AP Gov Chapter 6+8

Judicial Review

The Supreme Court's power to decide whether laws or actions are constitutional.

Judicial Restraint

When judges stick closely to past rulings and the original intent of the Constitution.

Judicial Activism

When judges take an active role in policymaking by interpreting laws in new ways.

Criminal Law

Laws that define crimes and their punishments.

Civil Law

Laws that deal with private disputes between people or organizations.

Federalist No. 78

A paper by Alexander Hamilton that explains why the judiciary should be independent and have judicial review.

Original Jurisdiction

A court's power to hear a case first, before any appeals.

Appellate Jurisdiction

A court's power to review and possibly change the outcome of a lower court's decision.

Federal District Courts

The lowest level of federal courts where trials are held.

Federal Courts of Appeals

The Courts that review cases from lower federal courts but do not hold trials.

Precedent

Past court decisions that guide future cases.

Stare Decisis

The practice of following previous legal decisions.

Majority Opinion

The official ruling of the Supreme Court, supported by most justices.

Concurring Opinion

A separate opinion written by a justice who agrees with the majority but for different reasons.

Dissenting Opinion

A justice's written disagreement with the majority opinion.

Establishment Clause

The government cannot create or support an official religion.

Free Exercise Clause

People have the right to practice any religion or no religion.

Bill of Rights

The first 10 amendments to the Constitution that protect individual freedoms.

Civil Liberties

Rights and freedoms that the government cannot take away, like free speech.

Due Process Clause

The government must follow fair legal procedures before taking away life, liberty, or property.

Equal Protection Clause

The government must treat all people equally under the law.

Selective Incorporation

The process by which parts of the Bill of Rights apply to states through the 14th Amendment.

Freedom of Press

The right of journalists to publish information without government control.

Prior Restraint

When the government tries to stop something from being published before it happens.

Clear and Present Danger Test

A rule that limits free speech if it casues immediate danger, like shouting "fire" in a crowded theater.

Symbolic Speech

Actions that express an idea without spoken words, like burning a flag.

Libel

Publishing false statements that harm someone's reputation.

Slander

Speaking false statements that harm someone's reputation.

Obscenity/Pornography

Material that is offensive and lacks serious value, which courts decide case by case.

Ex Post Facto Laws

Laws that punish people for actions that were legal when they did them.

Bill of Attainder

Laws that declare someone guilty without a trial.

Writ of Habeas Corpus

The right to challenge being imprisoned without reason.

Procedural Due Process

The government must follow fair steps before punishing someone.

Warrant

A legal document that allows police to search or arrest someone.

Probable Clause

A strong reason for police to believe a crime has been committed.

Exclusionary Rule

Evidence collected illegally cannot be used in court.

Grand Jury

A group of citizens that decide whether someone should be charged with a crime.

Double Jeopardy

A person cannot be tried twice for the same crime.

Miranda Rights

The rights read to suspects when they are arrested, including the right to remain silent.

Bail

Money paid to get out of jail while waiting for trial.

The Americans with Disabilities Act

A law that protects people with disabilities from discrimination.