Explore tens of thousands of sets crafted by our community.
Constitutional Law Terms
25
Flashcards
0/25
Judicial Review
Power of the courts to declare laws unconstitutional
Separation of Powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another
Free Exercise Clause
Reserves the right of American citizens to accept any religious belief and engage in religious rituals
Ex Post Facto Laws
Laws that retroactively change the legal consequences (or status) of actions committed or relationships that existed before the enactment of the law
Habeas Corpus
Legal action or writ by means of which detainees can seek relief from unlawful imprisonment
Federalism
A system of government where power is divided between a central government and regional governments
Full Faith and Credit Clause
Addresses the duties that states within the United States have to respect the 'public acts, records, and judicial proceedings of every other state'
Establishment Clause
Prohibits the establishment of religion by Congress
Established Precedent
A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts
Due Process
Legal requirement that the state must respect all the legal rights that are owed to a person
Equal Protection Clause
Provision of the Fourteenth Amendment guaranteeing citizens 'the equal protection of the laws'
Sovereign Immunity
A legal doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent
Self-Incrimination
The act of implicating oneself in a crime or exposing oneself to criminal prosecution
Exclusionary Rule
A law that prohibits the use of illegally obtained evidence in a criminal trial
Checks and Balances
System that allows each branch of government to amend or veto acts of another branch to prevent any one branch from exerting too much power
Double Jeopardy
Prohibits anyone from being prosecuted twice for substantially the same crime
Bill of Rights
The first ten amendments to the U.S. Constitution, guaranteeing specific freedoms and rights
Amicus Curiae
Literally means 'friend of the court'; someone who is not a party to a case who offers information that bears on the case
Supremacy Clause
Establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions
Selective Incorporation
Constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Privileges and Immunities Clause
Prevents a state from treating citizens of other states in a discriminatory manner
Cruel and Unusual Punishment
Punishments that are considered incompatible with modern-day standards of decency or disproportionally harsh to the offense committed
Commerce Clause
Grants Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes
Writ of Certiorari
An order by a higher court directing a lower court to send the record in a given case for review
Petitioner vs. Respondent
The designations of the parties in a court case: the petitioner brings the case, while the respondent is the party against whom the case is brought
© Hypatia.Tech. 2024 All rights reserved.