Section 1
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Ninth Amendment *Conscience of the Consititution
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Last updated
6 years ago
Date created
Mar 1, 2020
Cards (53)
Section 1
(50 cards)
Ninth Amendment *Conscience of the Consititution
Foresight of the founding fathers privacy and freedom of expression
Appellee
Party against whom an action is brought in a higher court (Court of Appeals)
Ultra vires
Outside the legal power of an individual or body / beyond one's legal power or authority
Defendant
Party against whom an action is brought (Federal Court)
nomothetic
Getzels Guba Model *proposition of the law
Judgement
Final determination by the court of the rights of parties of a case
Fourth Amendment
Search and Seizure Issues of randomness (Pottawatomie v. Earls) Issues of invitation, insight, danger Issues on the continuum
Quid pro quo
Something done in exchange for an act of another (means Sexual)
Limited Forum (most violated)
allowing opposing sides of an issue to speak about their view Is a place with a more limited history of expressive activity, usually (are opportunities for people to say some kind of things: will pass through information: can't say others can't do the same - Widmar v. Vincent)only for certain groups or topics.
Malfeasance
Doing of an act that is unlawful/affirmative act that is illegal or wrongful.
Supra
Above - proceeding / "above," in legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned
Opinion
Reasoning that explains the conclusion reached by a judge. *authoritatively enunciates the law of the case.
14th Amendment *Heart and Soul of the Constitution
due process (substantive and ingredients, procedural) equal protection
Parens Patriae
Concept of a state's guardianship over persons unable to direct their own affairs (minors)
Petitioner
Party bringing a case before a court
Proselytization
To attempt to convert someone to one's own religious faith.
Appellant
Party who brings an action to a higher court (Court of Appeals)
Face
What the words alone mean...without amplification or specific application
Liable
Legal responsibility
In loco parentis
of a teacher or other adult responsible for children in the place of a parent
Remand
Send back a case to a court from which it was appealed for further action by the lower court.
Mandamus
Writ ordering the execution of a non-discretionary duty by one charged with responsibility therefor
Enjoin
Command to maintain the status quo either by doing or refraining from doing a specific act: the writ is called an injunction
Express
Directly set forth in words
Holding
A ruling of the court *Court's decision on a question property raised in a case.
Liberty and Proptery (14th Amendment)
is due process
En Banc
By all judges of the court *When a court sits as a whole body
Et al.
and others
De Facto
in fact; in reality in fact, or in effect, whether by right or not.
Damages
Monetary award to a party who has been injured by the wrongful act of another party
Star decisis
Doctrine of precedents whereby prior decisions of courts are followed under similar facts *Rationale for non-hearing another similar case heard
Mandatory
Involving an invalidating consequence if violated "DO IT"
Plaintiff
Party instituting legal action (Federal District Court)
Federal Courts
Supreme Court (petitioner vs respondent) Court of Appeals (appellant vs appelle) District Court (plantiff vs defendent)
Respondent
Party against whom a legal action is brought *the appellee in a case appealed
First Amendment *Voice of the Constitution
Free exercise, establishment clause religion speech assembly pettition
Amicus Curiae
Friend of the court, applied to a belief submitted by one party to the suit
Prima Facie
Substantive due process *at first look," or "on its face," evidence supporting a conclusion unless it is rebutted
Florida is the ____ Federal Circuit
11th
Battery
Wrongful physical touching of a person
Pottawatomie v. Earls
Fourth Amendment *Issues of randomness
Injunction (Enjoin)
Command to maintain the status quo either by doing or refraining from doing a specific act
Nonfeasance
Failing to preform a duty / is the failure to act where action is required—willfully or in neglect
Pari Materia
On the same subject matter
Tort
A civil wrong not involving contracts which leads to civil legal liability.
Affidavit
A written statement under oath
Certiorari
Proceeding in which a higher court reviews a decision of a lower (inferior) court
Assault
A threat or attempt to inflict bodily injury where the victim has reason to believe the injury may be inflicted
Fifth Amendment
right against self-incrimination life, liberty, and property federal enunciation of due process
Malice
improper motive: intentionally committing a wrongful act without justification or excuse
Section 2
(3 cards)