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Con Law Unit 1

QuestionAnswer
Define HOLDING Ruling that the court comes up with
Define AMICUS CURIAE "A friend of the court." A person with strong interest or views to the case that isn't involved will request permission from the court to offer a rationale to a party that is consistent with its own views.
Define CERTIORARI. What is the difference between GRANT and DENIED? Discretion authority to hear the case. Grant allows the case to be heard. Denied does not.
Define STARE DECISIS Follow the legal precedent.
Define CONCURRING OPINION The judge approves the outcome but not the legal rationale.
Define DISSENTING OPINION The judge doesn't agree with the legal rationale or holding.
Define RESPONDENT Party that wants the lower court's decision.
Define PETITIONER Party that wants a new decision from the lower court.
Define WRIT OF MANDAMUS Legal order
Define DICTUM Extra information. Not necessary to case decision.
Define RES JUDICATA Legal rest. A matter that has been adjudicated by a competent court and may not be pursued further by the same parties.
Define RATIO DECIDENDI Legal rational.
Define RECUSAL To remove yourself from a case due to conflicting interests.
What is the Hierarchy of Law? 1. U.S. Constitution 2. Federal Statutes 3. State Constitution 4. State Statutes 5. Local Ordinances
What is the structure of the Courts? 1. N.C. District Court 2. N.C. Superior Court 3. N.C. Court of Appeals OR Federal District Court (depending on the charge) 4. After CofAppeals is N.C. Supreme Court 5. After FederalDC is 4th Circuit Court of Appeals 6. NCSC & FDC = SCOTUS
What is the Religious Restoration Act? the state cannot "substantially burden a person's exercise of religion" unless it is furthering a "compelling government interest" and acting in the least restrictive way possible.
What is the Strict Scrutiny Test? Tests the Free Exercise Religion Clause 1. There must be a compelling governmental interest 2. Least Intrusive Means: Practice may be against the law but the government will give a waiver/ provide exemption if it does not interfere with its interest
What is the Lemon Test? Tests the Establishment Clause 1. Have a secular legislative purpose 2. Not have the primary affect or advancing or inhibiting a specific religion. 3. Not result in "excessive government entanglement" with religion. Violation of any prong =UNCON
What is the Child Benefit Theory? a principle that allows state funds to be given to students studying in private schools provided the allotment can be justified as benefiting the child. Ex. Agostoni vs Felton
What is the Equal Access Act? Compels federally funded secondary schools to provide equal access to extracurricular clubs whether it's religiously or non-religiously based.
What is IRAC and how is it used? Issues, Rules, Application, Conclusion. Used to apply legal synopsis.
Created by: mzahir113