POLITICAL SCIENCE UNIT 4
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jessicuhbetch on July 18, 2012
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128 terms
Terms | Definitions |
|---|---|
 in three levels: districts, circuit courts and appeal, and then supreme court at the top | How are the Federal Courts organized? |
| Districts have original jurisdiction, circuit courts and appeal have appelatte, and supreme court has appelatte and sometimes original | What type of jurisdiction does each level have? |
| judicial power belongs to federal courts, judges serve during good behavior, congress can't reduce judges salaries, congress created by Judicial act, article III, and trial for federal crimes by jury. | What requirements for the courts are in Article III of the Constitution? |
| appointed to office by the President of the United States, with the approval of the U.S. Senate. | How does the appointment process of federal judges work? |
| States can amend the Constitution itself. This requires approval by three-quarters of the state legislatures and the Supreme Court can overrule itself. This happens when a different case involving the same constitutional issues as an earlier case is reviewed by the court and seen in a new light, typically because of changing social and political situations. | How can Supreme Court rulings be overturned? |
| judicial review over national laws | What happened with Marbury v. Madison? |
| judicial review over state law | What happened with Fletcher v. Peck? |
| No, and a moment of silence is only allowed | Is prayer in the schools constitutional? and what is allowed? |
| established a precedent on whether the United States Bill of Rights could be applied to state governments. | What happened in Barron v. Baltimore (1833)? |
| First Amendment applies to state law and that freedom of speech is taken away when people threaten national security. established "dangerous tendency" test. | What happened in Gitlow v. New York (1925)? |
| concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I.established the "clear and present danger" test | What happened in Schenk v. United States (1919)? |
| held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice | What happened in New York Times v. Sullivan (1964)? |
| the Court held that obscene materials did not enjoy First Amendment protection. | What happened in Miller v. California (1973)? |
| freedom of press is essential to the nature of a free state but that freedom may be restricted by the government in certain situations. | What happened in Near v. Minnesota (1931)? |
| the Court held that both programs violate the Establishment Clause because they create excessive entanglement between a religious entity and the state. State money can't be funded for religious stuff in schools | What happened in Lemon v. Kurtzman (1971)? |
| made abortion legal in the United States | What happened in Roe v. Wade (1973)? |
| all evidence obtained by searches and seizures in violation of the Constitution is, by the 4th amendment, inadmissible in a state court. | What happened in Mapp v. Ohio (1961)? |
| secure the privilege against self- incrimination. "Miranda rights" | What happened in Miranda v. Arizona (1966)? |
| right to be represented by a court-appointed attorney through the due process clause and 14th amendment | What happened in Gideon v. Wainwright ( 1963)? |
| African Americans were property & not be given citizenship rights | What happened in Dred Scott v. Sanford (1857)? |
| Lousiana law that allowed segregation of railroad cars and then they interperted "separate but equal" clause. | What happened in Plessy v. Ferguson (1896)? |
| ruled that segregation public schools were unconstitutional. End of "separate but equal". | What happened in Brown v. Board of Education (1954)? |
| supreme court came up with "heightened scrutiny" allows courts to throw out laws that discriminated against genders | What happened in Craig v. Boren (1976)? |
| brought up reverse discrimination. ruled that quotas have to be gotten rid of based on race. | What happened in Regents of the University of California v. Bakke (1978)? |
| You can't, unless you lie on your naturalization process | How can you lose your citizenship? |
| designed to combat de jure segregation (lawful segregation) | When was busing required? |
| Housing | What is the last frontier of the civil rights crusade? |
| senatorial courtesy | The presidental custom of submitting the names of prospective appointees for approval to senators from the state in with the appointees are to work |
| magistrate judge | Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard not from a judge |
| original jurisdiction | The authority of a court to be the first to hear certain cases. |
| appellate jurisdiction | The authority of a court to review decisions made by lower courts |
| judicial review | power of the courts to review laws, treaties, policies or executive orders relevant to cases before the court and nullify (overturn) those that are found unconstitutional. |
| adversary system | Judicial system in which the court of law is a neutral arena where two parties argue their differences |
| class action suit | a lawsuit brought on by individual/grp on behalf of all those similarly situated |
| plea bargin | agreement between prosecutor and defendant that that the defendant will please guilty to a lesser offense to avoid having to stand trial for a more serious one |
| judicial restraint | philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the constitution |
| judicial activism | philosophy that judges should strike down laws that are inconsistent with norms/values |
| stare decisis | The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented |
| writ of certiorari | a formal writ used to bring a case before the Supreme Court |
| amicus curiae brief | "a friend of the court"; filed by individual/organization to present arguments in addition to those presented by the immediate parties to a case |
| grand jury | jury of 12-23 who privately hear evidence presented by the gov to determine whether persons shall be required to stand trial. Issues an indictment if jury finds defendant guilty. |
| public defender | an elected or appointed public official who is an attorney regularly assigned by the courts to defend people accused of crimes who cannot afford a private attorney. |
| prosecutor | government lawyer who tried criminal cases, often referred to as the district attorney |
| defendant | a person or institution against whom an action is brought in a court of law; the person being sued or accused |
| justiciable dispute | a dispute growing out of an actual actual case or controversy that is capable of settlement by legal methods |
| writ of habeas corpus | court order requiring explanations to a judge why a prisioner is being held custody |
| dissenting opinion | disagrees with the court's disposition of the case |
| concurring opinion | agrees with the majority in a Supreme Court ruling but differs on reasoning |
| majority opinion | an explanation of the reasoning behind the majority decision of a supreme court. |
| criminal law | A law that defines crimes against the public order |
| civil law | governs relationships between individuals and defines their legal rights |
| Article III | establishes the judicial branch of the federal government. |
| "during good behavior" | justices and judges are afforded a lifetime commission that can only be revoked (by impeachment and conviction) if the justice fails to act with integrity or commits another impeachable offense |
| "rule of four" | practice that permits four of the nine justices to grant a writ of certiorari |
| Solicitor General | represents the federal government (executive branch) in cases before the U.S. Supreme Court. Occasionally files Amicus Curiae (friend of the court) briefs in cases where the U.S. government is not a party but important government interests are at stake. |
| Chief Justice | The presiding judge of a high court having several judges, especially the U.S. Supreme Court. |
| prior restraint | censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional |
| commercial speech | ads for products/services' they receive less First Amendment protection, primarily to discourage misleading ads. |
| fighting words | inflict injury on those to whom they are addressed or incite them to acts of violence |
| sedition | any action, especially in speech or writing, promoting such discontent or rebellion. |
| libel | written defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid |
| slander | The action or crime of making a false spoken statement damaging to a person's reputation. |
| obscenity | quality or state of a work that appeals to prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious value. |
| bad tendency test | interpretation of the first amendment that would permit legislatures to forbid speech encouraging people to engage in illegal acts |
| clear and present danger test | an interpretation of the first amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that if will lead to illegal acts |
| free exercise clause | in first amendment that states that congress shall make no low prohibiting the free exercise of religion |
| establishment clause | in 1st amendment that states congress shall make no law respecting an establishment of religion. |
| selective incorporation | when provisions of the bill of rights are brought within the scope of the 14th amendment and so applied to state and local government |
| due process clause | In 14th amendment: the rules governing the fair practice of law. Dictates that everyone is equal in the eyes of the law, and it also states that the law must be fair and clearly stated to prevent arbitrary actions by the state. |
| preferred position doctrine | interpretation of the 1st amendment that holds that freedom of expressions is so essential to democracy that governments should not punish person for what they say, only what they do |
| civil liberties | one's freedom to exercise one's rights as guaranteed under the laws of the country. |
| political rights | protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression. |
| legal rights | rights which exist under the rules of legal systems. |
| Bill of Rights | the first ten amendments to the US Constitution, added in 1791, which guarantee the liberty of the individual |
| freedom of expression | Right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others' character and/or reputation by false or misleading statements. Freedom of press is a part of it. |
| eminent domain | The right of a government to appropriate private property for public use, usually with compensation to the owner. |
| regulatory taking | government regulation that effectively takes land by restricting its use, even if it remains in the owner's name |
| double jeopardy | can't be tried for the same crime twice |
| petit jury | jury of 6-12 that determines guilt/innocence in a civil/criminal action |
| exclusionary rule | requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial |
| immunity | A special status, granted by a prosecutor, exempting a witness from being prosecuted for the acts to which he or she testifies. |
| procedural due process | constitutional requirement that governments proceed by proper methods; limits how gov may exercise power |
| substantive due process | constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may be |
| search warrant | writ issued by a magistrate that authorizes the police to search a particular place/person |
| contract clause | Provision included in a written agreement or contract. Will address an aspect of the contract between parties, detailing the agreement to ensure all parties understand what is expected of the other. |
| property rights | the right of individuals to own, use, rent, invest, buy, and sell property |
| just compensation | the full value to be paid for property taken by the government for public purposes guaranteed by the Fifth Amendment to the U.S. Constitution |
| privacy rights | right to be free of unsanctioned intrusion |
| unreasonable searches and seizures | search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a crime is present. Such a search and/or seizure is unconstitutional under the 4th Amendment (applied to the states by the 14th Amendment), and evidence obtained thereby may not be introduced in court. |
| self-incrimination | Giving testimony in a trial or other legal proceeding that could subject one to criminal prosecution. |
| right to citizenship | all persons born/naturalized then they are citizens |
| 6th Amendment | The right to a fair and speedy trial. |
| 4th Amendment | key in protecting US citizens against unreasonable search and seizure. |
| 8th Amendment | guarantees the right to have bail set reasonably and prohibits cruel or unusual punishment |
| de facto segregation | segregation resulting form economic/social conditions or personally choice (not lawfully enacted) |
| de jure segregation | segregation imposed by law |
| Jim Crow Laws | Legal segregation of the south. |
| affirmative action | "beyond equal protection". For the grps that were discriminated against and then gave special preferences or quotas to fill based on gender/sex/etc. |
| equal protection clause | in 14th & 5th amendment that states everyone should have equal protection of the laws and national gov. |
| white primary | Democratic party primary in the old "one-party South" that was limited to white people |
| poll tax | tax required to vote; prohibited for national elections by the 24th amendment |
| literacy test | generally used to disqualify black voters; literacy requirement some states imposed as a condition of voting |
| grandfather clause | if grandfather could vote before 1867 (Civil War) then you could vote. |
| Redeemers | illigimately take control of South. Secret societies whose main goals is to terrorize blacks and Democrates to not vote. |
| Compromise of 1877 | Republicans say to Dem. that if they allow Hayes to win the election, then they will take soldiers out of the south. |
| civil rights | the rights of all the people to be free from irrational discrimination |
| civil rights movement | worldwide political movement for equality |
| strict scrutiny test | applied by the court when a classification is based on race/ethnicity |
| ordinary scrutiny | requires nothing more than the fact that unequal treatment of people must have some kind of rational basis. If the distinction being made between people is rationally related to any legitimate purpose, it is constitutionally permissible. |
| heightened scrutiny test | applied when a law classifies based on sex/gender |
| Emancipation Proclamation | an executive order issued by United States President Abraham Lincoln on January 1, 1863. Any area under confederate, if union liberates that area then slavery will be abolished. |
| Black Codes | laws designed to keep african americans in conditions as close as possible to slavery. Curfews & Laws. |
| Civil Rights Act of 1964 | forbids discrimination on basis race/color/religion/sex/national orgin |
| Voting Rights Act of 1965 | outlawed discriminatory voting practices |
| Fair Housing Act 1968 | outlawed unlawful discrimination in housing (selling/renting) based on race, color, sex, national origin, or religion. |
| Seneca Falls convention | an early and influential women's rights convention that started the suffrage movement |
| suffrage movement | tried to get the right to vote for women |
| Age Discrimination in Employment Act of 1967 | prohibits discrimination based on age/ 40+ old |
| Americans with Disabilities Act of 1990 | all public buildings are accessible with disabilities. |
| nationalization | to convert to US citizenship |
| right of expatriation | the right to renounce one's citizenship |
| jus soli | a rule that the citizenship of a child is determined by the place of its birth |
| jus sanguinis | a rule that a child's citizenship is determined by its parents' citizenship |
| 13th amendment | officially abolished slavery |
| 15th amendment | right to vote for african american males |
| 19th amendment | right to vote for women |
| 5th Amendment | no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously. |
| 14th Amendment | This amendment provides a definition of a citizen of this country. This amendment provides that all states will provide equal protection to everyone within their jurisdiction. It provides due process under the law and equally provides all constitutional rights to all citizens of this country, regardless of race, sex, religious beliefs and creed. |
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