APUS gov 6th

Term

Definition

Example

1.criminal law

Laws that define crimes against the public order and establish punishments for those crimes. These cases are prosecuted by the government against individuals or organizations.

A person charged with robbery could face jail time or fines under criminal law.

2.civil law

Laws that deal with disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. These cases usually involve private parties.

A lawsuit between two neighbors over property boundaries is a civil law matter.

3.common law

A legal system based on judicial decisions and precedent rather than statutory laws. Judges interpret and apply laws in ways informed by previous cases.

In a defamation case, a judge may rely on rulings from similar past cases to guide their decision.

4. Standing to sue

The requirements that plaintiffs have a serious interest in a case which depends on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government

A person cannot sue a government agency for environmental damage unless they can prove how the damage directly affects them.

5. class action suits

Lawsuits in which a small number of people sue on behalf of all people in similar circumstances

Consumers suing a company for selling defective products represent all buyers of the defective product.

7. amicus curiae briefs

Legal briefs submitted by a friend of the court for the purpose of influencing a court's decision by raising additional points of view and presenting information not contained in the briefs of the formal parties.

A civil rights organization submitting a brief in a Supreme Court case on LGBTQ+ discrimination to provide historical and legal context.

8. original jurisdiction

The jurisdiction of courts that hear a case first usually in a trial these are the courts that determine the facts about a case

Federal district courts have original jurisdiction over cases involving violations of federal law.

9. appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts these courts do not review the factual record only the legal issues involved

The U.S. Courts of Appeal hear appeals from federal district courts

10. districts courts

The 91 federal courts of original jurisdiction are the only federal courts in which trials are held and in which juries may be impaneled.

A case involving federal tax fraud would be tried in a U.S. District Court.

11. courts of appeal

Appellate courts are empowered to review all final decisions of district courts except in rare cases in addition they also hear appeals to orders of many federal regulatory agencies.

A corporation appealing a penalty issued by the Environmental Protection Agency may have its case heard in a Court of Appeal.

12. Supreme Court (Constitution)

The pinnacle of the American judicial system The court ensures uniformity in interpreting national laws resolved conflicts among states and maintains national supremacy in law; it has both original jurisdiction and appellate jurisdiction. 

The Supreme Court resolved state conflicts over election laws in Bush v. Gore (2000).

13. Sandra Day O’Connor

The first woman appointed to the U.S. Supreme Court (1981). She was known for her pragmatic and centrist opinions.

O’Connor cast the decisive vote in Planned Parenthood v. Casey (1992), upholding abortion rights.

14. writ of certiorari 

When the Supreme Court of the United States (SCOTUS) decides to hear a case.

The Supreme Court granted certiorari in Brown v. Board of Education to address segregation in public schools.

15. senatorial courtesy (factors)

An unwritten tradition whereby nominations for state level federal judicial posts are usually not confirmed if they are opposed by a senator of the presidents party from the state in which the nominee will serve, the tradition also applies to courts of appeals when there is opposition from a senator of the president's party who is from the nominees state.

A federal judicial nominee is unlikely to be confirmed if opposed by a senator from the president’s party representing the nominee’s state.

16. solicitor general 

A presidential appointee and the third ranking office in the department of justice the solicitor general is in charge of the appellate court litigation of the federal government

The Solicitor General argued in favor of the Affordable Care Act in National Federation of Independent Business v. Sebelius (2012).

17. opinion

A statement of legal reasoning behind a judicial decision the content of an opinion may be as important as the decision itself.

The majority opinion in Roe v. Wade provided legal reasoning for protecting abortion rights under the right to privacy.

18. stare decisis

A latin phrase meaning let the decision stand most cases researching appellate courts are settled on this principle

The Supreme Court upheld Miranda v. Arizona (1966) in later cases, maintaining the requirement to inform suspects of their rights.

19. precedent

How similar cases have been decided in the past

The ruling in Brown v. Board of Education set a precedent for declaring segregation unconstitutional.

20. original intent

The interpretation of the Constitution based on what the framers originally intended.

Example: Originalists argue that the Second Amendment protects individual gun ownership because that was the framers' intent.

21. judicial implementation

The process of enforcing or carrying out a court’s decision through practical measures.

After Brown v. Board of Education, federal troops were sent to enforce desegregation in schools.

22. Marbury v. Madison

The 1803 case in which the supreme court asserted its right to determine the meaning of the US constitution the decision established the courts power of judicial review over acts of congress.

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23. judicial review

The power of the courts to determine whether acts of congress and by implication the executive are in accord with the us constitution judicial review was established by marbury v madison.

The Supreme Court invalidated parts of the Voting Rights Act in Shelby County v. Holder (2013) through judicial review.

24. Courts: Warren, Burger, Rehnquist, Roberts

The Warren court: Warren Court (1953–1969), presided over by Chief Justice Earl Warren. Scarcely had President Eisenhower appointed Warren when the Court faced the issue of school segregation. In 1954, it held that laws requiring segregation of the public schools were unconstitutional. Later it expanded the rights of criminal defendants, extending the right to counsel and protections against unreasonable search and seizure and self-incrimination. It ordered states to reapportion both their legislatures and their congressional districts according to the principle of one person, one vote, and it prohibited organized prayer in public schools. 

The Burger court: Warren E. Burger, then a conservative judge on the District of Columbia Court of Appeals. As Nixon hoped, the Burger Court turned out to be more conservative than the liberal Warren Court. It narrowed defendants’ rights, though it did not overturn the fundamental contours of the Miranda decision. The conservative Burger Court, however, also wrote the abortion decision in Roe v. Wade, required school busing in certain cases to eliminate historic segregation, and upheld affirmative action programs in the Weber case. One of the most notable decisions of the Burger Court weighed against Burger’s appointer, Richard Nixon. At the height of the Watergate scandal, the Supreme Court was called on to decide whether Nixon had to turn his White House tapes over to the courts. It unanimously ordered him to do so in United States v. Nixon (1974), thus hastening the president’s resignation

The Rehnquist Court: Chief Justice William Rehnquist, composed a clear Supreme Court majority.

The Roberts Court: John Roberts replaced Rehnquist as chief justice, but the basic divisions on the Court have remained relatively stable. Like the Burger Court, the Supreme Court in recent years has been conservative, and like both the Warren and the Burger Courts, it has been neither deferential to Congress nor reluctant to enter the political fray. The Court’s decision in Bush v. Gore (2000) that decided the 2000 presidential election certainly represents a high point of judicial activism.

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25. US v. Nixon (1974)

A landmark Supreme Court case that limited presidential power, ruling that the president is not above the law and cannot use executive privilege to withhold evidence in criminal investigations.

During the Watergate scandal, President Nixon claimed executive privilege to refuse the release of tape recordings requested in a subpoena. The Supreme Court unanimously ruled against Nixon, stating that executive privilege is not absolute and must yield to the demands of due process and the rule of law.

26. judicial restraint

An approach to decision making in which judges play minimal policy making roles and defer to legislatures whenever possible.

A court upholding a controversial law despite personal objections reflects judicial restraint.

27. judicial activism

An approach to decision making in which judges sometimes make bold policy decisions even charting new constitutional ground.

Obergefell v. Hodges, which legalized same-sex marriage, is seen as judicial activism.

28. statutory construction

The process of interpreting and applying legislative statutes.

Courts debated the interpretation of the Affordable Care Act regarding healthcare subsidies.

29. civil liberties v. civil rights

Civil Liberties: Protections from government interference (e.g., freedom of speech).

Civil Rights: Protections against discrimination and ensuring equal treatment (e.g., voting rights).

The First Amendment protects civil liberties; the Civil Rights Act protects civil rights.

30. Bill of Rights

The first 10 amendments to the US constitution drafted in response to some of the anti federalist concerns these amendments define such basic liberties as freedom of religion, speech and press and guarantee defendants rights.

The first 10 amendments to the Constitution, outlining fundamental rights and protections.

31. First Amendment

The constitutional amendment that establishes the four great liberties freedom of the press of speech of religion and of assembly.

Protests against government policies are protected under the First Amendment.

32. Fourteenth Amendment

The constititonal amendment adopted after the civil war that declares no state shall make or enforce any law which shall abridge the privileges of immunities of citizens of the united states nor shall any state deprive any person of life libery or property without due process of law nor deny to any person within its jurisidictoin the equal protection of the laws.

Used in Brown v. Board of Education to argue against racial segregation.

33. incorporation doctrine

The legal concept under which the supreme court has nationalized the bill of rigths by making most of its provisions applicable to the states through the fourteenth amendment.

Gideon v. Wainwright incorporated the right to counsel into state law.

34. establishment clause

Part of the first Amendment stating that congress shall make no law respecting an establishment of religion

Laws requiring school prayer were ruled unconstitutional under this clause.

35. free exercise clause

Protects individuals’ rights to practice their religion freely.

Courts ruled in favor of a family refusing vaccines for religious reasons.

36. prior restraint

Government actions preventing material from being published prior restraint is usually prohibited by the first amendment as confirmed in near v. minnesota.

The Court struck down prior restraint in Near v. Minnesota.

37. libel

Publishing false statements harming someone's reputation

A public figure suing a newspaper for defamation.

38. symbolic speech

Nonverbal actions expressing opinions, often protected under the First Amendment.

burning the American flag as a political statement.

39. commercial speech

Speech promoting commercial transactions, subject to regulation.

False advertising is not protected under the First Amendment.

40. probable cause

Sufficient reason for police to conduct a search or arrest.

Finding illegal items in plain view justifies a search.

41. unreasonable search + seizure

Conducting a search without proper cause or warrant.

Evidence obtained without a warrant is inadmissible.

42. search warrant

Legal authorization for law enforcement to conduct a search.

  A warrant to search a suspect’s home for illegal drugs.

43. exclusionary rule

Prohibits the use of illegally obtained evidence in court.

Evidence obtained without a warrant was excluded in Mapp v. Ohio.

44. Fifth Amendment

protects against self-incrimination and double jeopardy, ensuring due process.

A suspect refusing to answer questions during interrogation.

45. self-incrimination

Testifying against oneself in a criminal case, protected against by the Fifth Amendment.

A defendant invoking the right to remain silent.

46. Sixth Amendment

Guarantees a fair trial, including the right to an attorney.

Gideon v. Wainwright established the right to counsel for defendants.

47. plea bargaining

An agreement where a defendant pleads guilty to a lesser charge to avoid trial.

A defendant pleading guilty to manslaughter instead of murder.

48. Eighth Amendment 

Protects against excessive bail, fines, and cruel and unusual punishment.

The Court ruled against the death penalty for minors in Roper v. Simmons.

49. cruel and unusual punishment

50. right to privacy

Punishment deemed inhumane or disproportionate to the crime.

An implied right protecting personal autonomy from government intrusion.

Prohibiting the execution of mentally disabled individuals.

The right to access contraception as recognized in Griswold v. Connecticut.

51. civil rights

Protections ensuring equal treatment under the law.

The Civil Rights Act of 1964 outlawed discrimination in public spaces.

52. Fourteenth Amendment

Adopted after the Civil War in 1868, this amendment guarantees citizenship to all persons born or naturalized in the United States, prohibits states from depriving any person of life, liberty, or property without due process of law, and ensures equal protection of the laws for all individuals.

The Fourteenth Amendment was the basis for the Supreme Court’s decision in Brown v. Board of Education (1954), which declared school segregation unconstitutional under the Equal Protection Clause.

53. due process clause

A provision in the Fourteenth Amendment (and also in the Fifth Amendment) that prohibits the government from depriving any person of life, liberty, or property without due process of law. This ensures fair legal procedures and protections from arbitrary actions by the government.

The Supreme Court used the Due Process Clause in Roe v. Wade (1973) to establish a woman’s right to privacy, protecting access to abortion. Similarly, it was cited in Gideon v. Wainwright (1963) to guarantee the right to legal counsel for criminal defendants.

54. equal protection of the laws 

Ensures no individual or group is denied equal protection under the law.

Striking down same-sex marriage bans under this principle.

55. Thirteenth Amendment

Abolished slavery and involuntary servitude.

Ratified in 1865, ending legal slavery in the U.S.

56. de jure & de facto segregation

De Jure: Legal segregation (e.g., Jim Crow laws).

De Facto: Segregation by social practices.

De facto segregation in housing persists despite legal protections.

56. Civil Rights Act of 1964

Landmark legislation outlawing discrimination based on race, color, religion, sex, or national origin.

Prohibited employment discrimination under Title VII.

57. Fifteenth Amendment

Prohibited denying voting rights based on race or color.

Overturning voter suppression laws targeting African Americans.

58. poll taxes

Fees charged to vote, used to disenfranchise African Americans.

Abolished by the Twenty-Fourth Amendment.

59. Twenty-Fourth Amendment

Prohibited poll taxes in federal elections.

ensured voting rights for all regardless of economic status.

60. Nineteenth Amendment

Granted women the right to vote in 1920.

A major milestone in the women’s suffrage movement.

61. ERA

Equal Rights amendment 

Proposed amendment ensuring gender equality.

Never ratified but remains influential in gender equality debates.

62. Title IX of the Education Act (1972)

Prohibits gender discrimination in federally funded education programs.

Mandating equal funding for women’s sports.

63. comparable worth

Concept advocating equal pay for jobs requiring similar skills and responsibilities.

Addressing wage gaps between male and female-dominated professions.

64. American Disability Act (1990)

Prohibits discrimination against individuals with disabilities.

requiring wheelchair-accessible entrances in public buildings.

65. affirmative action

Policies favoring individuals from historically disadvantaged groups.

University admissions giving preference to underrepresented minorities.