When the court goes above and beyond the strict interpretation of the Constitution to determine the general meaning or intention of the document.
What is judicial activism?
100
The act of taking a case to court.
What is litigation?
100
When one is personally affected by the issue over which they are suing.
What is standing (to sue)?
100
A supreme court decision that established the precedent of judicial review.
What is Marbury vs. Madison?
100
1819 court case that allowed for implied federal powers under the "necessary and proper" clause of the Constitution.
What is McCulloch v. Maryland
200
When a large group sues under the name of one person or corporation.
What is a class-action suit?
200
A measure of ideological purity in selecting judges.
What is a litmus test?
200
A document that lays out a case, summarizes any lower-court decisions, gives the lawyer's arguments, and discusses any related cases that the Court has seen in the past.
What is a brief?
200
Court case that regulated interstate commerce and placed federal power over that of the states.
What is Gibbons v. Ogden?
200
Court case that ultimately decided that, if a slave lived in a free state, he or she was still as slave.
What is Scott v. Sanford?
300
When a lawyer writes a brief on behalf of the suing party, lobbying the court.
What are Amicus Curae briefs?
300
The doctrine that, while a citizen can sue a government official who acts contrary to law, the citizen cannot sue the government itself without the government's consent.
What is sovereign immunity?
300
When the plaintiff will be able to collect its costs from the defendant if the defendant loses.
What is fee shifting?
300
Court case that overturned the "separate but equal doctrine" the Court had made earlier, key step in the Civil Rights movement.
What is Brown v. Board of Education?
300
Put into place the "separate but equal" doctrine as law of the land, key part of Southern segregation.
What is Plessy v. Ferguson?
400
When a previous court decision is upheld by later court members out of respect for the precedent.
What is Stare Decisis
400
A case involving citizens of different states.
What is a diversity case?
400
A court set up by Congress for some specialized purpose and staffed with people who can be removed, can have their salaries reduced, and have fixed terms of office.
What is a legislative court?
400
Court case that decided that even offensive speech, including flag burning, is protected under the First Amendment.
What is Texas v. Johnson?
400
Court case that ruled that an individual must be informed of his or her rights before being questioned.
What is Miranda v. Arizona?
500
Unanimous, unsigned opinion stating the court will not see a case or that a lower court is clearly wrong and a new trial must be given in light of a precedent referred to the lower court by the supreme court.
What is a per curiam opinion?
500
An order, sent from a higher to a lower court, that forces the lower court to turn over transcripts or documents relating to a case the higher court has elected to see.
What is writ of certiorari?
500
The status that entitles someone to have their legal fees waived, partially or entirely.
What is in forma pauperis?
500
1946 ruling that placed the security of the United States over individual rights; in this case, upholding the conviction of the man who had refused to be interred with other Japanese-Americans during World War II.
What is Korematsu v. United States?
500
Court case that determined that illegally obtained material was not admissible as evidence in a court of law.