Constitutional Law Vocab
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Abridge So, if I abridge someone’s rights, I _____________ their rights in ____________. That’s why the constitution _____________ any _____________ of a person’s rights.
Diminish one’s rights in scope limit; scope; prohibits; abridgement
Ad Hoc
“For this purpose only” e.g. Ad Hoc representation: Representation by an attorney on an ad hoc basis (case by case basis). –> Not every case is the same.
Affirm
to ratify; to confirm
Amicus Curiae
“Friend of the court” non-party of case submits brief detailing it’s views on case.
Appellant
litigant (defendant) from lower court appealing decision based perceived error in legal procedure.
Appellate Jurisdiction
Authority/Jurisdiction an appellate court has to review lower court’s legal procedure.
Appellee
respondent (prosecution) that must report for appellate hearing.
As Applied Challenge
• Challenge to law • Parties involved allege law doesn’t apply to facts and circumstances of party challenging law.
Common law
Body of law derived from court decisions, specifically legal precedent. Interprets Constitutional provisions, statutes, and administrative regulations. Covers any body of law not already covered by statutory law.
Concurrent Powers
Powers that can be exercised by Congress and state legislature on same subject matter.
De Facto E.g. Forms of De Facto discrimination would be _______________.
“In fact” racism
De Jure E.g. Forms of De Jure discrimination would be ________________ __________.
“By Law” segregation laws.
De Novo
“From the beginnings” Appellate hearing not only evaluating law, but FACTS as well.
Dicta
Comment / expression made by judge that doesn’t resolve case, so it’s not legally binding. (although, lower courts are free to use these comments as persuasive authority).
Dissenting Opinion
Opinion representative of judges who don’t agree with majority ruling.
Due Process of Law
14th Amendment Right (alongside Equal Protection Under the Law) The government is prohibited from denying anyone of life, liberty, and property without due process of law. Protects defendants from govt. abuses.
Equal Protection
14th Amendment Right There shall be no law abridging one’s equal protection under the law. Everyone, regardless of race, gender, class receives equal protection under the law.
Ex Post Facto
“After the Fact” i.e. can’t punish someone for an act they committed before the act was considered criminal behavior.
Exigency
Need; Demand
Facial Challenge
Challenge to law Alleges law is unconstitutional as applied to anyone in the United States, under any facts and circumstances.
Habeas Corpus
“You have the body” Writ by incarcerated persons (defendants) questioning the legality of their (unlawful) detention.
Immunity
Free from legal obligations Free of suffering legal penalties.
Indictment
• Charging document by (23 persons) Grand Jury • States facts of the case, crimes charged, elements of offense charged. • Meant to help defendant avoid overzealous prosecution.
Infringe
To actively break the terms of the law.