Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
85 Cards in this Set
- Front
- Back
rule of law
|
the framework of a society in which pre-established norms and procedures provide for consistent, neutral decision making
|
|
vague laws
|
laws that either fail to define their terms or use such general language that neither citizens nor judges know with certainty what the laws permit or punish
|
|
discretion
|
the authority to determine the proper outcome
|
|
overbroad law
|
violates the principles of precision and specificity in legislation
|
|
stare decisis
|
literally, "stand by the previous decision."
|
|
precedent
|
case judgment that establishes binding authority and guiding principles for cases to follow on closely analogous questions of law within the court's jurisdiction.
|
|
facial challenges
|
a broad legal claim based on the argument that the challenged law or government policy can never operate in compliance with the constitution
|
|
jurisdiction
|
the geographic or topical area of responsibility and authority of court, refers to a court's authority to hear a case
|
|
forum shopping
|
A plaintiff choosing a court in which to sue because he or she believes the court will rule in the plaintiff's favor
|
|
due process
|
fair legal proceedings. Due process is guaranteed by the 5th and 14th amendments
|
|
de novo
|
literally, "anew" or "over again." On appeal, the court may review the fats de novo rather than simply reviewing the legal posture and process of the case
|
|
amicus brief
|
a submission to the court from an amicus curiae ("friend of the court") an interested individual or organization who is not a party in the case
|
|
en banc
|
literally, "on the bench" but now meaning "in full court." The judges of a circuit court of appeals will sit en banc to decide important or controversial cases
|
|
affirm
|
to ratify, uphold or approve a lower court ruling
|
|
overrule
|
to reverse the ruling of a lower court
|
|
concurring opinion
|
a separate opinion of a minority of the court or a single justice agreeing with the majority opinion but applying different reasoning or legal principles
|
|
dissenting opinion
|
a separate opinion of a minority of the court or a single justice disagreeing with the result reached by the majority and challenging the majority's reasoning or the legal basis of the decision
|
|
original jurisdiction
|
the authority to consider a case at its inception, as contrasted with appellate jurisdiction
|
|
writ of certiorari
|
a petition for review by the supreme court of the United States; certiorari means "to be informed of"
|
|
moot
|
Word used to describe a case in which the issues presented are no longer "live" or in which the matter in dispute has already been resolved; a case is not moot if it is susceptible to repetition but evading review
|
|
originalists
|
Supreme Court who interpret the Constitution according to the perceived intent of its framers
|
|
textualists
|
judges- in particular, Supreme Court justices- who rely exclusively on a careful reading of legal texts to determine the meaning of the law
|
|
constitutional law
|
set of laws that establish the nature, functions and limits of government
|
|
statutory law
|
written law formally enacted by city, county, state and federal legislative bodies
|
|
black-letter law
|
formally enacted, written law that is available in legal reporters or other documents
|
|
equity law
|
law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm
|
|
common law
|
unwritten, judge-made law consisting of rules and principles developed through custom and precedent
|
|
doctrines
|
Principles or theories of law (ex: the doctrine of content neutrality)
|
|
administrative law
|
the orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties
|
|
executive orders
|
orders from a government executive, such as the president, a governor or a mayor, that have the force of law
|
|
political questions
|
questions that the courts will not review because they are either outside the jurisdiction of the court or they are not capable of judicial resolution; an issue that can and should be handled more appropriately by another branch of government
|
|
federalism
|
a principle according to which the states are related to yet independent of each other, and related to yet independent of the federal government
|
|
modify precedent
|
to change or revise rather than follow or reject precedent
|
|
distinguish from precedent
|
to justify an outcome in a case by asserting that differences between that case and preceding cases outweigh any similarities
|
|
overturn precedent
|
to reject the fundamental premise of a precedent
|
|
deference
|
an act in which courts give weight to the judgment of expert administrative agencies or legislative policies and strategies
|
|
probable cause
|
the standard of evidence needed for an arrest or to issue a search warrant. More than mere suspicion, it is a showing through reasonably trustworthy information that a crime has been or is being committed.
|
|
grand jury
|
a group summoned to hear the state's evidence in criminal cases and decide whether a crime was committed and whether charges should be filed; grand juries do not determine guilt. A grand jury may be convened on the county, state or federal level; with 12 to 23 members, grand juries are usually larger than trial juries
|
|
plaintiff
|
the party who files a complaint, the one who sues
|
|
defendant
|
the party accused of violating a law, or the party being sued in a civil lawsuit
|
|
tort
|
a private or civil wrong for which a court can provide remedy in the form of damages
|
|
strict liability
|
liability without fault; liability for any and all harms, foreseeable or unforeseen, which result from a product or an action
|
|
motion to dismiss
|
a request to a court for a complaint to be rejected because it does not state a claim that can be remedied by law or because it is legally lacking in some other way
|
|
demurrer
|
a request that a court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgment against the defendant
|
|
discovery
|
the pretrial process of gathering evidence and facts. the word also may refer to the specific items of evidence that are uncovered
|
|
subpoena
|
a command for someone to testify in court
|
|
venue
|
the locality of a lawsuit and of the court hearing the suit. Thus, a change of venue means a relocation of a trial
|
|
venire
|
Literally, "to come" or "to appear;" the term used for the location from which a court draws its pool of potential jurors, who must then appear in court for a voir dire; a change of the location from which potential jurors are drawn.
|
|
voir dire
|
Literally, "to speak the truth;" the questioning of prospective jurors to asses their suitability
|
|
peremptory challenge
|
during jury selection, a challenge in which an attorney rejects a juror without showing a reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges
|
|
appellant
|
the party making the appeal; also called the petitioner
|
|
summary judgment
|
the quick resolution of a legal dispute in which a judge summarily decides certain points and issues a judgment dismissing the case
|
|
holding
|
the decision or ruling of a court
|
|
original intent
|
the perceived intent of the framers of the first amendment. the concept of the original intent guides contemporary first amendment application and interpretation
|
|
ad hoc balancing
|
making decisions according to the specific facts of the case under review rather than more general principles
|
|
categorical balancing
|
a judge's or court's practice of developing rules by weighing different broad categories, such as political speech, against other categories of interests, such as privacy. The rules may be applied in later cases with similar facts
|
|
prior restraint
|
action taken by the government to prohibit publication of a specific document or text before it is distributed to the public; a policy that requires government approval before publication
|
|
defamation
|
a false communication that harms another's reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander
|
|
seditious libel
|
communication meant to incite people to change the government; criticism of the government
|
|
injunction
|
a court order prohibiting a person or organization from doing some specified act
|
|
content-neutral laws
|
laws that incidentally and unintentionally affect speech as they advance other important government interests
|
|
rational review
|
a standard of judicial review that assumes the wisdom of reasonable legislative or administrative enactments and applies minimum scrutiny to their review
|
|
content-based laws
|
laws enacted because of the message, the subject matter or the ideas expressed in the regulated speech
|
|
strict scrutiny
|
a test for determining the constitutionality of laws restricting speech, under which the government must show it has a compelling interest at stake that is advanced by the least restrictive means available
|
|
compelling interest
|
a government interest of the highest order, an interest the government is required to protect
|
|
time/place/manner laws (TPM laws)
|
a first amendment concept that laws regulating the conditions of speech are more acceptable than those regulating content; also, the laws that regulate these conditions
|
|
symbolic expression
|
action that warrants first amendment protection because its primary purpose is to express ideas
|
|
intermediate scrutiny
|
a standard applied by the courts to the review of laws that implicate core constitutional values; also called heightened review
|
|
O'Brien test
|
a 3 part test used to determine whether a content-neutral law is constitutional
|
|
important government interest
|
an interest of the government that is substantial or significant (ex more than merely convenient or reasonable) but not compelling
|
|
public forum
|
government property held for use by the public, usually for purposes of exercising rights of speech and assembly
|
|
traditional public forum
|
lands designed for public use and historically used for public gathering, discussion and association (ex public streets, sidewalks and parks) free speech is protected in these areas
|
|
designated public forum
|
government spaces or buildings that are available for public use (within limits)
|
|
nonpublic forum
|
government-held property that is not available for public speech and assembly purposes
|
|
laws of general application
|
laws such as tax and equal employment laws that fall within the express power of government. Laws of general application are generally reviewed under minimum scrutiny
|
|
categorical balancing
|
the process through which courts reach judgments by weighing different broad categories, such as political speech, against other categories of interests, such as privacy
|
|
USA Patriot Act
|
the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2011. Passed in the wake of the Sept. 11, 2001, attacks, the act was designed to give law enforcement agencies greater authority to combat terrorism
|
|
chilling effect
|
the discouragement of a constitutional right, especially free speech, by any practice that creates uncertainty about the proper exercise of that right
|
|
clear and present danger
|
Doctrine establishing that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm
|
|
incorporation
|
the 14th amendment concept that most of the Bill of Rights applies equally to the states
|
|
hate speech
|
a category of speech that includes name-calling and pointed criticism that demeans others on the basis of race, color, gender, ethnicity, religion, national origin, disability, intellect or the like
|
|
underinclusive
|
a first amendment doctrine that disfavors narrow laws that target a subset of a recognized category for discriminatory treatment
|
|
viewpoint-based discrimination
|
government censorship or punishment of expression based on the ideas or attitudes expressed. Courts will apply a strict scrutiny test to determine whether the government acted constitutionally
|
|
true threat
|
speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety
|
|
establishment cause
|
the portion of the first amendment that prohibits government from setting up an official religion or passing laws that favor a specific religious doctrine
|