Constitutional Law Review Flashcards

Flashcards for Constitutional Law Exam Review

Constitutional Law

The body of law that defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.

Burden of Proof

The obligation to prove one's assertion.

Beyond a Reasonable Doubt

The standard of proof used in criminal cases; the prosecution must prove guilt so there's no plausible doubt in the mind of a reasonable person that the defendant is guilty.

Preponderance of Evidence

The standard of proof used in civil cases; it means that it is more likely than not that the fact is true.

Articles of Confederation

The first government established by the newly independent colonies which failed due to a weak central government.

Federalists

Those in favor of the new Constitution who wanted a strong central government.

Antifederalists

Those opposed to the new Constitution who feared the power of a strong central government.

Federalist Papers

A series of essays written by James Madison, Alexander Hamilton, and John Jay that argued for the ratification of the United States Constitution. Helped persuade states to adopt the Constitution.

Bill of Rights

First 10 amendments to the Constitution that protect individual rights and liberties.

Equality and Human Rights

All citizens are equal under the law and possess fundamental rights.

Rule of Law

Principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

Citizen Participation

Citizens have the right and duty to participate in their government.

Free and Fair Elections

Elections where all citizens can vote, and votes are counted accurately.

Political Tolerance

Willingness to respect the different opinions and viewpoints of others.

Accountability and Transparency

Government is open and accountable to citizens.

Independent Judiciary

The judicial branch is free from influence of other branches or private interests.

Dual Court System

A court system consisting of both state and federal courts.

Original Jurisdiction

The power of a court to hear a case for the first time.

Appellate Jurisdiction

The power of a court to review decisions of lower courts.

Litmus Test

An examination of the political ideology of a nominated judge.

Senatorial Courtesy

The practice of consulting with senators from the state when appointing federal judges.

Rule of Four

A Supreme Court practice that permits four of the nine justices to grant a writ of certiorari.

Amicus Curiae Brief

A legal document filed in appellate courts by non-litigants with a strong interest in the subject matter.

Executive Privilege

The right of the president to withhold information from Congress or the courts.

Executive Order

A directive issued by the president that has the force of law.

Civil Liberties

Basic rights and freedoms guaranteed to individuals as protection from government action.

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

Incorporation Doctrine

The application of the Bill of Rights to the states through the 14th Amendment.

Habeas Corpus

A writ requiring a person under arrest to be brought before a court or judge to secure the person's release unless lawful grounds are shown for their detention.

Bill of Attainder

A legislative act finding a person guilty of treason or felony without a judicial trial.

Ex Post Facto

Laws that retroactively change the legal consequences of acts committed before the enactment of the law.

Strict Scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.

Intermediate Scrutiny

A test used by the Supreme Court in gender discrimination cases; places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional.

Rational Basis

A standard of judicial review that examines whether a legislature had a reasonable basis for enacting a particular law.

Asset Forfeiture

Government seizure of property and other assets derived from or used in criminal activity.