Terms : Hide Images
| 339663367 | activist approach | the view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances | 0 | |
| 339663368 | amicus curiae | an adviser to the court on some matter of law who is not a party to the case | 1 | |
| 339663369 | appellate jurisdiction | The authority of a court to review decisions made by lower courts | 2 | |
| 339663370 | bill of attainder | a legislative act finding a person guilty of treason or felony without a trial | 3 | |
| 339663371 | brief | a condensed written summary or abstract | 4 | |
| 339663372 | burden of proof | the duty of proving a disputed charge | 5 | |
| 339663373 | burger court | a conservative jurist appointed by Nixon that nonetheless continued the judicial activism of the Warren Court as seen by Roe v. Wade; this was due to the other members of the court rather than his own liberal beliefs | 6 | |
| 339663374 | civil law | the legal code of ancient Rome | 7 | |
| 339663375 | class action suit | a case brought by someone to help him or her and all others who are similarly situated | 8 | |
| 339663376 | clear and present danger test | law should not punish speech unless there was a clear and present danger of producing harmful actions | 9 | |
| 339663377 | concurrent jurisdiction | authority for both state and federal courts to hear and decide cases | 10 | |
| 339663378 | concurring opinion | an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning | 11 | |
| 339663379 | congressional act of 1869 | ... | 12 | |
| 339663380 | constitutional courts | Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, &specialized courts such as the U.S. Court of International Trade | 13 | |
| 339663381 | court of appeals | a court whose jurisdiction is to review decisions of lower courts or agencies | 14 | |
| 339663382 | criminal law | the body of law dealing with crimes and their punishment | 15 | |
| 339663383 | cross-examination | The interrogation of a witness by the opposing party | 16 | |
| 339663384 | de facto segregation | segregation (especially in schools) that happens in fact although not required by law | 17 | |
| 339663385 | de jure segregation | segregation that is imposed by law | 18 | |
| 339663386 | defendant | a person or institution against whom an action is brought in a court of law | 19 | |
| 339663387 | dissenting opinion | an opinion that disagrees with the court's disposition of the case | 20 | |
| 339663388 | district courts | Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion) | 21 | |
| 339663389 | diversity cases | cases involving citizens of different states who can bring suit in federal courts | 22 | |
| 339663390 | docket | a temporally organized plan for matters to be attended to | 23 | |
| 339663391 | double jeopardy | the prosecution of a defendant for a criminal offense for which he has already been tried | 24 | |
| 339663392 | dual sovereignty | A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law. | 25 | |
| 339663393 | eminent domain | the right of the state to take private property for public use | 26 | |
| 339663394 | establishment clause | the First Amendment guarantee that the government will not create and support an official state church | 27 | |
| 339663395 | ex post facto law | a law that makes an act criminal although the act was legal when it was committed | 28 | |
| 339663396 | 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 | 29 | |
| 339663397 | exclusive jurisdiction | authority of only federal courts to hear and decide cases | 30 | |
| 339663398 | fee shifting | a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins | 31 | |
| 339663399 | free exercise clause | the First Amendment guarantee that citizens may freely engage in the religious activities of their choice | 32 | |
| 339663400 | grand jury | a jury to inquire in accusations of crime and to evaluate the grounds for indictments | 33 | |
| 339663401 | immunity | an act exempting someone | 34 | |
| 339663402 | in forma pauperis | A method whereby a poor person can have his or her case heard in federal court without charge | 35 | |
| 339663403 | indictment | an accusation of wrongdoing | 36 | |
| 339663404 | judicial restraint | view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past | 37 | |
| 339663405 | judicial review | review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court | 38 | |
| 339663406 | judiciary act of 1789 | In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. | 39 | |
| 339663407 | legislative courts | courts created by congress for specialized purposes whose judges do not enjoy the protections of Article III of the constitution | 40 | |
| 339663408 | libel | a tort consisting of false and malicious publication printed for the purpose of defaming a living person | 41 | |
| 339663409 | litmus test | a test that relies on a single indicator | 42 | |
| 339663410 | majority opinion | the opinion joined by a majority of the court (generally known simply as 'the opinion') | 43 | |
| 339663411 | obscenity | an offensive or indecent word or phrase | 44 | |
| 339663412 | original jurisdiction | the authority to hear cases for the first time | 45 | |
| 339663413 | per curiam opinion | a brief, unsigned court opinion | 46 | |
| 339663414 | petit jury | a jury of 12 to determine the facts and decide the issue in civil or criminal proceedings | 47 | |
| 339663415 | plaintiff | a person who brings an action in a court of law | 48 | |
| 339663416 | plea bargain | (criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge | 49 | |
| 339663417 | political question | an issue the Supreme Court will allow the executive and legislative branches decide | 50 | |
| 339663418 | precedent | an example that is used to justify similar occurrences at a later time | 51 | |
| 339663419 | prior restraint | government censorship of information before it is published or broadcast | 52 | |
| 339663420 | procedural due process | Constitutional requirement that governments proceed by proper methods; limits how government may exercise power. | 53 | |
| 339663421 | prosecution | the continuance of something begun with a view to its completion | 54 | |
| 339663422 | remedy | a judicial order enforcing a right or redressing a wrong | 55 | |
| 339663423 | rule of four | Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case | 56 | |
| 339663424 | search warrant | a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court | 57 | |
| 339663425 | senatorial courtesy | Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. | 58 | |
| 339663426 | slander | an abusive attack on a person's character or good name | 59 | |
| 339663427 | solicitor general | a law officer appointed to assist an attorney general | 60 | |
| 339663428 | sovereign immunity | an exemption that precludes bringing a suit against the sovereign government without the government's consent | 61 | |
| 339663429 | standing | the act of assuming or maintaining an erect upright position | 62 | |
| 339663430 | stare decisis | Let the decision stand; decisions are based on precedents from previous cases | 63 | |
| 339663431 | strict constructionist | a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take | 64 | |
| 339663432 | substantive due process | Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do. | 65 | |
| 339663433 | warren court | the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism | 66 | |
| 339663434 | writ of certiorari | a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case | 67 | |
| 339663435 | writ of habeas corpus | a writ ordering a prisoner to be brought before a judge | 68 |
