APUS gov 6th

Criminal Law

Laws that define crimes against the public order and establish punishments for those crimes.

Civil Law

Laws that deal with disputes between individuals or organizations, typically involving compensation to the victim.

Common Law

A legal system based on judicial decisions and precedents, rather than statutory laws.

Standing to Sue

The requirements that plaintiffs have a serious interest in a case, depending on whether they have sustained or are likely to sustain a direct injury.

Class Action Suits

Lawsuits in which a small number of people sue on behalf of all people in similar circumstances.

Amicus Curiae Briefs

Legal briefs submitted by a friend of the court to influence a court's decision by presenting additional information.

Original Jurisdiction

The jurisdiction of courts that hear a case first and determine the facts about a case.

Appellate Jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts, focusing on legal issues.

District Courts

The 91 federal courts of original jurisdiction where trials are held and juries may be impaneled.

Courts of Appeal

Appellate courts that review final decisions of district courts and some federal regulatory agency orders.

Supreme Court (Constitution)

The highest court in the American judicial system that interprets national laws and resolves conflicts among states.

Sandra Day O’Connor

The first woman appointed to the U.S. Supreme Court in 1981, known for her pragmatic and centrist opinions.

Writ of Certiorari

A decision by the Supreme Court to hear a case.

Senatorial Courtesy

An unwritten tradition where nominations for federal judicial posts are usually not confirmed if opposed by a senator of the president's party from the nominee's state.

Solicitor General

A presidential appointee responsible for the appellate court litigation of the federal government.

Opinion

A statement of legal reasoning behind a judicial decision.

Stare Decisis

A Latin phrase meaning 'let the decision stand,' guiding judicial decisions based on precedent.

Precedent

How similar cases have been decided in the past.

Original Intent

The interpretation of the Constitution based on what the framers originally intended.

Judicial Implementation

The process of enforcing a court’s decision through practical measures.

Marbury v. Madison

The 1803 case that established the Supreme Court's power of judicial review.

Judicial Review

The power of courts to determine whether acts of Congress and the executive are in accord with the Constitution.

Judicial Restraint

An approach to decision making in which judges defer to legislatures and play minimal policymaking roles.

Judicial Activism

An approach where judges make bold policy decisions, sometimes creating new constitutional ground.

Statutory Construction

The process of interpreting and applying legislative statutes.

Civil Liberties vs. Civil Rights

Civil Liberties protect against government interference (e.g., freedom of speech), while Civil Rights ensure equal treatment (e.g., voting rights).

Bill of Rights

The first 10 amendments to the U.S. Constitution that define basic liberties and guarantee rights for defendants.

First Amendment

The constitutional amendment that establishes liberties such as freedom of press, speech, religion, and assembly.

Fourteenth Amendment

An amendment that prohibits states from depriving any person of life, liberty, or property without due process of law and ensures equal protection.

Incorporation Doctrine

The legal concept that nationalized the Bill of Rights, applying most provisions to the states through the Fourteenth Amendment.

Establishment Clause

Part of the First Amendment that prohibits Congress from establishing a religion.

Free Exercise Clause

Protects individuals' rights to practice their religion freely.

Prior Restraint

Government actions preventing the publication of material, usually prohibited by the First Amendment.

Libel

Publishing false statements that harm someone's reputation.

Symbolic Speech

Nonverbal actions expressing opinions, often protected under the First Amendment.

Commercial Speech

Speech promoting commercial transactions that is subject to regulation.

Probable Cause

Sufficient reason for police to conduct a search or arrest.

Unreasonable Search and Seizure

Conducting a search without proper cause or warrant, rendering evidence inadmissible.

Search Warrant

Legal authorization for law enforcement to conduct a search.

Exclusionary Rule

Prohibits the use of illegally obtained evidence in court.

Fifth Amendment

Protects against self-incrimination and double jeopardy while ensuring due process.

Self-Incrimination

Testifying against oneself in a criminal case.

Sixth Amendment

Guarantees a fair trial and the right to an attorney.

Plea Bargaining

An agreement where a defendant pleads guilty to a lesser charge to avoid trial.

Eighth Amendment

Protects against excessive bail, fines, and cruel and unusual punishment.

Right to Privacy

An implied right protecting personal autonomy from government intrusion.

Civil Rights

Protections ensuring equal treatment under the law.

Due Process Clause

Prohibits deprivation of life, liberty, or property without due process of law.

Equal Protection of the Laws

Ensures no individual or group is denied equal protection under the law.

Thirteenth Amendment

Abolished slavery and involuntary servitude.

De Jure & De Facto Segregation

De Jure: Legal segregation; De Facto: Segregation by social practices.

Civil Rights Act of 1964

Landmark legislation outlawing discrimination based on race, color, religion, sex, or national origin.

Fifteenth Amendment

Prohibits denying voting rights based on race or color.

Poll Taxes

Fees charged to vote, historically used to disenfranchise African Americans.

Twenty-Fourth Amendment

Prohibits poll taxes in federal elections.

Nineteenth Amendment

Granted women the right to vote in 1920.

ERA (Equal Rights Amendment)

Proposed amendment ensuring gender equality.

Title IX of the Education Act (1972)

Prohibits gender discrimination in federally funded education programs.

Comparable Worth

Concept advocating equal pay for jobs requiring similar skills and responsibilities.

American Disability Act (1990)

Prohibits discrimination against individuals with disabilities.

Affirmative Action

Policies favoring individuals from historically disadvantaged groups.