Test Bank for Constitutional Law for a Changing
America
Abstention: - AnswersA doctrine or policy of the federal courts to refrain from deciding a case so
that the issues involved may first be definitively resolved by state courts.
Acquittal: - AnswersA decision by a court that a person charged with a crime is not guilty.
Advisory opinion: - AnswersAn opinion issued by a court indicating how it would rule on a
question of law should such a question come before it in an actual case. Federal courts do not
hand down advisory opinions, but some state courts do.
Affidavit: - AnswersA written statement of facts voluntarily made under oath or affirmation.
Affirm: - AnswersTo uphold a decision of a lower court.
A fortiori: - AnswersWith greater force or reason.
Aggravating circumstances: - AnswersConditions that increase the seriousness of a crime but
are not a part of its legal definition.
Amicus curiae: - Answers"Friend of the court." A person (or group), not a party to a case, who
submits views (usually in the form of written briefs) on how the case should be decided.
Ante: - AnswersPrior to.
Appeal: - AnswersThe procedure by which a case is taken to a superior court for a review of the
lower court's decision.
,Appellant: - AnswersThe party dissatisfied with a lower court ruling who appeals the case to a
superior court for review.
Appellate jurisdiction: - AnswersThe legal authority of a superior court to review and render
judgment on a decision by a lower court.
Appellee: - AnswersThe party usually satisfied with a lower court ruling against whom an appeal
is taken.
Arbitrary: - AnswersUnreasonable; capricious; not done in accordance with established
principles.
Arguendo: - AnswersIn the course of argument.
Arraignment: - AnswersA formal stage of the criminal process in which the defendant is brought
before a judge, is confronted with the charges against him or her, and then enters a plea to
those charges.
Arrest: - AnswersThe act of physically taking into custody or otherwise depriving of freedom a
person suspected of violating the law.
Attainder, bill of: - AnswersA legislative act declaring a person or easily identified group of
people guilty of a crime and imposing punishments without the benefit of a trial. Such
legislative acts are prohibited by the U.S. Constitution.
Attest: - AnswersTo swear to; to be a witness.
,Bail: - AnswersA security deposit, usually in the form of cash or bond, that allows a person
accused of a crime to be released from jail and guarantees the accused's appearance at trial.
Balancing test: - AnswersA process of judicial decision making in which the court weighs the
relative merits of the rights of the individual against the interests of the government.
Bench trial: - AnswersA trial, without a jury, conducted before a judge.
Bicameral: - AnswersHaving two houses within a legislative body, as does the U.S. Congress.
Bona fide: - AnswersGood faith.
Brandeis brief: - AnswersA legal argument that stresses economic and sociological evidence
along with traditional legal authorities. Named for Louis Brandeis, who pioneered the use of
such briefs.
Brief: - AnswersA written argument of law and fact submitted to the court by an attorney
representing a party having an interest in a lawsuit.
Case: - AnswersA legal dispute or controversy brought to a court for resolution.
Case-in-chief: - AnswersThe primary evidence offered by a party in a court case.
Case law: - AnswersLaw that has evolved from past court decisions, as opposed to law created
by legislative acts.
Case or controversy rule: - AnswersThe constitutional requirement that courts may hear only
real disputes brought by adverse parties.
, Certification: - AnswersA procedure whereby a lower court requests that a superior court rule
on specified legal questions so that the lower court may correctly apply the law.
Certiorari, writ of: - AnswersAn order of an appellate court to an inferior court to send up the
records of a case that the appellate court has elected to review. The primary method by which
the U.S. Supreme Court exercises its discretionary jurisdiction to accept appeals for a full
hearing.
Civil law: - AnswersLaw that deals with the private rights of individuals e.g., property, contracts,
negligence), as contrasted with criminal law.
Class action: - AnswersA lawsuit brought by one or more persons who represent themselves and
all others similarly situated.
Collateral estoppel: - AnswersA rule of law that prohibits an already settled issue from being
relitigated in another form.
Comity: - AnswersThe principle by which the courts of one jurisdiction give respect and
deference to the laws and legal decisions of another jurisdiction.
Common law: - AnswersLaw that has evolved from usage and custom as reflected in the
decisions of courts.
Compensatory damages: - AnswersA monetary award, equivalent to the loss sustained, to be
paid to the injured party by the party at fault.
Concurrent powers: - AnswersAuthority that may be exercised by both the state and federal
governments.
America
Abstention: - AnswersA doctrine or policy of the federal courts to refrain from deciding a case so
that the issues involved may first be definitively resolved by state courts.
Acquittal: - AnswersA decision by a court that a person charged with a crime is not guilty.
Advisory opinion: - AnswersAn opinion issued by a court indicating how it would rule on a
question of law should such a question come before it in an actual case. Federal courts do not
hand down advisory opinions, but some state courts do.
Affidavit: - AnswersA written statement of facts voluntarily made under oath or affirmation.
Affirm: - AnswersTo uphold a decision of a lower court.
A fortiori: - AnswersWith greater force or reason.
Aggravating circumstances: - AnswersConditions that increase the seriousness of a crime but
are not a part of its legal definition.
Amicus curiae: - Answers"Friend of the court." A person (or group), not a party to a case, who
submits views (usually in the form of written briefs) on how the case should be decided.
Ante: - AnswersPrior to.
Appeal: - AnswersThe procedure by which a case is taken to a superior court for a review of the
lower court's decision.
,Appellant: - AnswersThe party dissatisfied with a lower court ruling who appeals the case to a
superior court for review.
Appellate jurisdiction: - AnswersThe legal authority of a superior court to review and render
judgment on a decision by a lower court.
Appellee: - AnswersThe party usually satisfied with a lower court ruling against whom an appeal
is taken.
Arbitrary: - AnswersUnreasonable; capricious; not done in accordance with established
principles.
Arguendo: - AnswersIn the course of argument.
Arraignment: - AnswersA formal stage of the criminal process in which the defendant is brought
before a judge, is confronted with the charges against him or her, and then enters a plea to
those charges.
Arrest: - AnswersThe act of physically taking into custody or otherwise depriving of freedom a
person suspected of violating the law.
Attainder, bill of: - AnswersA legislative act declaring a person or easily identified group of
people guilty of a crime and imposing punishments without the benefit of a trial. Such
legislative acts are prohibited by the U.S. Constitution.
Attest: - AnswersTo swear to; to be a witness.
,Bail: - AnswersA security deposit, usually in the form of cash or bond, that allows a person
accused of a crime to be released from jail and guarantees the accused's appearance at trial.
Balancing test: - AnswersA process of judicial decision making in which the court weighs the
relative merits of the rights of the individual against the interests of the government.
Bench trial: - AnswersA trial, without a jury, conducted before a judge.
Bicameral: - AnswersHaving two houses within a legislative body, as does the U.S. Congress.
Bona fide: - AnswersGood faith.
Brandeis brief: - AnswersA legal argument that stresses economic and sociological evidence
along with traditional legal authorities. Named for Louis Brandeis, who pioneered the use of
such briefs.
Brief: - AnswersA written argument of law and fact submitted to the court by an attorney
representing a party having an interest in a lawsuit.
Case: - AnswersA legal dispute or controversy brought to a court for resolution.
Case-in-chief: - AnswersThe primary evidence offered by a party in a court case.
Case law: - AnswersLaw that has evolved from past court decisions, as opposed to law created
by legislative acts.
Case or controversy rule: - AnswersThe constitutional requirement that courts may hear only
real disputes brought by adverse parties.
, Certification: - AnswersA procedure whereby a lower court requests that a superior court rule
on specified legal questions so that the lower court may correctly apply the law.
Certiorari, writ of: - AnswersAn order of an appellate court to an inferior court to send up the
records of a case that the appellate court has elected to review. The primary method by which
the U.S. Supreme Court exercises its discretionary jurisdiction to accept appeals for a full
hearing.
Civil law: - AnswersLaw that deals with the private rights of individuals e.g., property, contracts,
negligence), as contrasted with criminal law.
Class action: - AnswersA lawsuit brought by one or more persons who represent themselves and
all others similarly situated.
Collateral estoppel: - AnswersA rule of law that prohibits an already settled issue from being
relitigated in another form.
Comity: - AnswersThe principle by which the courts of one jurisdiction give respect and
deference to the laws and legal decisions of another jurisdiction.
Common law: - AnswersLaw that has evolved from usage and custom as reflected in the
decisions of courts.
Compensatory damages: - AnswersA monetary award, equivalent to the loss sustained, to be
paid to the injured party by the party at fault.
Concurrent powers: - AnswersAuthority that may be exercised by both the state and federal
governments.
