Unit 4 Constitution and the Courts

Incorporation Doctrine

Applicable items from the bill of rights were applied to the States

Selective Incorporation

we choose which rights are fundamental

Affirmative Action

Policies that aim to increase opportunities for historically marginalized groups in education and employment.

Litigants

individuals or groups involved/would be effected in a lawsuit, who seek legal remedy

Eminent Domain

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

Due Process

The legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment through the judicial system.

Equal Protection

The principle that individuals must be treated equally under the law, prohibiting discrimination by the government based on race, gender, or other characteristics.

Certiorari

The supreme courts decision of which cases to hear

Writ of Mandamus

A court order directing a public official to perform a specific act or duty.

Originalism

An interpretation theory that states the Constitution should be understood as it was at the time of its enactment, emphasizing the original meaning of its text.

Judicial Activism

Constitutionalism requires the court’s need to play an active role in policy-making

Judicial Restriant

Courts shouldn’t play a role in policy making

Living Evolving

Constitutional interpretation that adapts over time, reflecting contemporary values and societal changes.

Strict Constitution

Interpretation that adheres closely to the text of the Constitution as originally written.

Loose Constitution

If it’s not prohibited in the Constitution, then the government can do it

Independ Judiciary

A court system that operates independently of the other branches of government, ensuring fair and impartial justice.

Bench Warrant

A court order that authorizes the arrest of an individual for failing to appear in court as required.

2 Week Schedule

A structured plan that outlines daily tasks and activities to be completed over a two-week period:

bench: 2 weeks work in the courtroom

conference: a place for only justices, debate cercarias and results of oral arguments

Subject Matter Jurisdiction

The authority of a court to hear cases based on the specific subject matter involved, determining which court has the right to adjudicate a particular type of case. W

What are the 4 types of Subject Matter Jurisdiction

• federal law

• international law

• constitutional law

• maritime law

Tinker Standard

Students nor teachers can hardly be expected to shed their constitutional rights at the school house unless those rights interfere with the mission of the school

Bethel Rule

The school within broad parameters can define and interept it’s own mission

Diversity of Citizenship

A form of subject matter jurisdiction allowing federal courts to hear cases where the parties are citizens of different states or a foreign country.

Preductal vs Probative

weigh effects and facts/relatedness

Vori dier

To hear and to speak, the process in which lawyers use to get an impartial jury

Baston Rule

You cannot be asked to leave a jury based on race and gender

Rule of 4

If 4 of the supreme court members want to hear a case, then it is placed on agenda

Worthiness

Reason that the supreme court would want to hear a case

Tier 1

Disagreement amounst the courts

Tier 2

Constitutional Clarification

Reason for case to be Tier 2

• unique policy

• huge social significance

Tier 3

Hobby Issue

Shadow Docking

Making administrative decisions without hearing the full case

Unworthiness

Reasons that the court wouldn’t hear a case

Reasons or Unworthiness

• fungible/replaceable

• political question

• silly

• unclear facts

• justiciability

• pipeline/percolation(wait till lower courts hear

Amicuie Curiae

Lidigates indirectly involved and effected send in their arguments

Stare Decisis

Let the decision stand; respect the common law and applies to all circuts

The paper debate

feedback and convince others on the court to side with your

Reverse Incorporation

rights originally intented to protect from state, national government has to follow if deemed fundamental

Natural rights theory to unenumerated rights

any right that you have in a state of nature that you didn’t give up in a social contract, you still have

Medium Scrutiny

rational basis test, if they are reasonable reasons directly related to bodily functions

High Scrutiny

a necessary goal that cannot be achieved in any other way, a compelling public interest narrowly tailored, least obnoxious way

Standing

directly harmed by something

Minimum Scrutiny

Fundamentally different and there is other factors in play