definitions
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| writ of mandamus | when a superior court compels a lower court or an official to do or not do something.
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| writ | formal written declaration by a court requires some action to be taken
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| void | action or document or law can be declared void if it is found to be unconstitutional
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| uphold | declaring something to be valid or constitutional
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| The Federalist Papers | attempted to explain the constitution and shape its future interpretation
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| sustain | when a judge affirms the validity of a statement (like when an attorney objects the judge says sustained because he's agreeing)
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| 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.
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| Supremacy Clause | paragraph in the Constitution is the supreme law of the land and overrides constutions/laws of individual sates.
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| strict scrutiny | applied in cases where a law is alleged to violate the Equal Protection Clause, highest level of judicial scrutiny
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| strict construction | the full meaning of a law can be derived from careful examination of its words and phrases, "conservative" judicial philosophy
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| stare decisis | court should be guided by precedent
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| 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
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| reverse | void ruling of a lower court
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| per curiam | latin for "by the court" . expression used for an appellate court decision accompanied by an unsigned opinion
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| 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.
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| judicial review | power of Supreme Court to deem something unconstitutional
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| 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
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| Fourteenth Amendment | defines citizenship in the nation and requires state to provide due process and equal protection to all their inhabitants
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| 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
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| affirmative action | effort by legislation or other means to improve educational or economic opportunities for disadvantaged groups
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| abridge | limit or reduce - abridge a person's right/liberties
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