Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
21 Cards in this Set
- Front
- Back
Strict scrutiny |
A form of judicial review that requires the government to have a “compelling government interest for any law that singles out race or ethnicity” |
|
Lochner era |
A period from 1905 to 1937, during which the Supreme Court struck down laws (worker protection/minimum wage laws) that were thought to infringe on the right to contract |
|
Stare decisis |
Deciding cases on the basis of previous rulings or precedents |
|
Majority opinion |
The official statement of the court |
|
Concurrent opinion |
A statement that agrees with the majority opinion |
|
Dissent |
A statement on the behalf of the justices who voted in the minority |
|
Amicus curiae |
A brief submitted by a person or group that is not a direct party to the case |
|
Rule of four |
The requirement that at least four Supreme Court judges must agree to hear a case before it comes before the court |
|
Common law |
A system of law developed by judges in deciding cases over the centuries |
|
Precedent |
Judicial decisions that offer a guide to similar cases in the future |
|
Civil law |
Cases that involve disputes between two parties |
|
Criminal law |
Cases in which someone is charged with breaking the law |
|
Plaintiff |
The party that brings the action in a lawsuit |
|
Defendant |
The party that is sued in a court case |
|
Judicial activism |
A vigorous or active approach to reviewing the other branches of government |
|
Judicial restraint |
Reluctance to interfere with elected branches, only doing so as a last resort |
|
Judicial review |
The courts authority to determine whether legislative, executive, and state actions violate the constitution and overrule those that do |
|
Circuit courts |
The second stage of federal courts, which review the trial record of cases decided in district court to ensure they were settled properly |
|
District courts |
The first level of federal courts, which hear the evidence and make initial rulings |
|
Mediation |
A way of resolving disputes without going to court, in which a third party (the mediator) helps two or more sides negotiate a settlement |
|
Litigation |
The conduct of a lawsuit |