The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
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
A signed opinion in which one or more members agree with the majority view but for different reasons.
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.
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.
An issue the Supreme Court will allow the executive and legislative branches to decide.
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.
The process whereby the Court has applied many parts of the Bill of Rights to the states.
The power of a court to review decisions and change outcomes of decisions of lower courts.
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs
The state of being subject only to laws established for the good of the community with regard to freedom of action and speech.
Allows evidence of a defendents guilt that would otherwise be considered inadmissable under the exclusionary rule to be admitted into evidence in a trial
Public Safety Exception
Allows into evidence an otherwise suppressible statement made by a defendent relating to information to protect the public
the lowest of three levels of scrutiny applied by courts when considering constitional questions.
the law officer directly below the attorney general in the US Department of Justice.
A particular legal philosophy of judicial interpretation that limits judicial interpretation.