Test 2
Order by
100 terms
Terms | Definitions |
|---|---|
 What is the most trusted political institution and least democratic | The Supreme Court |
| Who nominates all judges | The President |
| Who confirms the judges and how long do they serve | The Senate, for life. |
| Who was believed to be the weakest branch of government | Judiciary Branch |
| How many member serve of the Supreme Court | 9 members (Determined by Congress) |
| The Supreme Court is part of what system. | The Federal Court System. |
| Which article established the Supreme Ct | Article III |
| How was the Federal Court System Created | In the Judiciary Act of 1789 |
| Define Jurisdiction | Authority to hear and decide certain cases |
| Type of Court that is the first to hear a case and is interested in the facts and rendered a decision or verdict | Original |
| Often called review courts, what court is interested in the application of the law not the facts | Appellate |
| What is the most important criteria for the President in the nomination of a Justice for the Court | Policy Preferences |
| Who was the justice nominee that did not have a unanimous rating and involved Anita Hill | Clarence Thomas |
| What is needed for the Senate to confirm a Supreme Court nominee | Majority vote (50% + 1) |
| Who does the backgroud checks, holds hearings and makes recommendation to the full Senate | Senate Judiciary Committee |
| 2/3rds of the cases that reach the Supreme Court come from what court | The U.S. Court of Appeals |
| Who drafts the list of cases to be discussed. | The Chief Justice or more precisely his (law clerks) |
| How many justices must want to hear a case for it to be accepted. | 4 (This is called the rule of 4) |
| What is a bries filed by Interested Parties Usually interest groups that lobby the courts. | Amicus Curiae (Amicus) |
| During Oral Arguments how long does each side get to summarize their case. | 30 Minutes |
| A Judicial Conference Decision depics | Who won and by What margin |
| If the Chief Justice is on the winning side | He controls the opinion of the court. |
| In a Concurring opinion | The Justices agree with the decision, but not with the opinion. |
| Judicial Review is | The authority of the court to nullify acts of Government by declaring them unconstitutional. |
| What is the Single Most important case heard by the Supreme Court | Marbury vs Madison |
| What did Marshall declare unconstitutional | Section 13 Judiciary act of 1789. |
| What did Marbury vs Madison Establish | Judical review and constitutional authority. |
| Why were the Bill of Rights added (1st 10 amendments) | To gain support for the constitution |
| What case disputed the Govt taking private property for public use | Barron vs Baltimore (1833), Marshall wrote that the bill of rights pertains to the national govt and not the state legislators. |
| The 14th amendment is: | Incorporation Doctrine - US Supreme Ct held most guratees in the Bill of Rights now also apply to State and Local Governments. |
| When did these incorporations become inacted> | 1925-1970 |
| Basic Freedoms of 1st amendment | Speech, Press, Religion and Assembly |
| What is Seditious Speech | A speech that encourages rebellion against the government. |
| Which case compared the draft to slavery. "assert your rights" | Schenck vs U.S. (1919) |
| What test did the U.S. Supreme Court adopt | The "Clear and Present Danger" test. |
| What case advocates workers to "revolutionary mass action" | Githlow vs New York (1925) |
| Due to the Githlow case the Supreme Court adopted what amendment. | The first amendment using the due process clause. |
| Can a KKK member advocate "revenge" on public officals | Yes, that speech is protected. |
| What is symbolic speech | The black arm band. The F&%$ the draft Jacket. Burning draft cards. Burning the flag. |
| In what case did the U.S. Supreme Court rule that obscenity is not protected. | Roth vs U.S. (1957) |
| What case was titled "orgies illustrated" | Miller vs california (1973), where the Supreme Ct ruled that Community Standards can define Obscenity. |
| What can communities ban or censor | Materials unless unless they have serious value. |
| What does S.L.A.P. stand for | Serious literary, artistic, political or Scientific Merit. |
| What did Near vs Minnesota (1931) incorporate? | Freedom of the Press. Supreme Court ruled Minnesota must respect Freedom of the Press |
| Which was deem the Pentagon Papers Case? | N.Y. Times vs U.S. (1971) |
| In which case did the Supreme Court rule that Childrens Press has fewer Rights that Adult Press? | Hazelwood vs Kahlmeier (1988) |
| N.Y. Times vs Sullivan (1964) established what? | Difficult standard for libel overturning a 500,00 judgement in the N.Y. times behalf. |
| What did Engel vs Vitale (1962) determine | sanctioned prayer was allowed in public schools. Supreme Court ruled it was unconstitutional. |
| What is the latest controversy to reach the Supreme Court? | Virginias Minute of silence. Upheld by the supreme court was not considered to be (religious) by secular. |
| What case established the lemon law. (Must have a secular purpose, not advance or inhibit religion, and not entagle government excessively with religion). | Lemon vs Kurtzman (1971) |
| In which case did the Supreme Court outlaw polygamy? | U.S. vs Reynolds (1878) |
| What is Due Process | A set of procedures (process) this is fair or civil (due). |
| MAPP vs Ohio (1961) established what rule? | The Exclusionary Rule, stgating evidence obtained illegally cannot be introduced as evidence. |
| What did the Supreme Court rule on Florida vs J.L. | That it is unconstitutional to frisk an individual based on an anonymous tip only. |
| Miranda vs Arizona (1966) established what? | The "Miranda Card". |
| What case substantiated the obligation to provide legal counsel for states | Gideon vs Wainwright (1963) |
| Where are most executions conducted? | South with Texas as the runaway leader. 8th amendment |
| What case attempted to use statistical bias as a reason for overturning the death penalty | McCleskey vs Kemp (1987) |
| Which case determined if Kentucky could use lethal injections for executions | Baze vs Reese (2008) |
| Negative Freedoms are called? | Civil Liberties (individual) |
| Positive Freedoms are called? | Civil Rights (group) |
| Many early Africans came to America from 1619-1660's as? | indentured servants |
| 3/5th compromise Slaves counted as 3/5 for taxes and representatives. Congress could ban the importation of slaves after 1808 as Part of the? | Great Silence of the Constitution |
| The 13th Amendment? | Prohibits slavery |
| The 14th Amendment? | Granted former slaves citizenship overturning Dred Scott. and establishing "Due Process" |
| DeJure Means? | Segregation that is legally mandated |
| Which type of Segregation is non-legal and is based on factors such as economic inequalities or settlement patterns | DeFacto |
| What was the purpose of Jim Crow Laws? | To establish wholesale segregation of the south. |
| How did the Supreme Court rule in the Civil Rights cases of (1883) | That business owners had significant property rights and could discriminate (Private discrimination constitutional). |
| Which case adopted a Separate but equal doctrine on Louisiana railcars? | Plessy vs Ferguson (1896), by an 8-1 margin the Supreme Court upholds this law as a legitimate exercise of the states police powers. |
| In what case did the Supreme Court rule that public schools must be desegregated "with all deliberate speed"? | Brown vs Board of Education (1954) |
| Under what president and what year was the military integrated? | Truman - 1948. |
| Rusa Parks refuses to give up her seat on a bus causing Martin Luther King Jr to do what? | Boycott the bus lines or the Montgomery Bus Boycott (1955) this was the beginning of the Civil Rights movement |
| When did Dr. King march on Washington for Jobs and Freedom? | August 1963 |
| What act overturned the "Civil Rights cases" of 1883? | Civil Rights Act of 1964 "Public Accommodations and Jobs. |
| What 2 cases upheld the Civil Rights Act of 1964? | Katzenbach vsw McClung (1964), Heart of Atlanta Motel vs U.S. (1964) |
| Which case discussed college entrance slots based soley on ethnicity | University of California @ Davis vs Bakke(1978) |
| How did the Supreme Court rule on the Davis vs Bakke case? | It was 4-4-1 and determined that quotas are illegal but in the future the university can use race as a factor |
| Who do women perfer as thier supervisor male, female? | Overwhelmingly they prefer male supervisors. |
| What did Jefferson say about women? | Women+Politics=Confusion |
| What case discussed whether women could be attourneys? | Bradwell vs Illinois (1873) |
| In the Bradwell case what did the Supreme Court rule? | They upheld illinois ban of women attorneys. |
| How did many early feminists gain political experience? | Fighting Slavery |
| Prior to the 19th Amendment who gave women the right to vote? | Every Western State except New Mexico. |
| The 19th amendment gave women the right to vote in what elections? | National Elections |
| What did Title 9 ban and what year was it passed? | Gender discrimnation in 1972. (targeted for sports) |
| Why and when did the did the Equal RIghts amendment fail? | Because only 35 of 38 states ratified it in 1972. |
| U. S. Supreme | It has 9 members |
| U. S. court of Applets | Has 13 members |
| U.S. Dist. Court | Has 94 members |
| California Sup. Court | Has 7 members |
| Caligornia Court of applets | has 6 members |
| Is burning the flag constitutionally protected by symbolc speech | Yes, flag is protected by the first amendment. Texas vs Johnson |
| Randells Ranking on Pornography & Obscenity | 1. Children 2. Animals 3. Dead people |
| The supreme court upheld the right to a legal abortion | Roe vs Wade 1973 |
| This amendment failed 35 of the 38 required states ratified it. | Equal right Amendment 1972 |
| This is the major federal law banning discrimination based on gender | Title Ix 1972 |
| This amendment gave women the right to vote nationally | The 19th amendment |
| The supreme court by a 9-0 margin rules that public schools must be desegregated. | Brown vs Board of Education 1954 |
| 8th amendment | protection from cruel and unusal punishment |
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