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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.
