Unit 5- The Judiciary, Civil Rights, and Civil Liberties

Adversary System

A judicial system in which the court of law is a neutral arena where two parties argue their differences

Affirmative action

Remedial action designed to overcome the effects of discrimination

Amicus curiae brief

Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case

Appellate jurisdiction

The authority of a court to review decisions made by lower courts

Bad tendency test

Interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action

Bill of attainder

Legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group

Civil disobedience

Deliberate refusal to obey law or comply with orders of public officials as a means of expressing opposition

Civil Law

A law that governs relationships between individuals and defines their legal rights.

Clear and present danger test

interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts

Commercial speech

Advertisements and commercials for products and services; they receive less First Amendment protection; primarily to discourage false and misleading acts

Community policing

Assigning police to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities

Concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning

Contract clause

Clause of the Constitution (Article I, Section 10) originally intended to prohibit state governments from modifying contracts made between individuals; for a while interpreted as prohibiting state governments from taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state governments from exercising their police powers.

Court of appeals

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

Criminal law

A law that defines crimes against the public order

Defendant

In a criminal action, the person or party accused of an offense

Dissenting opinion

An opinion disagreeing with a majority in a Supreme Court ruling

Docket

The list of potential cases that reach the Supreme Court

Double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution

Dual citizenship

Citizenship in more than one nation

Due process clause

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

Due process

Established rules and regulations that restrain government officials

Eminent domain

Power of a government to take private property for public use; The U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property so taken

Establishment clause

Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions.

Ex post facto law

Retroactive criminal law that works to the disadvantage of a person

Exclusionary rule

Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial

Fighting words

Words that by their very nature inflict injury on those to whom they are addressed or insight them to acts of violence

Free exercise clause

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion

Grand jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

Immunity

Exemption from prosecution for a particular crime in return for testimony pertaining to the case

Indictment

A formal written statement from a grand jury charging an individual with an offense; also called a true bill

Judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values

Judicial restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say

Judicial review

The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Justiciable dispute

A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods

Libel

Written defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid.

Marbury v. Madison

A landmark case in United States law and the basis for the exercise of judicial review in the United States, under Article Three of the United States Constitution

Natural rights

The rights of all people to dignity and worth; also called human rights.

Naturalization

A legal action conferring citizenship on an alien

Nonprotected speech

Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.

Obscenity

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

Opinion of the Court

An explanation of the decision of the Supreme Court or any other appellate court.

Original jursidiction

The authority of a court to hear a case “in the first instance.”

Petit jury

A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.

Plea bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid haivng to stand trial for a more serious offense.

Police powers

Inherent powers of state governments to pass laws to protect the public health, safety, and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.

Precedent

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.

Preferred position doctrine

Interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do.

Prior restraint

Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional

Procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Property rights

The rights of an individual to own, use, rent, invest in, buy, and sell property.

Public defender system

Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

Racial profiling

Police targeting of racial minorities as potential suspects of criminal activities.

Regulatory taking

Government regulation of property so extensive that government is deemed to have taken the property by the power of eminent domain, for which it must compensate the property owners.

Right of expatriation

The right to renounce one’s citizenship.

Search warrant

A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.

Sedition

Attempting to overthrow the government by force or use violence to interrupt its activities

Selective incorporation

The process by which provisions of the bill of rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments

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

Stare decisis

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented

Substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do

Vouchers

Money the government provides to parents to pay their children’s tuition in a public or private school of their choice

Women’s Suffrage

The right of women to vote

Writ of certiorari

A formal writ used to bring a case before Supreme Court

Writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody

Writ of mandamus

Court order directing an official to perform an official duty