Studied by 12 people
writ of certiorari
an order by the Court directing a lower court to send up the record in a given case for review
amicus curiae (brief)
legal Latin term meaning "friend of the court"; a document that consists of written arguments presented to a court in support of one side in a dispute
majority opinion
the opinion on which the decision of the Court is based, which identifies the issues in the case and reasons for the decision
concurring opinion
an opinion that agrees with the decision that the Court has made but for different reasons
dissenting opinion(s)
an opinion written by a justice who does not agree with the Court's decision, explaining the reasons why not
judicial review
the power of a court to determine the constitutionality of a governmental action
stare decisis(from merriam-webster)
a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice
swing vote(rs)
members of the electorate who have not made up their minds at the start of the campaign and are open to persuasion by either side
incorporation
the process by which a State establishes a city as a legal body; the term comes from the Latin words in (into) and corpus (body)
establishment clause
part of the 1st Amendment of the Constitution that guarantees the separation of church and State
free exercise clause
the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion
precedent
court decision that stands as an example to be followed in future, similar cases
symbolic speech
expression by conduct; communicating ideas through facial expressions, with body language, or by carrying a sign or wearing an armband
seditious speech
advocating, or urging, an attempt to overthrow the government by force or to disrupt its lawful activities with violence
prior restraint
idea that government cannot curb ideas before they are expressed
shield laws
laws that give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings
picketing
patrolling of a business site by workers who are on strike
alien
foreign-born resident, or noncitizen
illegal alien(from merriam-webster)
a foreign person who lives in a country without having official permission to live there
naturalization
the legal process by which citizens of one country become citizens of another
exclusionary rule
ruling stating that evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
self-incrimination(from merriam-webster)
the giving of testimony which will likely subject one to criminal prosecution
separate but equal doctrine
doctrine established by the Court in the case Plessy v. Ferguson, in which it ruled that segregation could be maintained if the separation treated spareted races equally
Jim Crow laws
category of laws that were drafted for the purpose of discriminating against African Americans
affirmative action
a policy of taking active steps to remedy past discrimination
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