Gov Pol Vocab Quiz 2

Judicial Restraint Approach

The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.

Activist approach

The view that judges should discern the general principles of underlying laws or the Constitution and apply them to modern circumstances.

Constitutional Court

A federal court, authorized by Article III of the Constitution, that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (Constitution), and appellate and district courts (Congress)

District Courts

Lowest federal courts, federal trials can be held only here

Writ of certiorari

An order by a higher court directing a lower court to send up a case for review

Federal-question cases

Cases concerning the Constitution, federal laws, or treaties

Litmus Test

An examination of the political ideology of a nominated judge

Legislative Courts

Courts created by Congress for specialized purposes, whose judges do not enjoy the protections of Article III of the Constitution

Diversity Cases

Cases involving citizens of different states who can bring suit in federal courts.

Courts of Appeals

Federal courts that hear appeals from district courts, no trials

In forma pauperis

A method whereby a poor person can have their case heard in federal court without charge

Fee shifting

A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.

Sovereign immunity

The rule that a citizen cannot sue the government without the government's consent

Standing

A legal rule stating who is authorized to start a lawsuit

Plaintiff

The party that initiates a lawsuit

Brief

A written statement by an attorney that summarizes a case and he laws and rulings that support it.

Class-action suit

A case brought by someone to help both himself and all others who are similarly situated.

Amicus curiae

A brief submitted by a "friend of the court"

Stare decisis

"Let the decision stand", allowing prior rulings to control current case.

Per curiam opinion

A brief, unsigned court opinion

opinion of the Court

A signed opinion of a majority of the Supreme Court

Concurring opinion

a signed opinion in which one or more members agree with the majority view but for different reasons.

Dissenting Opinion

A signed opinion in which one or more justices disagree with the majority view.

Political Question

An issue the Supreme Court will allow the executive and legislative branches to decide

Remedy

A judicial order enforcing a right or redressing a wrong

Due process of law

Denies the government the right, without due process, to deprive people of life, liberty, and property

Freedom of Expression

Right of people to speak, publish, and assemble

Equal protection of the laws

A standard of equal treatment that must be observed by the government.

Civil liberties

Rights- chiefly, rights to be free of government interference- accorded to an individual by the Constitution: free speech, free press, etc

Freedom of religion

People shall be free to exercise their religion, and government may not establish a religion

Prior restraint

Censorship of a publication

Clear-and-Present-Danger Test

Law should not punish speech unless there was a clear and present danger of producing harmful actions.

Free-exercise clause

First Amendment requirement that law cannot prevent free exercise of religion

Selective incorporation process

The process whereby the Court has applied most, but not all, parts of the Bill of Rights to the states

Symbolic Speech

An act that conveys a political message

Libel

Writing that falsely injures another person

Establishment Clause

First Amendment ban on laws "respecting an establishment of religion"

Search Warrant

A judge's order authorizing a search

Wall of Separation

Court ruling that government cannot be involved with religion

Good Faith Exception

An error in gathering evidence sufficiently minor that it may be used in a trial.

Probable Cause

Reasonable cause for issuing a search warrant or making an arrest, more than mere suspicion

Exclusionary Rule

Improperly gathered evidence may not be introduced in a criminal trial

Public Safety Exception

The police can question a non-Mirandized suspect if there is an urgent concern for public safety.

Inevitable Discovery

The police can use evidence if it would inevitably have been discovered

Civil forfeiture

A procedure in which law-enforcement officers take assets from people suspected of illegal activity, but have not been charge with a crime.

De jure segregation

Racial segregation that is required by law

De facto segregation

Racial segregation that occurs in schools, not as a result of the law, but as a result of patterns of residential settlement.

Civil Rights

The rights of people to be treated without unreasonable or unconstitutional differences

Separate-but-Equal doctrine

The doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities.

Suspect classification

Classifications of people based on their race or ethnicity; laws so classifying people are subject to "strict scrutiny"

Civil Disobedience

Opposing a law one considers unjust by peacefully disobeying it and accepting the resultant punishment

Affirmative Action

Laws or administrative regulation that require organizations to take positive steps to increase minorities in its membership

Police Powers

State power to effect laws promoting health, safety, and morals

Equality of Results

Making certain that people achieve the same result

Equality of Opportunity

Giving people an equal chance to succeed

Strict Scrutiny

The standards by which "suspect classifications" are judged. To be upheld, such a classification must be related to a "compelling government interest", be "narrowly tailored" to achieve that interest, and use the "least restrictive means" available.

Reverse Discrimination

Using race or sex to give preferential treatment to some people.