ap gov judiciary

Amicus curiae briefs

"Friend of the court" documents filed by outside groups to provide information or arguments for a case.

Appellate jurisdiction

The power of a higher court to review and change the decision of a lower court.

Associate justice

Any of the eight members of the Supreme Court who are not the Chief Justice.

Brandeis brief

A legal brief that relies on scientific and social science data rather than just legal citations.

Brief

A written legal argument submitted to a court.

Chief Justice

The highest-ranking justice on the Supreme Court who presides over sessions and manages the court.

Civil disobedience

The refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest.

Civil law

The system of law concerned with private relations between members of a community rather than criminal affairs.

Concurring opinion

A written opinion by a justice who agrees with the majority decision but for different reasons.

Criminal law

The system of law concerned with the punishment of those who commit crimes against the state.

Defendant

The individual, company, or institution being sued or accused in a court of law.

Dissenting opinion

A written opinion by a justice who disagrees with the majority decision.

Docket

The official list of cases to be heard by a court.

Equal Protection Clause

14th Amendment clause prohibiting states from denying any person equal protection under the law.

Federal Appeals Court (Circuit Courts)

The intermediate level of the federal court system that hears appeals from district courts.

Federal District Court

The lowest level of federal courts where trials are held and cases begin.

Indictment

A formal charge or accusation of a serious crime.

Judicial activism

The philosophy that the court should take an active role in shaping social policy.

Judicial restraint

The philosophy that the court should defer to the elected branches of government.

Judicial review

The power of courts to declare acts of Congress or the Executive unconstitutional.

Majority opinion

The official ruling of the court that is joined by more than half of the justices.

Oral argument

Spoken presentations made by lawyers to the justices, usually involving intense questioning.

Original intent (Originalism/Textualism)

A method of interpretation focusing on the original meaning of the Constitution's authors.

Original jurisdiction

The authority to hear a case for the first time.

Plaintiff

The person or party who initiates a lawsuit.

Police power

The capacity of the states to regulate behavior and enforce order within their territory.

Precedent

A previous court decision that serves as a guide for future similar cases.

Rule of four

The requirement that four Supreme Court justices must agree to hear a case.

Solicitor General

The Department of Justice official who represents the U.S. government before the Supreme Court.

Standing to sue

The legal requirement that a plaintiff must have a direct stake in the outcome of a case.

Stare decisis

The legal principle of determining points in litigation according to precedent.

Statute of limitations

A law that sets the maximum time after an event within which legal proceedings may be initiated.

Strict Scrutiny Test

The most stringent standard of judicial review used for laws involving race or fundamental rights.

Writ of certiorari

A formal request by the Supreme Court to a lower court for the records of a case.

Writ of habeas corpus

A court order demanding that a prisoner be brought to court to determine if their detention is lawful.

Writ of mandamus

An order from a court to an inferior government official ordering them to properly fulfill their duties.

Bill of Rights

The first ten amendments to the Constitution.

Civil liberties

Legal and constitutional protections against government actions.

Clear & present danger test

Doctrine that government can limit speech only if it causes immediate harm.

Cruel & unusual punishment

Prohibited by the 8th Amendment; includes torture or degrading punishment.

Double jeopardy

The prosecution of a person twice for the same offense (prohibited by the 5th Amendment).

Due Process Clause

Provisions in the 5th and 14th Amendments that guarantee fair treatment through the judicial system.

Eminent domain

The power of the government to take private property for public use with just compensation.

Establishment Clause

1st Amendment clause prohibiting the government from establishing a state religion.

Exclusionary Rule

Legal rule that evidence obtained illegally cannot be used in a trial.

Fighting words

Words that by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Free Exercise Clause

1st Amendment clause protecting a person's right to practice their religion.

Incitement test

Standard that speech can only be restricted if it is intended to and likely to produce "imminent lawless action."

Lemon Test

A three-part test for determining if a law violates the Establishment Clause.

Libel

A written statement that unfairly or falsely harms a person's reputation.

Miranda Rights

The warning given by police to criminal suspects in custody advising them of their constitutional rights.

Obscenity (Miller v. CA, 1973)

Material that lacks serious literary, artistic, political, or scientific value and violates community standards.

Prior Restraint

Government actions that prevent material from being published; censorship.

Probable cause

Reasonable grounds for making a search or pressing a charge.

Reasonable suspicion

A legal standard of proof that is less than probable cause but more than a hunch.

Search warrant

A legal document authorizing a police officer to enter and search premises.

Selective incorporation

The process of making the Bill of Rights applicable to the states on a case-by-case basis.

Self-incrimination

Being forced to testify against oneself (prohibited by the 5th Amendment).

Slander

The action or crime of making a false spoken statement damaging to a person's reputation.

Symbolic speech

Nonverbal communication, such as burning a flag or wearing an armband.

13th Amendment

Abolished slavery and involuntary servitude.

14th Amendment

Guaranteed citizenship, due process, and equal protection for all persons born or naturalized in the U.S.

15th Amendment

Prohibited the denial of the right to vote based on race, color, or previous condition of servitude.

19th Amendment

Guaranteed women the right to vote.

24th Amendment

Prohibited the use of poll taxes in federal elections.

Affirmative Action

Policy designed to give special attention to members of a previously disadvantaged group.

Americans with Disabilities Act (1990)

Law requiring "reasonable accommodations" and prohibiting discrimination against the disabled.

Civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government or individuals.

Civil Rights Act of 1964

Law that made racial discrimination in hotels, motels, and restaurants illegal and forbade many forms of job discrimination.

Civil Rights Act of 1968

Law that provided for equal housing opportunities regardless of race, religion, or national origin.

Class action suit

A lawsuit in which a small number of people sue on behalf of all other people similarly situated.

De facto segregation

Segregation that occurs by fact rather than by law (e.g., residential patterns).

De jure segregation

Segregation by law.

Dred Scott v. Sandford (1857)

Supreme Court decision stating that African Americans were not citizens and had no rights.

Equal Rights Amendment

A proposed amendment to the Constitution stating that equality of rights shall not be denied on account of sex (never ratified).

Feminism

The movement for social, political, and economic equality of the sexes.

Grandfather clause

An exemption that allowed people to vote only if their ancestors had voted before 1867.

Intersectionality

The interconnected nature of social categorizations such as race, class, and gender as they apply to a given individual.

Jim Crow laws

State and local laws that enforced racial segregation in the Southern United States.

Plessy v. Ferguson (1896)

Established the separate but equal doctrine.

Poll tax

A small tax levied on the right to vote.

Quota

A fixed number or percentage of minority group members that must be hired or admitted.

Separate but equal doctrine

The principle that racial segregation was constitutional as long as facilities were equal.

Suffrage

The legal right to vote.

Title IX

A law that prohibits sex discrimination in any education program receiving federal financial assistance.

Voting Rights Act of 1965

Law designed to help end formal and informal barriers to African American suffrage.

White primary

Primary elections in which only white voters were permitted to participate.