Study sets, textbooks, questions
Upgrade to remove ads
Bill of Rights test review
Terms in this set (51)
Allows the court to determine the constitutionality of laws, state actions, presidential actions, or Federal bureaucratic agencies. Given to the Supreme Court in Marbury v. Madison.
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review. Marshall weakened the Supreme Court by declaring the Judicial Act of 1789 unconstitutional, but established SCOTUS's power to declare things unconstitutional. Madison was not required to deliver commission for Marbury.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard. Not many cases heard every year. Petitions of writ of certioraris are filtered by clerks and solicitor general.
Previous decision or interpretation of law by a court in a case that lower ranking courts must follow. One way for courts to 'make laws'. Redefining law without rewriting.
Process to redefine/clarify law, or correct errors. Apply to a higher court for a reversal of the decision of a lower court.
writ of certiorari
An order by a higher court directing a lower court to send up a case for review. Petition for a writ of certiorari is how the SCOTUS picks cases to review, like an appeal.
amicus curiae brief
A "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. A way for outer parties to try to influence or persuade the Supreme court.
A written document explaining the position of one side or the other in a case. Always at least 2 in Supreme Court cases, could be more.
A statement that presents the views of the majority of supreme court justices (usually at least 5) regarding a case.
Minority Opinion (Dissenting Opinion)
Written statement opposing the official ruling of SCOTUS. Written by those in the minority.
A statement that agrees with the majority decision, but for different legal reasons.
Chief Justice of the Supreme Court
Presides over all SCOTUS trials and cases. Has seniority over other judges. Chairman of court.
appointed by president, confirmed by Senate. Term is for life, or until retirement. Nine justices on the SCOTUS.
Establishment Clause+Free exercise Clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion... or prohibiting the free exercise thereof." Congress can't support or oppress religion. Cannot have excessive entanglement with religion.
An act that conveys a political message, statement, or has an underlying message/idea. Not spoken. e.g. burning U.S. flag.
Freedom of expression
Right of people to speak (including symbolic speech), publish, and assemble, covered in 1st amendment.
"clear and present danger"
'Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.' Defines limits on first amendment.
"words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence." Can be used to justify the other person's actions in a fight.
Censoring something before it is released or published. "Exercising prior restraint".
Freedom of religion; freedom of press; freedom of expression; freedom of speech; freedom to petition; freedom to peaceably assemble.
in loco parentis
Legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Applicable to schools and rights to search lockers, backpacks, etc without a warrant.
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. You need probable cause to get a search warrant, some evidence or a witness. Reasonable grounds.
Law in fourth amendment that prohibits the use of illegally obtained evidence in a case. e.g. Police did not have a warrant.
reasonable expectation of privacy
'standard developed for determining whether a government intrusion of a person or property constitutes a search because it interferes with individual interests that are normally protected from government intrusion.' e.g. a way to determine if the police can look in a parked car.
written orders by a court authorizing a person (usually the police or government forces) to make an arrest, a seizure, or a search.
Privacy rights; reasonable expectation of privacy; warrants; probable cause; specific place and things to be searched for, or seized.
the right of government to take private property for public use, only with just compensation at a fair market price. Legal process is called condemnation.
The prosecution or trial of a person twice for the same offense. Cannot be put in jeopardy of life and limb more than once for the same crime.
due process of law
fair treatment through the normal judicial system, especially as a citizen's entitlement. Cannot be prosecuted without a fair legal process.
Warnings that police must read to suspects prior to questioning that advises them of their rights. Do not need to say anything. Have a right to a lawyer. Created because some people did not know their rights and testified against themselves.
Grand Jury; Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination.
'attorney who works for the state and defends people who cannot afford a private attorney'. Anyone is entitled to one.
Testifying against oneself, providing evidence to be used against oneself. Protected from self-incriminating in 5th amendment.
Group of citizens sworn to give a bias-free verdict in a trial, who have nothing to gain or lose as a result of the outcome of the case. Unbiased and fair. Everyone is entitled to one.
Compelling the production of a witness or evidence via a court-ordered subpoena. Used by lawyers.
Sixth Amendment: Rights of the defendant
Right to a fair and speedy trial: Impartial Jury: must know the charges: trial must occur in same district: Assistance of Counsel: right to compulsory process to call witnesses in favor.
cruel and unsual punishment
Court sentences prohibited by the 8th amendment. Includes torture, deliberately degrading punishment, or punishment that is too severe for the crime. Death sentence has not explicitly been labeled as cruel and unsual.
A sum of money used as a security deposit to ensure that an accused person returns for his or her trial. Used to get someone out of prison. Must be a fair amount, not excessive.
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
A written law passed by a legislative body at either the federal or state level.
Act of harming or ruining another's reputation, includes slander or libel. Can be sued over defamation.
"A written defamation of a person's character, reputation, business, or property rights."
Spoken libel or defamation.
services provided by an attorney at law, lawyer. Everyone has the right to counsel.
an individual or group being sued or charged with a crime
a crime that is punishable by death, must be heard by a Grand Jury.
subject to whims or passing fancies, no reasoning or logic
something that discourages or hinders, death penalty, etc.
Sets with similar terms
Honors U.S. Government - The Judicial Branch (Sect…
American Gov 1
Comm Law Definition Ch. 1-3
Other sets by this creator