AP Government Unit 2 Vocab

Appellate court

Higher court that reviews decisions made by lower courts —> examines legal record, not evidence, to ensure no error was made

stare decisis

legal doctrine of precedent

jurisdiction

Authority of a court or political body to hear a case, apply the law, and make a decision. Can also refer to territory this authority can be exercised

dissenting opinion

Judges disagreement w majority opinion

Briefs

a concise document that summarizes key information for decision-makers

Political activism

Judges use their power to create new laws and change existing ones to fit social and political climate

Judicial Review

power of courts to examine and invalidate actions taken by the legislative and executive branches of government

Judicial Restraint

A judicial philosophy where judges limit their own power by deferring to the elected branches of government and adhering strictly to precedent and the original intent of the law

Trial court

Court of original jurisdiction, is the court where a case is heard for the first time

Rule of Four

At least 4 of the 9 judges agree to grant a writ of certiorari

amicus curiae briefs

legal document filed by an individual or organization who is not a party to a case but has an interest in its outcome

libel/slander

defamation- publishing a false and defamatory statement that harms someone's reputation —> not protected by the First Amendment (Libel is written, slander is spoken)

Privileges and Immunities

Prohibits states from discriminating against out-of-state citizens regarding fundamental rights

Selective incorporation

The constitutional doctrine that applies certain protections of the Bill of Rights to state governments through the Fourteenth Amendment's Due Process Clause

pure/symbolic speech

Pure is spoken or written, symbolic is through actions/ symbols to convey message

Time, Manner, and Place restrictions

Government regulations that control the time, location, and method of expression without prohibiting the expression itself

14th Amendment +Due process

Due process allows for people to make a case before government deprives them of life, liberty or property. No state could deprive any person of life, liberty, or property without due process of law

Selective Incorporation Doctrine

The principle that the U.S. Supreme Court uses to apply specific provisions of the Bill of Rights to state governments through the Due Process and Equal Protection clauses of the Fourteenth Amendment. This "selective" process happens on a case-by-case basis, incorporating only those rights the Court deems "fundamental"