gov u5 vocab

dual court system

there are 2 parallel court systems, which federal and state

defendant

the person against whom the complain is made

plaintiff

the person who files suit

original jurisdiction

a court in which a case is first heard

appellate jurisdiction

a court that hears a case on appeal from a lower court

judicial restraint

the belief that judges should decide cases on the basis of the original intent of the Framers and with the idea that will settle future cases

precedent

a judicial decision that serves as a guide for settling later cases of a similar nature

judicial activism

the practice of judges making ruling based on their policy views rather than their honest interpretation of the current law

judicial review

the justices can interpret the Constitution’s limit on power

rule of 4

only 4 out of the 9 Supreme court justices need to agree to hear a case, which allows them to write a writ of certiorari to review a court’s decision

writ of ceritiorari

initiated by the losing party asking the Supreme Court to review a case

certificate

a lower court itself asks the Supreme Court for instructions

majority opinion

sets out the facts in a case, identifies the issues it presents, and details the reasons that underpin the majority’s decision

stare decisis

let the decision stand; adhere to decided cases

concurring opinion

usually to make some point not made or not emphasized in the majority opinion

dissenting opinion

written by justices who do not agree with the court’s majority decision expression of opposition to the majority’s view in a case

criminal case

a defendant is tried fro committing some action that Congress has declared by law to be a federal crime

civil case

some noncriminal matter where the plaintiff seeks damages for some harm done by the defendant

civil liberties

guarantees of the safety of persons, opinions, and property from arbitrary acts of government

civil rights

legally guaranteed protections and freedoms that ensure all individuals are treated equally and free from discrimination by governments, organizations, and private citizens

process of incorporation

how the Supreme Court has applied parts of the Bill of Rights to the states using the 14th amendment’s due process clause; limits state/federal governments

establishment clause

prevents government endorsement of religion

free exercise clause

protects individuals’ rights to practice their faith

lemon test

determines if a government action violates the First Amendment’s establishment clause

secular purpose

the law or policy must have a primary non religious purpose

primary effects

the law or policy’s principal or primary effects must neither advance nor inhibit religion

no excessive entanglement

the law or policy must not result in an excessive government entanglement with religion

libel

the false and malicious use of printed words

slander

the false and malicious use of spoken words

seditious speech

the advocating, or urging, of such conduct and it is not protected by the 1st amendment

symbolic speech

communicating ideas by their conduct, by the way they do a particular thing

prior restraint

government action that prevents speech or expression before it actually takes place

civil disobedience

peacefully break laws that care considered unjust in order to protest them and bring attention to the need for change

procedural due process

the government must follow fair procedures and rules before taking away someone’s life, liberty, or property through things like fair trial and notice of charges

substantive due process

is that the government cannot make laws that unfairly limit fundamental rights, even if the procedures are fair

probable cause

reasonable belief, based on facts, that a crime has been committed

exclusionary rule

evidence obtained illegally cannot be used in court

writ of habeas corpus

requires the government to bring a detained person before a court and explain why they are being held, preventing unlawful imprisonment

bill of attainder

a law that punishes a person or group without a trial, which the Constitution prohibits

ex post facto

punishes someone for an act that was not legal when committed

5th amendment

prevent someone from being tried more than once for the same crime

6th amendment

guarantees a speedy trial, public trial, an impartial jury, the right to know charges, and the right to an attorney

8th amendment

prohibits excessive bail (ensures the accused returns to court)

jus soli

right of the soil; citizenship is granted based on being born in the country

jus sanguinis

right of blood; citizenship is granted through one parents’ citizenship

naturalized citizen

someone born in another country who legally becomes a US citizen after completing the naturalization process

immigrant

someone who moves to another country voluntarily

refugee

someone who is forced to leave their country because of danger

14th amendment

states cannot deny any person within their jurisdiction the equal protection of the law

rational basis test

when the government only needs a reasonable reason for the law

scrutiny test

when the government must prove the law serves a compelling interest and is harder to justify

de jure segregation

segregation is created by law or governmental policies

de facto segregation

segregation that occurs in practice due to social or economic factor

affirmative action

a policy that encourages schools and employers to take steps to increase opportunities for historically discriminated groups

fixed rail systems

permanent rail systems (subways) that run on fixed tracks and must be accessible to people with disabilities

1st amendment

guarantees freedom of speech, press, religion, assembly, and petition

2nd amendment

protects the right to keep and bear arms

3rd amendment

prohibits forced quartering of soldiers in private homes

4th amendment

protects against unreasonable searches

7th amendment

provides for the right to a jury trial in certain civil case

9th amendment

states the enumeration of specific rights in the Constitution does not deny or disparage other rights

10th amendment

reinforces federalism; powers not delegated by the federal government, nor prohibited to the states, are reserved to the states or the people

14th amendment

granted citizenship to all persons born or naturalized in the US, including formally enslaved people

13th amendment

abolish slavery and involuntary servitude (other than punishment)