chapter 1 S2

  1. “the power of any court to hold unconstitutional and hence unenforceable any law, any official action based on a law, or any other action by a public official that it deems to be in conflict with the Constitution.”
    Judicial review
  2. Judicial review was first enunciated by the Court in the case of
    Marbury v. Madison
  3. Only those rights in the Bill of Rights that are considered fundamental should be applied to the states.
    Selective Incorporation
  4. All the provisions of the Bill of Rights should be applied to the states, “lock, stock, and barrel.”
    Total Incorporation
  5. All the provisions of the Bill of Rights should be applied to the States, plus other rights, such as the right to clean air, clean water, and a clean environment.
    Total Incorporation Plus
  6. Examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to that case and to that case only
  7. ____ indicates where a case may be found in legal publications.
    Case citation
  8. Court cases set ____ for cases decided by lower courts throughout the country.
  9. - Sources are U.S Court decisions
    - Sources are the ancient and unwritten laws of England
    • Case law
    • common law
  10. - Court decisions may be recent or old
    - Court decisions are ancient, from old England
    • Case law
    • common law
  11. - Authoritative, but only within the territorial jurisdiction of that court
    - May or may not be authoritative in a certain jurisdiction, usually
    • Case law
    • common law
  12. - May evolve or change with a new decision 
    - Does not change
    • Case law
    • common law
Card Set
chapter 1 S2
chapter 1