Constitutional Freedoms
What is prior restraint?
The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
What is Judicial Review?
The practice of granting favors to reward party loyalty
What is patronage?
An order from the Supreme Court to a lower court to send up the records on a case for review
What is writ of certiorari?
The right for a defendant being taken into policy custody to remain silent (to avoid self-incrimination) and the right to an attorney; the policy must inform the defendant of these rights before questioning
What is the Miranda rights?
Courts that are able to hear a wide variety of cases that deal with state or local law, the state constitution, or federal law or the federal constitution
What is general jurisdiction?
A group of individuals with broad common interests who organize to nominate candidates for office, win elections, conduct government, and determine public policy
What is a political party?
A written brief from an individual group claiming to have information useful to a court's consideration of a case
A reasonable basis to believe a person or premises are linked to a crime
What is probable cause?
The First Amendment guarantee that prohibits state and federal governments from setting up churches, passing laws aiding one or all religions or favoring one religion over another, or passing laws requiring attendance at any church or belief in any religious idea
What is the establishment clause?
Refers to the principle that courts should follow precedent
What is Stare Decisis?
A statement of a political party's principles, beliefs, and positions on vital issues
What is a platform?
A lawsuit occurring at the appeals level of the court system
What is appellate litigation?
The principle that one is considered innocent until proven guilty; the government has the burden of proof in a criminal trial
What is presumption of innocence?
A standard of judicial review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy
The authority of a trial court to be the first to hear a case
What is original jurisdiction?
A private meeting of party leaders to choose candidates for office
What is a caucus?
The philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights
What is judicial activism?
The clause in the U.S. Constitution that prevents the government from punishing someone for doing something that was not a crime when the act was committed
What is the ex post facto clause?
The First Amendment guarantee that prohibits government from unduly interfering with the free exercise of religion
In a civil trial, the person who brings suit in court
What is plaintiff?
A political party that has a particular set of ideas about how to change society overall rather than focusing on a single issue
What is an ideological party?
The philosophy that courts should generally avoid overturning laws passed or actions taken by democratically elected bodies
What is judicial restraint?
The subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished
What is double jeopardy?