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Basic Vocabulary
Constitutional Development
19
Political Studies
Undergraduate 1
02/12/2011

Additional Political Studies Flashcards

 


 

Cards

Term
No prior restraint
Definition
Established in Near v. Minnesota in 1936; generally you can't stop a magazine or newspaper from publishing even it what they are publishing is false- your only remedy is to sue after the fact
Term
This arises when reasonable people disagree as to the meaning of a law or as to how it should be applied
Definition
Vagueness
Term
Least Drastic Means
Definition
If the state acts in such a way as to deprive a person of some right, they must not go further than absolutely necessary to accomplish their objective or they would violate what principal.
Term
No Prior Restraint
Definition
Courts will most likely view any law that seeks to restrict the content of a publication as unconstitutional under what principal.
Term
Stare Decisis
Definition
The tendency of courts to follow precedent- that is to make decisions in a manner similar to decisions they have made in the past
Term
Mootness
Definition
Courts will refuse to hear a case if it has already been settled or dealt with before coming to court;
Term
Ripeness
Definition
Courts will not hear a case unless all other remedies have been exhausted
Term
Political Question
Definition
The court will not hear a case if it believes the issues should be handled by some other branch of government because it is a
Term
Standing to sue
Definition
A person cannot sue in court unless he or she is a directly injured party because he or she does not have
Term
Adversarial System
Definition
There is a requirement that there must be a real case or controversy before the courts will hear a case because the U.S. has an __________of justice.
Term
Article III Section 1
Definition
This is the Constitutional provision that establishes the United States Supreme Court and gives Congress the authority to establish lower federal courts
Term
Article 1 Courts
Definition
Legislative courts that do not have full judicial power. such as the U.S. Court of Veterans Appeals, the U.S. Court of Military Appeals, and the U.S. Tax Court are called
Term
Plaintiff
Definition
The party that brings the suit in a civil case in trial courts is called a
Term
Defendant
Definition
Person or institution against whom an action is brought in a court of law; the person being sued or accused is called the
Term
Content Neutrality
Definition
If a law tries to restrict speech based on its content it is likely to be viewed as unconstitutional under the principle of
Term
Supreme Court
Definition
The highest court in the land and the only part of the federal judiciary specifically required by the Constitution
Term
Subpoena
Definition
Used to compel the production of evidence and testimony
Term
Federal judges
Definition
They can only be removed through impeachment by the House of Representatives and conviction in the Senate.
Term
Writ of certiorari
Definition
In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court
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