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NCHS AP Gov Civil Liberties- Civil Rights

STUDY
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Activist Approach
The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
Affirmative Action
Programs designed to increase minority participation in some institions.
Amicus Curiae
A brief submitted by a "friend of the court"
Brief
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
Civil Rights
The rights of people to be treated without unreasonable or unconstitional differences.
Class Action Suit
A case brought by someone to help both himself/herself and all others who are similarly situated.
Clear and Present Danger
Law should not punish speech unless there was a clear and present danger of producing harmful damage
Concurring Opinion
A signed opinion in which one or more members agree with the majority view but for different reasons.
Constitional Court
A federal court that keeps judges in office during good behavior and prevents their salaries from being reduced.
De Facto Segregation
Racial segregation that occurs in schools, not as a result of the law, but as a result of residential settlement.
De Jure Segregation
Racial segregation that is required by law.
Diversity Cases
Cases involving citizens of different states who can bring suit in federal courts
Exclusionary Rule
Improperly gathered evidence may not be introduced in a criminal trial.
Fee Shifting
A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.
Good Faith Exception
An error in gathering evidence sufficiently minor that it may be used in a trial.
In forma pauperis
A method whereby a poor person can have his/her case heard in federal court without charge.
Judicial Review
The power of courts to declare laws unconstitional. SAYING NO!
Libel
Writing that falsely injures another person.
Litmus Test
An examination of the political ideology of a nominated judge.
Police Powers
State power to enact laws promoting health, safety, and morals.
Political Question
An issue the Supreme Court will allow the executive and legislative branches to decide.
Probable Cause
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.
Reverse Discrimination
Using race or sex to give preferential treatment to some people.
Search Warrant
A judge's order authorized by search.
Selective Incorporation
The process whereby the Court has applied many parts of the Bill of Rights to the states.
Standing
A legal rule stating who is authorized to start a lawsuit.
Stare Decisis
"Let the desicion stand," or allowing prior ruling to control the current case.
Symbolic Speech
An act that conveys a political message.
Wall of Separation
Court ruling that government cannot be involved with religion.
Writ of Certiorari
An order by a higher court directing a lower court to send up a case for review.
Appellate Jurisdiction
The power of a court to review decisions and change outcomes of decisions of lower courts.
Civil Law
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs
Civil Liberty
The state of being subject only to laws established for the good of the community with regard to freedom of action and speech.
Criminal Law
A system of law concerned with the punishment of those who commiymt crimes.
Inevitable Discovery
Allows evidence of a defendents guilt that would otherwise be considered inadmissable under the exclusionary rule to be admitted into evidence in a trial
Intermediate Scrutiny
the second level of deciding issues using judicial review.
Public Safety Exception
Allows into evidence an otherwise suppressible statement made by a defendent relating to information to protect the public
Rational Basis
the lowest of three levels of scrutiny applied by courts when considering constitional questions.
Solicitor General
the law officer directly below the attorney general in the US Department of Justice.
Strict Constructionist
A particular legal philosophy of judicial interpretation that limits judicial interpretation.
Strict Scrutiny
The most stringent standard of judicial review.