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21 Cards in this Set
- Front
- Back
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Strict scrutiny |
A form of judicial review that requires the government to have a “compelling government interest for any law that singles out race or ethnicity” |
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Lochner era |
A period from 1905 to 1937, during which the Supreme Court struck down laws (worker protection/minimum wage laws) that were thought to infringe on the right to contract |
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Stare decisis |
Deciding cases on the basis of previous rulings or precedents |
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Majority opinion |
The official statement of the court |
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Concurrent opinion |
A statement that agrees with the majority opinion |
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Dissent |
A statement on the behalf of the justices who voted in the minority |
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Amicus curiae |
A brief submitted by a person or group that is not a direct party to the case |
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Rule of four |
The requirement that at least four Supreme Court judges must agree to hear a case before it comes before the court |
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Common law |
A system of law developed by judges in deciding cases over the centuries |
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Precedent |
Judicial decisions that offer a guide to similar cases in the future |
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Civil law |
Cases that involve disputes between two parties |
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Criminal law |
Cases in which someone is charged with breaking the law |
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Plaintiff |
The party that brings the action in a lawsuit |
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Defendant |
The party that is sued in a court case |
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Judicial activism |
A vigorous or active approach to reviewing the other branches of government |
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Judicial restraint |
Reluctance to interfere with elected branches, only doing so as a last resort |
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Judicial review |
The courts authority to determine whether legislative, executive, and state actions violate the constitution and overrule those that do |
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Circuit courts |
The second stage of federal courts, which review the trial record of cases decided in district court to ensure they were settled properly |
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District courts |
The first level of federal courts, which hear the evidence and make initial rulings |
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Mediation |
A way of resolving disputes without going to court, in which a third party (the mediator) helps two or more sides negotiate a settlement |
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Litigation |
The conduct of a lawsuit |
