Clause & Laws
Noncriminal disputes between private parties.
What is civil law?
The power of the federal courts to declare any laws they consider unconstitutional to be null and void (cancelled).
What is Judicial Review?
Southern laws passed after the Civil War that required racial segregation in public places.
What are Jim Crow laws?
Segregation by practice or custom.
What is 'de facto' segregation?
The right of the government to take private property for the public good, by paying fair compensation to the owner
What is eminent domain?
Part of the 1st Amendment that prohibits the government from declaring an official religion. It is the basis for "separation of church and state"
Court writing to express the decision & viewpoint of most members of the Supreme Court.
What is the Majority Decision?
Spoken untruths that damage a reputation.
What is slander?
Segregation by law, or required by government.
What is 'de jure' segregation?
A Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial.
What is the Exclusionary Rule?
Clause in the 14th Amendment that prohibits states from treating people differently
What is the Equal Protection Clause?
Court decision requiring state laws to enforce the Bill of Rights because of the Due Process Clause of the 14th Amendment.
What is incorporation?
Written untruths that damage a reputation.
What is libel?
Supreme Court practice of following precedent in deciding cases (letting the previous decision stand).
What is 'stare decisis'?
Judicial interpretation (from Schenck v. U.S.) of the 1st amendment, that the government may not ban speech unless it poses an imminent threat to society.
What is clear and present danger doctrine?
Provision of the 1st Amendment stating that Congress may not prevent any religious beliefs and practices.
What is the free exercise clause?
Written by a Supreme Court Justice(s) who expresses a minority viewpoint in a decision.
What is the Dissenting Opinion?
Drawing legislative boundaries (for representation) to give electoral advantages to a particular group (by race, political party, etc.).
What is gerrymandering?
A court order demanding the authorities to show cause why they are holding a person in prison, or to release them.
What is a writ of 'habeas corpus'?
Philosophy that the courts should allow elected lawmakers to make policy, and should only focus on interpreting the law rather than making law.
What is judicial restraint?
This clause requires the national government & the states to follow a process if they wish to deny life, liberty, or property
What is the due process clause?
A court order that forbids a party from performing a certain action.
What is an injunction?
When a court (or other gov. branch) stops public expressions (in print or in person) before it is made. Censorship.
What is Prior Restraint?
Order issued by the Supreme Court to a lower court demanding to send the records of a case, so that it can be reviewed.
What is a "writ of certiorari"?
An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
What is a plea bargain?