Looks like no one added any tags here yet for you.
Originalist/Strict Constructionist
Originalists believe that Constitutional interpretation should be based on original intent/Strict constructionists read the Constitution literally, and consider exact wording.
How does SCOTUS interpret transformation?
something is "transformed" if it serves a different purpose, adds new expression, or conveys new ideas.
Reasonable Expectation of Privacy
A legal test. Individuals have a reasonable expectation of privacy for things that are normally protected from government examination. If government intrusion into an individual's person or property interferes with this expectation of privacy, then it constitutes a search.
Dissent
explains the legal reasoning of justices who disagree with the majority opinion.
majority opinion
explains the legal reasoning of the majority of Supreme Court justices regarding a case
concurring opinion
explains the legal reasoning of a justice who agrees with the majority but for different reasons.
What are the three parts of the constitution
Preamble, Articles, Amendments
judical review
the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
Ex post facto
You cannot pass a law and then have it apply to a past crime.
Narrow Ruling
When the court’s ruling only applies to the specific case-- doesn't set a precedent.
compelling government interest
A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights.
exclusionary rule
Illegally obtained evidence cannot be used in court
Circuit Split
When two different circuits (courts of appeals in a different regions) interpret the law in different ways.
Writs of Certiorari
Permission to have the case go to the supreme court -- it's a formal request to call up the lower court case and appeal it
Rule of 4
4 justices need to agree to take up a case on the Supreme Court
Levels of federal court
District, Appeals, Supreme
Oral Argument
attorneys from both sides of a case present their arguments and answer the justice's questions in front of the court. each side has 30 minutes.
How to Add a Constitutional Amendment
2/3 of house, 2/3 of senate, and 3/4 of states
How does a federal judge get their job?
Nominated by the President and confirmed by the United States Senate
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law
How to "overturn" a Court decision (2 ways)
1) Constitutional amendment 2) By a new ruling of the Court
narrowly tailored
legal principle that a law must be written specifically to achieve the intended goals of the law.
Viewpoint Discrimination
A term used to identify government laws or decisions that favor/disfavor certain opinions on a particular controversy.
Least restrictive means
If one right must be restricted to protect another right, the restriction must be as minimal as possible.
Third Party Doctrine
A legal concept that says if you give information to third parties, such as banks or phone companies, you forfeit the privacy for that information
Marbury v. Madison
1800s case establishes the Supreme Court's power of Judicial Review.
political question
Questions of political matter were decided should be taken up by the other branches, not the Supreme Court.
How many Amendments are there?
27 amendments
Probable Cause vs Reasonable Suspicion
Reasonable suspicion is a reasonable presumption that a crime has been, is being, or will be committed. Reasonable suspicion is more than a guess or hunch but less than probable cause, which is a higher standard than reasonable suspicion. Probable cause is based on facts and evidence rather than suspicion.
Standing
you must demonstrate that you are harmed by the law/policy/situation you bringing to court
Plain View Doctrine
allows police, under some circumstances, to seize evidence that’s in plain sight without a warrant
Qualified Immunity
law enforcement cannot be held accountable for Constitutional violations
Good Faith Exception
exception to an "illegal" search -- if a mistake is made (ex: wrong date is written on a warrant) and the search is therefore considered "illegal", the judges will acknowledge the honest mistake and allow for the obtained evidence to be used in court.
Oyez
latin for “listen up”
Precedent
a case that becomes authority for future similar cases -- you can refer to a previous case that dealt with a similar situation to support a current argument.
Brief
case/argument information that lawyers send to the justices in advance of the oral argument
14th Amendment
Grants citizenship to all persons "born or naturalized in the US," and provides all citizens with "equal protection under the laws" -- meaning they have equal access to the law/courts and are treated equally by the law/courts.
9 Justices
Chief Justice John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ketanji Brown Jackson.
Article III
Article 3 establishes that the judicial branch should consist of one Supreme Court and various inferior federal courts that Congress can establish.
What happens in a tie?
The lower court decision stands.
Appeal
an appeal is when you take a case to the next highest-level court and have them review the previous court decision, which they can either uphold or reverse.
What happens if the Court refuses to take a case?
The lower court decision stands.
Loose Constructionist
Loose constructionists consider the principles of the original language and how they can apply to today
How many district and appeals courts?
94 District, 13 Appeals
Establishment v Free ExerciseÂ
Free exercise gives us the right to believe and practice any religion (or none at all). Establishment prohibits the government from favoring/disfavoring certain religions.
Stare DecisisÂ
means “to stand by things decided” in Latin. Similar to precedent, stare decisis is a legal principle where a court aligns its decision with a similar previous ruling.
Solicitor GeneralÂ
The Solicitor General argues on behalf of the United States in cases before the Supreme Court.
Landmark CaseÂ
A landmark case is one that has great historic and legal significance. Landmark cases have a large and lasting impact, often impacting individuals and our rights or the way a certain law or amendment is applied.
Judicial ActivismÂ
Refers to judges making decisions based on their political views rather than their interpretation of the law.
Implicit v. Explicit RightsÂ
Explicit rights are clearly stated in the constitution, like the right to free speech. Implicit rights are not clearly written but are implied by the language of explicit rights that is present in the Constitution.
“In loco parentis”Â
means "in [the] place of a parent" — refers to the legal responsibility of a person or group to take on some of the responsibilities of a parent
Attorney General Â
The attorney general represents the United States in legal matters, and advises the President and executive department heads on legal matters when necessary.
Symbolic Speech
Symbolic speech is something that conveys a message without being written or spoken. For example, flag burning or wearing a certain symbol.
Amicus brief
If there is a person/group who is not directly involved in a court case, but has strong interest in the matter, they can ask the court for permission to write a brief intending to influence the court decision.
Original Jurisdiction
When the Supreme Court is the first and only court to hear a case — doesn’t go through lower level courts first.
Plaintiff
The person who brings a case against another person/group in court.
Content Neutral
refers to laws that apply to all expression, regardless of the subject matter/message. They tend to regulate when/where/how things can be said instead of what can be said.
Penumbra
Refers to implicit rights provided by the Constitution that are inferred based on explicit rights provided by the Constitution.
Strict Scrutiny
Two standards: 1. compelling government interest 2. least restrictive means/narrowly tailored
Color Blind v. Color ConsciousÂ
Being color-blind means ignoring someone’s race completely. Being color-conscious means being aware of someone’s race to consider them in the context of their identity/background.
Remedy
a solution to a legal issue