exam 2

Question 1

published/ reported opinion

Answer 1

courts designate certain opinions to be published because they think that the topic it addresses is important enough to rely on and the matter of law needs to be answered. The supreme court published mostly all of the opinions.

Question 2

unpublished. unreported opinion

Answer 2

Although these opinions can be helpful in guiding research you are not suppose to rely on or cite them

Question 3

motion to set aside

Answer 3

a motion that asks the judge to set aside/ nullify a judgement, request to overturn or set aside a courts judgement or verdict, or other final rulings in a case. The party making the motion must specify mistakes, legal errors, or other factors of the first trial that justify the party’s redress.

Question 4

Selective prosecution

Answer 4

The enforcement or prosecution of criminal laws against a particular class of persons and failure to administer criminal laws against others outside the targeted class. This violates the equal protection clause of the 14th amendment if a defendant is singled out for prosecution when others in a similar situation have not been prosecuted. Prosecutor motivated by a discriminatory purpose.

Question 5

Motion to suppress

Answer 5

A request made by the defendant in a criminal trial that the court refuse to allow a particular piece of evidence to be admitted at trail because that evidence was obtained illegally or in violation of the defendants rights

Question 6

Relief

Answer 6

The redress, benefit given by a court to an individual who brings a legal action, could include return of property wrongfully taken by another compensation for an injury in the form of damages or enforcement of a contract

Question 7

oral arguments

Answer 7

spoken to a judge or appellate court in defense of a clients case or in rebuttal of the opposing party. Given by the attorney.

Question 8

briefs

Answer 8

a summary of the important points. written document drawn up to:

1. issues of a lawsuit
2. facts that bring the parties to court
3. relevant laws that can affect the subject of the dispute
4. arguments that explain how the law applies to the particular facts so that the case will be decided in that partys favor

Question 9

abuse of discretion

Answer 9

a failure to take into proper consideration the facts and law relating to a particular matter. occurs when a judge:

1. fails to consider relevant factors
2. gives considerable weight to irrelevant factors
3. makes an error in judgement

Question 10

appellant

Answer 10

the person asking to a superior court to review the decision because they are dissatisfied with the judgment rendered in a lawsuit decided in a lower court

Question 11

appellee

Answer 11

won at the trial court level, but the loser (appellant) has appealed the decision to a higher court. Also called the respondent

Question 12

curtilage

Answer 12

the area, usually enclosed, encompassing the grounds and buildings surrounding a home that is used in the daily activities of domestic life

Question 13

strict scrutiny/ compelling government interest

Answer 13

classifications based on race or national origin receive strict scrutiny which means that they are unconstitutional unless they serve a compelling government interest.

Question 14

Heightened scrutiny/ important government interest

Answer 14

classifications based on sex would receive heightened scrutiny, a state would have to prove that a law treated men differently from women served an important public goal.

Question 15

minimum scrutiny/ presumed constitutional

Answer 15

court would apply minimum scrutiny to sex based classification which would make them presumably constitutional.

Question 16

judicial restraint

Answer 16

more power in the hands of legislators and executives and less power in the hands of judges. supporters are concerned about who makes public policy

Question 17

constrained court

Answer 17

because of the existing constraints imposed upon the court by the united states constitution and congress the court is unable to accomplish significant change because:

1. constitutional rights are limited
2. courts lack independence from the elected branches of government
3. courts are ill equipped to make and implement public policy

Question 18

judicial activism

Answer 18

courts should make public policy and that courts can do so effectively. Courts should use their power not just to decide cases but to serve the cause of human dignity by expanding equality and personal freedom. Respond to pressing social needs.

Question 19

dynamic court

Answer 19

courts can effect social reform when the elected branches of government refuse to do so because judges do not face the voters at frequent intervals. a party does not need to have economic and political power to win because the majority will not be able to vote the judges out of office

Question 20

easy cases

Answer 20

most of the cases that state and federal courts decide are easy which means that the facts and the law dictate one correct result

Question 21

legislate from the bench

Answer 21

a judge whose rulings are more based on their personal feelings of what should be rather than basing their decisions on interpretation and application of the law

Question 22

right to privacy

Answer 22

protects the most personal details of someone’s life. ex: family affairs
Griswold v. Connecticut = struck down state laws that had made the use of birth control by married couples illegal

Question 23

consent decree

Answer 23

an agreement or settlement that resolve a dispute between two parties without admission of guilt or liability. The two parties ask to enter into their agreement and the court maintains supervision over the implementation of the decree

Question 24

right to treatment

Answer 24

doctors do not have the right to touch or treat a patient without that patients approval because the patients is the one who must live with the consequences and deal with any discomfort caused by treatment

Question 25

Title IX (1972 Educational Amendment Civil Rights Act)

Answer 25

No person in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial existence.