Terms : Hide Images
| 5490604078 | Majority Decision/Opinion of the Court | a signed opinion of a majority of the Supreme Court | 0 | |
| 5490604079 | concurring opinion | a signed opinion that one or members agree with the majority view but for different reasons | 1 | |
| 5490604087 | dissenting opinion | a signed opinion in which one or more justices disagree with the majority view | 2 | |
| 5490604082 | Rule of Four | if four justices of the nine have to agree that a case is "worthy", they can make a writ of cert for a case | 3 | |
| 5490604083 | writ of certiorari | an order by a higher court directing a lower court to send up a case for review | 4 | |
| 5490604085 | Stare decisis | allows the precedents set by prior rulings to control the current case, "let the decisions stand" | 5 | |
| 5490604088 | judicial restraint (strict constructionist) | a view that judges should decide cases strictly on the basis of the language of the laws and the Constitution | 6 | |
| 5490604089 | standing | suggests a solid argument exists for your request to have your case heard (for trial or an appeal) | 7 | |
| 5490604090 | appeal | presenting a case again if you are unhappy with your trial, related to its fairness | 8 | |
| 5490604093 | District Court | trial court in the federal justice system, 94 of these | 9 | |
| 5490604106 | appeals court | no original jurisdiction, country has 12 federal circuit courts of appeals and 1 Special Appeals court. This is a panel of 3-5 justices. | 10 | |
| 5490604094 | Supreme Court | 9 justices have life appointments; final say on any legal matters that come to them. Small caseload since writing of opinions takes a long time and accept few cases. | 11 | |
| 5490635767 | Appellate Jurisdiction | the power of a higher court to review decisions and change outcomes of decisions of lower courts. | 12 | |
| 5490604099 | original jurisdiction | legal right that a court has to receive a case first. i.e. State or District Courts usually have original Jurisdiction, Supreme Court has original jurisdiction when states sue other states and cases involving high-level diplomats | 13 | |
| 5490604102 | judicial activism | view that the Constitution is flexible and alive. Courts are called to settle disputes and use judicial review and should do so actively and without restraint | 14 | |
| 5490604112 | doctrine of original intent | Related to the US Constitution, what was the 'intent' of the Founders. What did they mean? Obviously, 'original intent' can be interpreted differently depending on who's talking. | 15 | |
| 5490604113 | Brown v. Board of Education of Topeka | huge case that forced all schools to desegregate. overrode Plessy v. Ferguson, a Supreme Court decision that reinforced the concept of "separate but equal". | 16 | |
| 5490604115 | Marbury v. Madison | lMade clear the concept of judicial review, that it is a power of the courts to review Constitutionality of government actions. | 17 | |
| 5490604117 | McCulloch v. Maryland | bank case. made clear that banking is a federal power. first time elastic clause was used to extend federal authority. | 18 | |
| 5490648449 | Miranda v. Arizona | established that the accused must be informed of their rights before trial, the Miranda Warning | 19 | |
| 5490653997 | Syndicated or Selective Incorporation | gradual case by case application of the civil liberties guaranteed by the Bill of Rights to the states using the Due Process Clause of the 14th Amendment. | 20 | |
| 5490653998 | Right to Privacy | The 9th Amendment enables rights not in the Constitution to be granted. Supreme Court combined 1st, 3rd, 4th, and 5th Amendment implications into a Right to Privacy in Griswold v. Connecticut (birth control case.) Privacy was also the basis of Roe v. Wade | 21 | |
| 5490655475 | Civil Liberties | Basic freedoms established to everyone by the Bill of Rights. Our shield against government oppression. | 22 | |
| 5490653999 | Civil Rights | Active protection of discriminated against groups, "protected classes" by the government. Race, Gender, Disability are the primary classes. | 23 | |
| 5490658165 | Establishment Clause | 1st Amendment Clause forbidding the establishment of official religions. | 24 | |
| 5490660088 | Free Exercise Clause | 1st Amendment Clause allowing each person to freely exercise their religious beliefs. | 25 | |
| 5490660089 | Due Process Clause | 14th Amendment clause stating "nor shall any state deprive any person of life, liberty, or property, without due process of law." - basis of Syndicated Incorporation. | 26 | |
| 5490676211 | Equal Protection Clause | 14th Amendment clause stating "nor shall any state ... deny to any person within its jurisdiction the equal protection of the laws." - basis of Civil Rights protections. | 27 |
