Unit 5 Vocab

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 against minorities and women

amicus curiae brief

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

appellate jurisdiction

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 of 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

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 gov 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 ads

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

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 b/w individuals; for a while interpreted as prohibiting state govs form taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state govs from exercising their police powers

court of appeals

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

criminal law

law that defines crimes against the public order

defendant

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

dissenting opinion

opinion disagreeing w a majority in a Supreme Court ruling

docket

list of potential cases that reach the Supreme Court

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double jeopardy

trial or punishment for the same crime by the same gov; forbidden by the Constitution

dual citizenship

citizenship in more than one nation

due process clase

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

due process

established rules and regualtions that restrain gov officials

eminent domain

power of a gov to take private property for public use; the US Constitution gives national and state govs 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 gov 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 incites 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 gov 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

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

power of a court to refuse to enforce a law or a gov regulation that in the opinion of the judges conflicts with the US Constitution or, in a state court, the state constitution

justiciable dispute

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

landmark case in the US law and the basis for the exercise of judicial review in the US, under Article III of the Constitution

natural rights

rights of all people to dignity and worth; aka human rights

naturalization

legal action conferring citizenship of 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

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

original jurisdiction

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 b/w a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense

police powers

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

precedent

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 govs should not punish persons for what they say, only for what they do

prior restrant

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

procedural due process

constitutional requirement that govs proceed by proper methods; limits how gov may exercise power

property rights

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

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

right of expatriation

right to renounce one’s citizenship

search warrant

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 gov by force or use violence to interrupt its activities

selective incorporation

process by which provisions of the bill of rights are brought within the scope of the 14th Amendment and so applied to state and local govs

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

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 govs act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the gov may do

vouchers

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

women’s suffrage

right of women to vote

writ of certiorari

formal write used to bring a case before the Supreme Court

writ of habeas corpus

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