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Con Law
| Term | Definition |
|---|---|
| En Banc Review | When all members of a circuit court hear a case |
| Stare decisis | Precedent followed by the judges |
| Remand | When a court, after making a decision, returns a case to a lower court for further legal proceedings |
| Gibbons v. Ogden | Supreme Court struck down a New York law regulating waterways, saying that it interfered with congress's power under the commerce clause |
| Lemon v. Kurtzman | Supreme Court outlined a famous 3-prong test for deciding whether a law violates the establishment clause |
| Police Power | The power of the government to make all laws that are absolutely necessary to promote the common good of the people |
| Bicameral Legislature | Two houses |
| In New York Times v. United States, the federal government tried to stop the New York Times from publishing excerpts of this document _________. | The Pentagon Papers |
| New York Times v. Sullivan | Origin of the "actual malice" standard for libel suits by public figures |
| First Supreme Court Chief Justice | John Jay |
| The _________ case is the origin of the imminent and lawless action test. | Brandenberg v. Ohio |
| Steel Seizure Case | Youngstown Sheet and Tube Co v. Sawyer, president had exceeded his powers |
| First Female Supreme Court Justice | Sandra Day O'Connor |
| The check that the legislature has over the other two branches of the federal government | The right to impeach |
| Factions | Main evil that democratic governments have to deal with |
| McCulloch v. Maryland | Supreme Court said it was "necessary and Proper" for congress to set up a national bank |
| This body had to approve of all presidential nominations to the supreme court ___________. | The senate |
| Pro Se | Without a lawyer |
| Per curiam | The courts opinion without it being signed |
| Enumerated Powers | Powers specifically granted to the government in the constitution |
| Justice behind the clear and present danger test | Oliver Wendell Holmes |
| Author of the case declaring that the supreme court has the power of judicial review | John Marshall |
| This set up the judiciary | Article III |
| A request for the supreme court to hear a case | Certiorari |
| In this case, the court declared that it had the power of judicial review | Marbury v. Madison |
| Our current Chief Justice | Chief Justice Roberts |
| The system of shared and divided governance between the federal government and the states | Federalism |
| The executive has this check over the congressional legislation | Veto Power |
| This case is the origin of the clear and present danger test | Schenck v. U.S. |
| The full name of the law that set up inferior courts | The Judiciary Act of 1789 |
| Ability of the courts to comment on the constitutionality of the other branches' actions and the laws that congress passes | Judicial Review |
| Process through which some, but not all, of the guarantees of the Bill of Rights have been applied to state governments | Selective incorporation |
Created by:
kaeleijd
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