court fees.
Sovereign immunity
The immunity of a government from being sued in its own courts except with its consent, or other exception.
Class-Action Suit
A lawsuit brought by a representative member of a large group of people on behalf of all members of the group.
Brown v Board of Education Topeka, Kansas (1954)
A case that declared state laws establishing separate public schools for black and white students and denying black children equal educational opportunities unconstitutional. The decision overturned Plessy vs. Ferguson saying "separate educational facilities are inherently unequal." This was a violation of the Equal Protection Clause and the 14th Amendment of the US Constitution.
Amicus curiae
"Friend of the court"; briefs that may be sent to support the position of one side or the other.
ACLU(The American Civil Liberties Union)
A nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution.
Per Curiam
An opinion delivered by an entire court rather than a single judge.
Unanimous
in complete agreement
Majority
more than half of the votes (%50 + 1)
Concurrence
One house approving a bill as amended in the other house. If the author is unwilling to move the bill as amended by the other house, the author requests nonconcurrence in the bill and asks for the information of a conference committee.
Dissenting
The difference of one judge's opinion from that of the majority; "he expressed his dissent in a contrary opinion".
Precedent
A court decision in an earlier case with facts and law similar to a dispute currently before a court.
Stare Decisis
The doctrine of precedent, under which it is necessary for courts to follow earlier judicial decisions when the same points arise again in litigation.
Political Question
A court case in which there is a dispute between the branches of government or a dispute within a branch of government. The US Supreme Court will generally not hear cases like this.
Remedy (Judicial Relief)
The means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will.
Judicial Restraint
A court that maintains the staus quo or mirros what the other branches of government have established as current policy.
Civil Liberties
Basic human or civil rights that an individual is born with, that are protected by the Bill of Rights.
Civil Rights
Rights that are given by the government.
Bill of Rights
Adopted in 1791 by the states two years after the ratification of the Constitution, it established the basis of civil liberties for Americans.
Due-Process
The government must treat all individuals fairly and justly by following certain procedures that limit the government's power and protect the life, liberty and property of the people.
Equal Protection Clause
Phrase found in the 14th Amendment of the Constitution that furthers the legal concept of civil rights. Originally intended to protect freed former slaves, the clause was later expanded by court interpretation to protect other minority groups.
Incorporation
The process by which American courts have applied portions of the U.S. Bill of Rights to the states. In the past the Bill of Rights was held only to apply to the federal government.
No Prior Restraint
A legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. Its main use is to keep materials from being published.
Imminent Danger
A condition which could cause serious or life-threatening injury or death.
Clarity
Free from obscurity and easy to understand; the comprehensibility of clear expression.
Free-Exercise Clause
Protects the individual's right to freedom of conscience and free expression of religious beliefs.
Establishment Clause
Neither a state nor the federal government may set up a church. Neither can pass laws that aid one religion, aid all religions, or prefer one religion over another. Neither can force a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. Neither a state or the federal government may, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa; wall of separation between church and state.
Exclusionary rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct.
Search Warrant
A written order form a judge or magistrate that an officer may search a specific location for specified items which, if found, can be seized for possible use in court as evidence.
Probable Cause
Evidence sufficient to warrant an arrest or search and seizure; "a magistrate determined that there was probable cause to search the house".
Good-Faith Exception
Allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (bona fides) reliance upon a defective search warrant — that is, they had reason to believe their actions are legal (measured under the reasonable person test).
Civil Disobedience
A group's refusal to obey a law because they believe the law is immoral (as in protest against discrimination).
Suspect Classification
Any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination.
Equality of Opportunity
Situation in which every person has an equal chance, especially in areas such as education, employment and political participation.
Equality of Result
Reduce or eliminate incidental inequalities in material condition between individuals or households in a society. This usually means equalizing income and/or total wealth to a certain degree by, for example, granting a greater amount of income and/or total wealth to poorer individuals or households at the expense of relatively wealthy individuals or households.
Affirmative action
A policy or program providing advantages for people of a minority group who are seen to have traditionally been discriminated against, with the aim of creating a more egalitarian society through preferential access to education, employment, health care, social welfare, etc.
Reasonableness Standard
The standard by which a law is allowed to stand because it is reasonably related to a legitimate government interest.
Rostker v. Goldberg (1981)
A decision of the United States Supreme Court holding that the practice of requiring only men to register for the draft was constitutional.
ERA (Equal Rights Amendment)
A proposed amendment to the United States Constitution which was intended to guarantee that equal rights under any federal, state, or local law could not be denied on account of sex.
Comparable-Worth
A legal concept which requires that people who work similar jobs of similar worth to the employer must be paid the same amount regardless of gender.
Chief Justice John Marshall
Was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power.

The longest serving Chief Justice in Supreme Court history, he dominated the Court for over three decades (a term outliving his own Federalist Party) and played a significant role in the development of the American legal system. Most notably, he established that the courts are entitled to exercise judicial review, the power to strike down laws that violate the Constitution. Thus, he has been credited with cementing the position of the judiciary as an independent and influential branch of government. Furthermore, he made several important decisions relating to federalism, shaping the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law and supported an expansive reading of the enumerated powers.
Roger Taney
Was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864, and was the first Roman Catholic to hold that office. He was also the eleventh United States Attorney General. He is most remembered for delivering the majority opinion in Dred Scott v. Sandford (1857), that ruled, among other things, that African Americans, being considered "of an inferior order and altogether unfit to associate with the white race" at the time the Constitution was drafted, could not be considered citizens of the United States.
Owen Roberts
Was an Associate Justice of the United States Supreme Court for fifteen years. He also led the fact-finding commission that investigated the attack on Pearl Harbor. At the time of World War II, he was the only Republican appointed Judge on the Supreme Court of the United States and one of only three to vote against Franklin D. Roosevelt's orders for Japanese American internment camps in Korematsu v. United States.
Chief Justice Earl Warren
Was the 14th Chief Justice of the United States and the only person elected Governor of California three times. Before holding these positions, he served as a district attorney for Alameda County, California and Attorney General of California.
He was very popular across party lines, so much so that in the 1946 gubernatorial election he won the nominations of the Democratic, Progressive, and Republican parties. His court became recognized as a high point in the use of judicial power in the effort to effect social progress in the United States. He became widely regarded as one of the most influential Supreme Court justices in the history of the United States and perhaps the single most important jurist of the 20th century. He was also the vice-presidential nominee of the Republican Party in 1948, and chaired the Warren Commission, which was formed to investigate the 1963 assassination of President John F. Kennedy.