Honors Government Unit 6 Vocab

common law

A legal system based on custom and court rulings

precedent

How similar cases have been decided in the past.

Plessy v Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities "separate but equal"

Brown v Board of Education

1954 case that overturned "Separate but Equal" standard of discrimination in education.

statutory laws (statutes)

laws passed by a state or the federal legislature

civil law

the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

criminal law

A law that defines crimes against the public order.

lawsuits

cases in which a court is asked to settle a dispute

misdemeanor

(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

felony

A serious crime

capital crime

a crime that is punishable by death

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial.

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.

written arguments (to SCOTUS)

legal summaries submitted by lawyers to the Supreme Court for review

oral arguments (to SCOTUS)

30-minute spoken presentations given by lawyers to the Supreme Court to argue their side of the case

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion for reference in future cases

judicial review

Allows the court to determine the constitutionality of laws

Marburry v Madison

1803 Supreme Court case that established the principle of "judicial review."

judicial nomination

The presidential power to appoint Supreme Court Justices.

judicial confirmation

senate approval of judicial appointments

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

originalism

A view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservatives support this view.