Key Legal Concepts and Doctrines

These flashcards cover essential legal terminology and concepts from the lecture notes.

Writ of mandamus

A court order requiring a public official to perform a duty.

Court-packing plan

FDR’s 1937 attempt to add Supreme Court justices to gain support for New Deal policies.

Attorney general

Head of the Justice Department and chief legal officer of the U.S.

Federal question

A case involving the Constitution, federal laws, or treaties.

District courts

Federal trial courts where cases begin.

Courts of appeals

Intermediate appellate courts reviewing district court decisions.

Senatorial courtesy

Senators can block judicial nominees from their home state.

Blue slip

A form senators use to approve or oppose judicial nominees.

Ideology

A set of beliefs about government and politics.

Writ of certiorari

Supreme Court order to review a lower court case.

Rule of four

Four justices must agree to hear a case.

Amicus curiae

“Friend of the court” brief from outside parties.

Solicitor general

Represents the U.S. government before the Supreme Court.

Procedural doctrine

Rules about how courts operate.

Substantive doctrine

Principles guiding case outcomes.

Stare decisis

Following precedent in court decisions.

Restraint

Courts defer to elected branches unless clearly unconstitutional.

Activism

Judges shape policy based on personal views.

Dissenting opinion

Disagreement with the majority decision.

Concurring opinion

Agreement with decision but different reasoning.

Civil rights

Protections allowing citizens to make claims against the government.

Civil liberties

Freedoms protected from government interference.

Black codes

Laws restricting rights of formerly enslaved people.

Jim Crow laws

Laws enforcing racial segregation.

Segregation

Separation of races in public/private life.

White primary

Exclusion of Black voters from primary elections.

Poll tax

Fee required to vote (used to disenfranchise Black voters).

Literacy test

Reading test used to prevent Black voting.

Grandfather clause

Allowed voting only if ancestors voted pre-Civil War.

Separate but equal

Legal doctrine justifying segregation.

De facto segregation

Segregation by practice, not law.

De jure segregation

Segregation by law.

Affirmative action

Policies to increase opportunities for minorities and women.

Quotas

Set number of positions reserved for certain groups (ruled unconstitutional).

Title IX

Law banning gender discrimination in education.

Hate crime

Crime motivated by bias against a group.

Incorporation

Applying Bill of Rights to states via the 14th Amendment.

Due process clause

Protects against unfair government actions.

Equal protection clause

Guarantees equal treatment under the law.

Privileges and immunities clause

States cannot deny rights of citizens.

Selective incorporation

Gradual application of rights to states.

Clear and present danger test

Limits speech that incites illegal action.

Clear and probable danger test

Balances harm vs likelihood of danger.

Brandenburg test

Speech can be limited if it incites imminent lawless action.

Obscenity

Offensive sexual content without social value.

Community standards

Local norms used to judge obscenity.

Establishment clause

Government cannot establish religion.

Free exercise clause

Government cannot interfere with religion.

Lemon test

3-part test to avoid violating establishment clause.

Neutrality test

Government must not favor religion over non-religion.

Exclusionary rule

Illegal evidence cannot be used in court.

Miranda rule

Police must inform suspects of their rights.

Cruel and unusual punishment

Punishments considered inhumane.

Penumbras

Implied rights (like privacy) from the Constitution.