Study sets, textbooks, questions
Upgrade to remove ads
Judiciary Branch AP Government
Terms in this set (40)
Judiciary Act of 1789
Outlined the court system which was only sketched out in the Constitution.
Established the office of Attorney General
The power of the court to determine if a law is constitutional or unconstitutional
Common (Judge-made) Law
Based on the legal concept of judicial precedent
Legal concept by which earlier court decisions serve as models in justifying decisions in subsequent cases
Same as precedent
The process of determining what a particular statute means so that a court may apply it accurately.
The Constitution is a living document - used to guide decisions.
Judicial branch creates law, almost doing what the legislative branch does. Court's responsibility to protect the rights of the accused and minority interests.
Strict interpretation of the Constitution.
Judicial branch defines and strengthens the law that the legislative branch has already created.
Conservative interpretation of the constitution
A liberal interpretation of the constitution
the power to hear a case for the first time
Court's authority to hear cases on appeal.
An order by a higher court directing a lower court to send up a case for review.
Dependent on if there is lower court conflict and if the case has possible national importance
Rule of Four
4 of 9 Supreme court justices must decide to see a case in Supreme Court
Legal argument made by each attorney in proceedings before the court in an attempt to persuade the court to decide the issue in their client's favor
law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.
traditions whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve.
Frequently, a person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision.
Listing the accusations against a federal official of "high crimes and misdemeanors" for the purpose of removing them for the misconduct
constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.
Selective incorporation is not a law, but has been established over time through court cases and rulings by the United States Supreme Court
Bills of attainder
The constitutional prohibition of the legislature determining a judicial outcome without a trial
Ex post facto laws
Laws that take effect after the act takes place.
Congress is prohibited from enacting this type of legislation
Component of the first amendment that defines the right of the citizens to practice their religions without government interference.
Creates separation of church and state
Free exercise clause
Phrase found in the first amendment that guarantees an individual the right to pray and believe in the religion of his or her choice by making it illegal for congress to restrict this right
Government action that prohibits speech or other expression before it can take place
Clear and present danger test
Gives the government the right to censor free speech if, during national emergencies, it can be proven that the result of the speech will hurt national security
Imminent lawlessness test
For speech to lose First Amendment protection, it must be directed at a specific person or group and it must be a direct call to commit immediate lawless action.
Brandenburg v. Ohio
Speech that intentionally gives false information or defames the character of an individual
Written publications that intentionally prints false info that defames the character of an individual
Due process of law
a legal requirement that the states must protect the individual's legal rights stated in the Constitution
law that defines crimes against the public order and provides for punishment
law that governs the relations between individuals and defines their legal rights
a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial.
trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.
an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence.
a legal document authorizing a police officer or other official to enter and search premises.
evidence collected or analyzed in violation of the defendant's constitutional rights is not usable for a criminal prosecution in a court of law.
Good faith exception
legal doctrine providing an exemption to the exclusionary rule.
Legal concept wherein once a verdict is handed down, you cannot be tried again for the same crime
allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity.
Sets with similar terms
The Judiciary, Civil Rights & Civil Liberties
Comm Law Definition Ch. 1-3
American Gov 1
Other sets by this creator
AP Psychology Review
Meyers AP Psychology: Unit 3