adversary system
a judicial system in which the court of law is a neutral arena where two parties argue their differences
affirmative action
remedial action designed to overcome the effects of discrimination against minorities and women
amicus curiae brief
a “friend of the court” brief, filed by an individual or organization to present arguments in addition tot hose presented by the immediate parties to a case
appellate jurisdiction
authority of a court to review decisions made by lower courts
bad tendency test
interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action
bill of attainder
legislative act of inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group
civil disobedience
deliberate refusal to obey law or comply with orders of public officials as a means of expressing opposition
civil law
law that governs relationships between individuals and defines their legal rights
clear and present danger test
interpretation of the First Amendment that holds that the gov cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts
commercial speech
advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads
community policing
assigning police to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities
concurring opinion
opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
Contract clause
clause of the Constitution (Article I, Section 10) originally intended to prohibit state governments from modifying contracts made b/w individuals; for a while interpreted as prohibiting state govs form taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state govs from exercising their police powers
court of appeals
court with appellate jurisdiction that hears appeals from the decisions of lower courts
criminal law
law that defines crimes against the public order
defendant
in a criminal action, the person or party accused of an offense
dissenting opinion
opinion disagreeing w a majority in a Supreme Court ruling
docket
list of potential cases that reach the Supreme Court
double jeopardy
trial or punishment for the same crime by the same gov; forbidden by the Constitution
dual citizenship
citizenship in more than one nation
due process clase
clause in the Fifth Amendment limiting the power of the national gov; similar clause in the Fourteenth Amendment prohibiting state govs from depriving any person of life, liberty, or property without due process of the law
due process
established rules and regualtions that restrain gov officials
eminent domain
power of a gov to take private property for public use; the US Constitution gives national and state govs this power and requires them to provide just compensation for property so taken
establishment clause
clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid gov support to any or all religions
ex post facto law
retroactive criminal law that works to the disadvantage of a person
exclusionary rule
requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial
fighting words
words that by their very nature inflict injury on those to whom they are addressed or incites them to acts of violence
free exercise clause
clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion
grand jury
a jury of 12 to 23 persons who, in private, hear evidence presented by the gov to determine whether persons shall be required to stand trial. if the jury believes there is sufficient evidence that a crime was committed, it issues an indictment
immunity
exemption from prosecution for a particular crime in return for testimony pertaining to the case
indictment
formal written statement from a grand jury charging an individual with an offense; also called a true bill
judicial activism
philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
judicial restraint
philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
judicial review
power of a court to refuse to enforce a law or a gov regulation that in the opinion of the judges conflicts with the US Constitution or, in a state court, the state constitution
justiciable dispute
dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
libel
written defamation of another person. for public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid
Marbury v. Madison
landmark case in the US law and the basis for the exercise of judicial review in the US, under Article III of the Constitution
natural rights
rights of all people to dignity and worth; aka human rights
naturalization
legal action conferring citizenship of an alien
nonprotected speech
libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances
obscenity
quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
Opinion of the Court
explanation of the decision of the Supreme Court or any other appellate court
original jurisdiction
authority of a court to hear a case “in the first instance”
petit jury
a jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action
plea bargain
agreement b/w a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense
police powers
inherent powers of state govs to pass laws to protect the public health, safety, and welfare; the national gov has no directly granted police powers but accomplishes the same goals through other delegated powers
precedent
decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts
preferred position doctrine
interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that govs should not punish persons for what they say, only for what they do
prior restrant
censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional
procedural due process
constitutional requirement that govs proceed by proper methods; limits how gov may exercise power
property rights
rights of an individual to own, use, rent, invest in, buy, and sell property
public defender system
arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys
racial profiling
police targeting of racial minorities as potential suspects of criminal activities
regulatory taking
gov regulation of property so extensive that gov is deemed to have taken the property by the power of eminent domain, for which it must compensate the property owners
right of expatriation
right to renounce one’s citizenship
search warrant
writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized
sedition
attempting to overthrow the gov by force or use violence to interrupt its activities
selective incorporation
process by which provisions of the bill of rights are brought within the scope of the 14th Amendment and so applied to state and local govs
senatorial courtesy
presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work
stare decisis
rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
substantive due process
constitutional requirement that govs act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the gov may do
vouchers
money the gov provides to parents to pay their children’s tuition in a public or private school of their choice
women’s suffrage
right of women to vote
writ of certiorari
formal write used to bring a case before the Supreme Court
writ of habeas corpus
court order requiring explanation to a judge why a prisoner is being held in custody
writ of mandamus
court order directing an official to perform an official duty