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Law & Politics Terms

definitions

QuestionAnswer
writ of mandamus when a superior court compels a lower court or an official to do or not do something.
writ formal written declaration by a court requires some action to be taken
void action or document or law can be declared void if it is found to be unconstitutional
uphold declaring something to be valid or constitutional
The Federalist Papers attempted to explain the constitution and shape its future interpretation
sustain when a judge affirms the validity of a statement (like when an attorney objects the judge says sustained because he's agreeing)
Supreme Court of the US highest fed court, hears appeals from fed & state courts, able to select which cases to hear, 8 associate judges & 1 chief justice, all serve for life.
Supremacy Clause paragraph in the Constitution is the supreme law of the land and overrides constutions/laws of individual sates.
strict scrutiny applied in cases where a law is alleged to violate the Equal Protection Clause, highest level of judicial scrutiny
strict construction the full meaning of a law can be derived from careful examination of its words and phrases, "conservative" judicial philosophy
stare decisis court should be guided by precedent
separate but equal made famous in Plessy v Ferguson.. legitimized segregation in states as long as states could maintain separate public accommodations for whites and blacks
reverse void ruling of a lower court
per curiam latin for "by the court" . expression used for an appellate court decision accompanied by an unsigned opinion
Necessary and Proper Clause Article 1: Congress has power to make laws in areas not explicitly mentioned by the Constitution as long as it is deemed necessary and proper.
judicial review power of Supreme Court to deem something unconstitutional
habeas corpus court order requiring that a person held in custody be brought before the court to determine whether he is being held legally or should be released
Fourteenth Amendment defines citizenship in the nation and requires state to provide due process and equal protection to all their inhabitants
Due Process Clause guarantees that individuals will not be deprived of "life, liberty, or property" without "due process of law", found in 5th & 14th amend
affirmative action effort by legislation or other means to improve educational or economic opportunities for disadvantaged groups
abridge limit or reduce - abridge a person's right/liberties
Created by: 1343040021