Legal Concepts and Supreme Court Nominations

A set of 320 vocabulary flashcards designed for reviewing key legal concepts and Supreme Court nomination events based on lecture notes.

Challenge for cause

A request to remove a juror for likely bias.

Peremptory challenge

Removing a juror without stating a reason.

Verdict-driven jury

A jury that votes early and argues toward a verdict.

Evidence-driven jury

A jury that reviews evidence before voting.

Preponderance of the evidence

Standard of proof that means more than 50% certainty.

Beyond a reasonable doubt

Standard of proof that requires a very high certainty.

Statutory interpretation

Interpretation of laws that can be changed by new laws.

Constitutional interpretation

Interpretation of laws that requires amendments to change.

Overruling a precedent

Eliminating the effect of a previous legal decision.

Distinguishing a precedent

Avoiding application of a precedent by claiming factual differences.

Material evidence

Evidence that affects the outcome of a case.

Privileged evidence

Evidence that is protected from disclosure.

Interrogatories

Written questions answered in writing under oath.

Depositions

Oral questioning under oath, often recorded.

Logical relevance

Evidence that tends to prove something.

Legal relevance

Evidence whose probative value outweighs its prejudice.

Amicus briefs

Briefs filed by non-parties interested in the case outcome.

Party briefs

Briefs filed by litigants involved in the case.

Bench trial

A trial decided by a judge rather than a jury.

Jury trial

A trial decided by jurors.

Criminal standard of proof

Requires proof beyond a reasonable doubt.

Civil standard of proof

Uses the preponderance of the evidence standard.

Clear and convincing evidence

A standard stricter than preponderance but below reasonable doubt.

Judicial review

Deciding what the law means.

Judicial implementation

Enforcing the judicial decision.

Higher court reversal

Changing the result of an earlier ruling.

Remand

Sending a case back for further action.

Outright defiance

Ignoring a legal precedent.

Post-injury repairs

Repairs excluded to encourage safety improvements.

Settlement evidence

Evidence from settlement discussions, generally inadmissible.

Probable cause

A higher threshold for search or arrest.

Reasonable suspicion

Allows brief stops by police.

Juvenile courts

Courts that prioritize rehabilitation for youths.

Adult criminal courts

Courts that prioritize punishment and accountability.

Legal insanity

Not knowing the wrongfulness of one's actions.

Medical insanity

A broader and clinical concept of mental health.

Recusal

Removing a judge from a case.

Impeachment

Removing a judge from office.

Judicial independence

Judges' protection from political pressure.

Judicial accountability

Oversight and possibility of impeachment.

Test case litigation

Strategically chosen cases to change the law.

Ordinary lawsuits

Cases resolving individual disputes.

Public defenders

Attorneys appointed for defendants who cannot afford one.

Privately hired defense attorneys

Attorneys hired and paid by defendants.

Evidence-driven deliberation

Reviewing evidence first to reduce early polarization.

Verdict-driven deliberation

Taking early votes and arguing for a verdict.

Hung jury

A jury that cannot reach a required verdict.

Mistrial

The declared outcome after a hung jury.

Executive noncompliance

Delaying implementation of a law.

Congressional override

Changing the underlying law to counteract executive noncompliance.

Supreme Court majority opinion

Opinion joined by 5 or more justices.

Plurality opinion

An opinion lacking a majority reasoning.

Career bureaucrats

Officials that remain across administrations.

Political appointees

Officials who change with new administrations.

Federalism

A system requiring cooperation between levels of court.

Due process rights in criminal cases

Require more protections due to liberty concerns.

Miranda custody

Feeling not free to leave, even without formal arrest.

Reasonable officer standard

Standard assessing police conduct in context.

Reasonable person standard

Standard applying to ordinary individuals.

Constitutional rights

Rights granted in the Constitution.

Statutory rights

Rights granted through legislation.

Roberts

Chief Justice of the Supreme Court appointed by Bush.

Alito

Justice who replaced O'Connor on the Supreme Court.

Sotomayor

First Latina justice on the Supreme Court.

Kagan

Justice appointed by Obama after Stevens' retirement.

Justice Sandra Day O'Connor

First woman on the U.S. Supreme Court.

Chief Justice William Rehnquist

Chief Justice expected to retire before O'Connor.

Justice John Roberts

Nominated to replace Rehnquist after his death.

Confirmation advantage

Condition making a nominee more likely to be confirmed.

Harriet Miers

Nominee opposed due to lack of judicial record.

Planned Parenthood v. Casey

Case that made Alito controversial for some liberals.

Justice Anthony Kennedy

Swing vote justice on the Supreme Court.

David Souter

Justice who announced retirement in 2009.

Sonia Sotomayor

Nominee recognized for her background and experience.

Ricci v. DeStefano

Case that drew scrutiny on Sotomayor during her confirmation.

Election year retirement

Timing of justices retiring in uncommon political climates.

Neil Gorsuch

Trump nominee who filled Scalia's seat.

Merrick Garland

Obama's nominee for Scalia's seat who did not get a hearing.

Nuclear option

Senate rule change lowering cloture threshold.

Swing vote

Vote that decides an outcome in close cases.

Brett Kavanaugh

Justice nominated to replace Kennedy.

Christine Blasey Ford

Accuser of Brett Kavanaugh in his confirmation hearings.

Jeff Flake's insistence

Time limit for additional FBI investigation into Kavanaugh.

Susan Collins

Republican senator who announced support for Kavanaugh.

Amicus curiae briefs

Documents filed by interested non-parties in a legal case.

Class action

A lawsuit where one plaintiff represents a group.

Test case funding

Financial support for cases designed to impact law.

Judicial ethics

Standards guiding judges' behavior and conflicts.

Judicial notice

Court's acceptance of a fact without formal proof.

Impeachment process

Procedure for removing federal judges from office.

Exclusionary rule

Prevents illegally obtained evidence from trial.

Fourth Amendment

Constitutional protection against unreasonable searches.

Lady Justice's blindfold

Symbol of impartiality in legal judgment.

Sanity requirements

A defendant must be sane at the crime, trial, and sentencing.

Supreme Court on death penalty and insanity

Prohibits execution of those deemed legally insane.

Impeachment basics

Formal accusation process for misconduct of judges.

Bork's confirmation battle

Significant event shaping the confirmation process post-1980s.

Cultural symbolism in nominations

Use of demographic representation in judicial appointments.

Judicial appointment pressure

Influence of public and political expectations on nominees.

Senate’s advice and consent role

Senate's responsibility to confirm judicial nominees.