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concurrent opinion
A Supreme Court opinion that agrees with the majority decision but for different reasons
dissenting opinion
An opinion written by justices who disagree with the majority decision
“good behavior”
The condition under which federal judges serve for life unless impeached
judicial activism
The idea that judges should interpret the Constitution broadly and may overturn laws
judicial restraint
The idea that judges should limit their power and defer to elected branches
judicial review
The power of courts to declare laws unconstitutional
jurisdiction
original vs. appellate Original jurisdiction means the court hears the case first; appellate jurisdiction means the court reviews a lower court’s decision
litigant
A person or group involved in a lawsuit
litmus test
A method used to predict how a judge or nominee will rule on key issues
majority opinion
The official Supreme Court decision supported by more than half the justices
precedent
A previous court decision used as a guide for future cases
senatorial courtesy
A tradition where senators approve or reject judicial nominees from their state
stare decisis
The principle that courts should follow precedent
writ of certiorari
An order from the Supreme Court agreeing to hear a case
affirmative action
Policies that aim to increase opportunities for historically disadvantaged groups
Bill of Rights
The first ten amendments that protect individual freedoms
civil liberties
Protections against government power, mostly found in the Bill of Rights
civil rights
Government protections against discrimination
Civil Rights Act of 1964
Law that banned discrimination based on race, sex, religion, or national origin
Civil Rights movement
A social movement to end racial discrimination and segregation
clear and present danger doctrine
The government can limit speech if it poses an immediate threat
compelling state interest
A strong government reason required to justify limiting rights
cruel and unusual punishment
Punishment prohibited by the Eighth Amendment
de facto segregation
Segregation that occurs through social or economic conditions, not laws
de jure segregation
Segregation enforced by law
death penalty
Government punishment of execution for serious crimes
defamation
False statements that harm a person’s reputation
double jeopardy
Trying someone twice for the same crime, prohibited by the Fifth Amendment
due process clause
Guarantees fair legal procedures before the government can punish someone
eminent domain
The government’s power to take private property for public use with compensation
equal protection
clause Requires states to treat people equally under the law
establishment
clause Prevents the government from establishing an official religion
exclusionary rule
Evidence obtained illegally cannot be used in court
free exercise clause
Protects the right to practice religion freely
grand jury
A group that decides whether there is enough evidence to indict someone
grandfather clause
Laws that allowed people to bypass new restrictions based on past eligibility
hate speech
Offensive speech that is generally protected unless it incites violence
impartial
jury A jury that is unbiased and fair
indictment
A formal charge issued by a grand jury
injunction
A court order requiring someone to do or stop doing something
Jim Crow laws
State and local laws enforcing racial segregation
libel
Written defamation
majority
minority district A voting district created to increase minority representation
Miranda rule/warnings Rights read to suspects, including the right to remain silent
National Organization for Women (NOW)
Group advocating for women’s rights and equality
obscenity Speech
not protected by the First Amendment due to lack of social value
USA PATRIOT Act of 2001
Law expanding government surveillance powers after 9/11
poll tax
A tax required to vote, banned by the 24th Amendment
prior restraint
Government censorship before speech occurs
Pro
choice movement