Key Legal and Government Terms

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A comprehensive set of flashcards covering key legal and governmental terms, designed for effective review and exam preparation.

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61 Terms

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amicus curiae

A legal term meaning 'friend of the court,' used for a brief filed by someone interested in but not a party to a case.

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appellate court

A court that reviews cases already decided by a lower or trial court and may change the decision.

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appellate jurisdiction

The power of a court to hear a case on appeal from a lower court.

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associate justice

A member of the Supreme Court who is not the chief justice.

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brief

A written legal argument presented to a court.

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chief justice

The highest-ranking justice on the Supreme Court.

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circuit courts

The appeals courts of the federal court system that review decisions of the lower district courts.

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civil law

Non-criminal law defining private rights and remedies.

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common law

Law developed by judges through case decisions based largely on precedent.

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concurring opinion

An opinion written by a justice who agrees with the Court’s majority opinion but offers different reasons.

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dissenting opinion

An opinion written by a justice who disagrees with the majority opinion of the Court.

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district courts

The trial courts of the federal court system where cases are tried and evidence is presented.

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docket

The list of cases pending on a court’s calendar.

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dual court system

The division of courts into separate federal and state systems.

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judicial activism

A judicial philosophy where justices are likely to overturn decisions to broaden individual rights.

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judicial review

The power of courts to review actions by the other branches of government and rule on their constitutionality.

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majority opinion

The opinion of the Court with which more than half of the justices agree.

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Marbury v. Madison

The 1803 Supreme Court case that established judicial review.

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oral argument

Words spoken before the Supreme Court explaining legal reasons behind a case.

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original jurisdiction

The power of a court to hear a case for the first time.

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precedent

Principles or guidelines established by courts in earlier cases.

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Rule of Four

Supreme Court custom where a case will be heard if four justices agree to do so.

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senatorial courtesy

An unwritten custom where the president consults state senators before nominating candidates for federal vacancies.

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solicitor general

The lawyer who represents the federal government before the Supreme Court.

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stare decisis

The principle whereby courts rely on past decisions and precedents.

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trial court

The level of court in which a case starts or is first tried.

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writ of certiorari

An order of the Supreme Court to review records from a lower court.

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amendatory veto

A veto allowing a governor to return a bill with a request for specific amendments.

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charter

A document detailing local government responsibilities.

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commission system

An elected commission that serves as the governing body within a county.

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consecutive term limits

Caps specifying the duration a member can serve in the state legislature.

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council-administrator system

An elected council that appoints an administrator for county operations.

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delegate legislator

A legislator who acts in the best interest of their constituents.

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Dillon’s Rule

A legal principle affirming state sovereignty over local governments.

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expressed powers

Powers specifically granted to Congress and the president by the Constitution.

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formal powers

Powers a governor may exercise as outlined in state constitutions.

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home rule

A principle allowing local governments independence from state government.

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implied powers

Powers inferred as necessary to achieve national government objectives.

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individualistic political culture

A culture prioritizing government as a tool for individual goals.

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lifetime ban

A rule preventing members from serving multiple terms in the state legislature.

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line-item veto

A governor's ability to strike out portions of a bill.

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mayor-council system

A government structure where council members and the mayor are elected.

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moralistic political culture

A culture viewing government as a means to enhance society.

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pardon

A governor’s action to absolve someone of blame for a crime.

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reduction veto

Authority for a governor to reduce budgeted amounts in legislation.

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term limits

Rules restricting how long members can serve in the state legislature.

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traditionalistic political culture

A culture supporting the maintenance of existing social orders.

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trustee

An officeholder who uses their judgment to decide what’s best.

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bureaucracy

An administrative group of non-elected officials executing policies.

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bureaucrats

Civil servants or political appointees in non-elected government roles.

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civil servants

Individuals in non-elected government positions.

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government corporation

A corporation fulfilling a public interest and overseen by authorities.

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merit system

A system filling civil service positions through competitive examinations.

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negotiated rulemaking

A rulemaking process involving stakeholders to reach a consensus.

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patronage

Using government positions to reward political supporters.

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pay schedule

A chart showing salary ranges for different government positions.

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privatization

Measures incorporating private sector market forces into government functions.

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public administration

The implementation of public policy and preparation of civil servants.

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red tape

Procedures and rules that must be followed to accomplish tasks.

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spoils system

A system rewarding political loyalty with bureaucratic appointments.

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whistleblower

A person who exposes misconduct within a bureaucracy.