GOPO Terms Quiz #4

Criminal Law

Cases arising from actions that allegedly violate laws, protecting the health, safety, morals, and welfare of the community

Civil Law

Cases involving disputes among individuals or between the government and individuals that do not involve criminal penalties

Precedents

Class Action Suit

A lawsuit in which a large number of people with common interests join together under a representative party to bring or defend a lawsuit

Brief

A written document in which an attorney explains- using case precedents- why a court should rule in favor of a client

Concurrence

An opinion agreeing with the decision of the majority in a Supreme Court case with a rationale difference from the one provided in the majority opinion

Civil Liberties

The protections of citizens from improper governmental action

Civil Rights

The rules that government must follow in regard to the treatment of individuals, especially concerning participation in political and social life

Precedents

Past cases whose principles are used by judges as the bases for their decisions in present cases

Stare Decisis

“let the decision stand”- the doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled

Appellate Jurisdiction

The class of cases provided by in the Constitution and by legislation that may be appealed to a higher court from the lower court

Original Jurisdiction

The class of cases provided in the Constitution (Article III) that may be taken directly to a federal court (not necessarily the Supreme Court)

Due Process

The requirements that citizens be treated according to the law and be provided adequate protection for individual rights

Writ of Habeus Corpus

A court order demanding that an individual in custody be brought into court and shown the cause for detention; guaranteed by the constitution and can be suspended only in cases of rebellion or invasion

Senatorial Courtesy

The practice whereby the president, before formally nominating a person for a federal district judgeship, finds out whether there the senators from the candidates state support the nomination

Judicial Review

The power of the courts to determine whether the actions of the president, the Congress, and the state legislatures are consistent with the constitution

Standing

The requirement that anyone initiating a court case must show a substantial stake in the outcome

Writ of Certiorari

A formal request to have the Supreme Court review a decision of a lower court

Amicus Curiae

“Friend of the court”- an individual or group that is not a party to a lawsuit but has a strong interest in influencing the outcome

Opinion

The written explanation of the Supreme Court’s decision in a certain case

Dissenting Opinion

A decision written by a justice who voted with the minority opinion- justice fully explains their reasoning behind their opinion

Judicial Restraint

The judicial philosophy that the Supreme Court should refuse to go beyond the text of the Constitution in interpreting its meaning

Judicial Activism

The judicial philosophy that the Supreme Court should see beyond the text of the Constitution or a statute to consider the broader societal implications of its decisions

Exclusionary Rule

The requirement that courts exclude evidence obtained that violate the fourth amendment

Strict Scrutiny

The strictest standard of judicial review of a government’s actions, in which the government must show that the law serves a “compelling state interest”

Affirmative Action

Policy/Program designed to correct historical injustice committed against specific groups by making special effort to provide members of these groups with access to educational and employment opportunities