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Law & Politics Terms
definitions
| Question | Answer |
|---|---|
| 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 |
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