pols ch 6-8 vocab
Terms
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- Judicial Review
- the power of a court to declare acts of governmental bodies contrary to the constitution null and void
- Wrtis of Mandamus
- Is a court order directing a government official to perform a nondiscretionary act.
- In forma pauperis
- literally "in the manner of pauper" requesting permission of the court for a poor person to seek judicial relief without having to pay the usual court fee.
- Original intention
- is the doctrine that holds that judges should interpret the constitution in accordance with the intent of the framers.
- Interpretivism
- is the doctrine that jusdges should decide new constitutional issues in light of the underlyin constitutional principels as well as the literal meaning of the written provision
- Noninterpretivism
- is the doctrine that the constitution should be interpreted according to evolving standerds of decency and justice and not frozen in time or meaning.
- Federalism
- Is the separation of powerd between the national and state govenmental bodies
- Separation of Power
- is the constitutional arrangement whereby legislative, executive, and judicial powers are exerrcised by three separate and distinct branches of government.
- Legislative veto
- is the action by one or both houses of congress that nullifies an executvie proposal
- Delegation
- is the theory that allows a legislative body to delegate its lawmaking power to administratvie agencies
- Executive privilege
- is the doctrine that permits the president to withhold information sought by congress
- Subpoena Duces tecum
- is an order from a court directing a person to appear before the court with specified documents with specified documents that the court deems relevant in a matter pending before it.
- Procedural Due Process
- is a theory that stresses adherence to predetermind rules of behavior that government must observe
- Substantive Due Process
- is a theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness
- Incorporation
- is the theory that the bill of rightss has has been incorporatd or absorbed into the due process clause of the fourteenth amendment, thereby making it applicable to the states.
- Corporation
- is a business organization in which the owners are the stockholders who have limited liability and management responsibilities based on the pro rata share of ownership.
- Selective incorporation
- is the doctrine that only those parts of the bill of righs deemed "fundamental" are incorporated into the due process clause of the fourteenth amendment
- Suspect classification
- is the classification of a person, such as by race, to which the s.c. applies strict judicial scrutiny and for which government must offer compelling reasons to justify its use
- prior restraint
- is the censoring of material by the government before it is published rather than penalizing the publisher after publication
- Malum in se
- "wrong in itself" it is something that is made illegal because it is inherently wrong
- Suspended Sentence
- is the punishemnt for a crime which either the determination of guilt or the sentence is held in abyence for good behavior and probable completion of certain court-imposed abligations
- Parole
- is the punishment for a crim that involves realease fom incarceration on the condition of good behavior
- Mandatory Release
- is the automatic release from prison when the calendar time and good time served equal the maximum time for which the inmate was senteced
- Determinate sentencing
- is a sentencing structure in which a flat or straight sentnce is imposed, generally, without possibility of parole
- Procedural law
- is the law that is outlines the legal procedures or process that government is obliged to follow
- Substantive law
- is the law that deals with the content or substance of the law for example, the legal grounds for divorce
- delegatus non protest delegare
- "a delegate cannot delegate" a person who has been empowered by another to do something may not redelegate that power to another
- ultra vires
- "beyond the power" is the doctrine that an administrative agency has exercised powers beyond those delegated to it by a legislative body
- rulemaking
- is the power of an administrative agency to promulgated rules and regulations concerning matters that fall within its jurisdiction. rules promulgated by administrative agencies have the force of law