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Terms in this set (42)
an individual or group being sued or charged with a crime
One who begins a lawsuit
A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government.
the head of the department of justice
the United States federal department responsible for enforcing federal laws (including the enforcement of all civil rights legislation)
The authority of a court to review decisions made by lower courts
the authority to hear cases for the first time
Supreme Court of the United States
US Court of Appeals
Decides cases which are appealed from the federal district courts.
A court that hears cases in several designated locations rather than in a single place
The power of the courts to declare laws unconstitutional
Amicus Curiae Brief
"friend of the court" brief filed by an interest group to influence a Supreme Court decision
Writ of Certiorari
An order by a higher court directing a lower court to send up a case for review
let the decision stand
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
a theory of judicial interpretation that encourages judges to limit the exercise of their own power
a judicial approach holding that the Constitution should be read literally, with the framers' intentions uppermost in mind
Belief that the Constitution is flexiable.
a court opinion reflecting the views of the majority of the judges
a statement written by a justice who votes with the majority, but for different reasons
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
censorship of a publication
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
Freedom of Assembly
the right of the people to gather peacefully and to petition government
Writ of Habeas Corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
following established legal procedures
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
a law that prohibits the use of illegally obtained evidence in a criminal trial.
Rights of Citizens
Rule of 4
Court will hear a case if 4 of the judges agree to it
Tinker v. Des Moines
U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school
Engel v. Vitale
A nondenominational prayer was authorized to be said at the start of each day at local public schools. Result: The prayer violated the establishment clause.
Gideon v. Wainwright
Right to an attorney
Wisconsin v. Yoder
Amish do not have to attend school after 8th grade - right to freedom of religion
Roe v. Wade
Schenck v. US
Can limit free speech when there is a "clear and present danger"
Mapp v. Ohio
Evidence illegally gathered by the police may not be used in a criminal trial
Brown v. Board
Outlawed segregation in schools; overturned Plessy vs. Ferguson
McDonald v. Chicago
The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.
Civil vs. Criminal Law
Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties.
duties of supreme court justices
hear and rule on cases
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