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US Supreme Court

Which of the following was actually specified in the Constitution

Original Jurisdiction

The court with the authority to hear the case first

Appellate Jurisdiction

Authority of a court to hear a case on appeal after it has been argues in and decided by a lower federal or state court.

Judiciary Act of 1789

created a tier system, established a number of justices, created circuit courts

Marbury v. Madison

source of judicial power

Criminal Case

cases in which decisions are made regarding whether or not to punish individuals accused of violating the state or federal criminal code

Civil Case

noncriminal cases in which courts resolve disputes among individuals and parties to the case over finances, property, or personal well being.

Plea Bargains

agreements in which teh state presses for either a reduced set of charges or a reduced sentence in return for a guilty plea

Class Action Suit

single civil case in which the plaintiff represents the whole class of individuals similarly situated and the courts results apply to this entire class

Criminal Law

the branch of law that regulates the conduct of individuals, defines crimes and specifies punishments for criminal acts

Civil Law

the branch of law that deals with disputes that do not involve criminal penalties

judicial review

Why is the supreme court case Marbury v. Madison important?

Criminal Law

In what type of law is the government always the plaintiff?

Appellate Court

In most circumstances, a supreme court is best described as a

3 rules of access

-must be a controversy
-parties must have standing
-cause must not be moot

Solicitor General

Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the supreme court?

Civil Liberties

Govt should rarely intrude on your free choice; govt leaves you along (due process;restrains on govt)

Civil Rights

govt must intrude in order for citizens to be treated fairly (requires govt so that you have equal protection and equal access)

Best describes btwn civil liberties and civil rights

Unlike civil liberties, civil rights place positive obligations on govt taking action

Not found in the original unamended constitution

prohibition against cruel and unusual punishment

14th amendment

Constitutional basis for the nationalization of the Bill of Rights

Establishment clause

Wall of separation between church and state is best found in what clause of the Constitution

Does the Bill of Rights put limits only on the national govt or does it limit state govt as well

Constitutional problem relating to the incorporation of the Bill of Rights can be expressed at the the following question

Strict Scrutiny

Judicial doctrine that places a heavy burden of proof on the govt when it seeks to regulate or restrict speech

Baron v. Baltimore

first case where govt said Bill of Rights doesn't apply to states.

Establishment Clause

prevents congress from passing any laws where religion is stated

The Lemon Test

1.does it have a secular purpose?
2.does it inhance or inhibit religion?
3.action must not foster excessive govt entanglement

Reynold v. US

valid secular test
difference btwn religious beliefs and religious practice

Wisconsin v. Yoder

creationism
doesnt mean you can practice health, safety, and welfare

Libel

communications that are falsely written

Slander

saying something falsely

obscenity

Justice Potter Stewart "I know it when i see it"

Miller v. California (Miller Test)

1. determined by local, not nat'l standards
2.lack the following:1.serious literacy2.serious artistic3.serious political 4.serious scientific

Mapp v. Ohio

What Supreme Court case that declared the exclusionary rule?

Right to use pornography

Which rights do not fall under Constitutional law of right to privacy?

de jure

equality before law

de facto

equality of results

de jure

Legally enforced segregation in public schools is a for of ____ discrimination2

Brown v. Board of Education

Racially segregated schools can never be equal

1963

In __ Martin Luther King, Jr delivered his "I have a dream" speech

Three Categories of Law

Criminal Law, Civil Law, Public Law

stare decisis

let the decision stand

What types of courts exist at the federal level? What is their jurisdiction?

US courts of appeals, US district courts; treaties with other nations, or the US constitution; these areas are the official jurisdiction

how does the judge reach a bench

they are appointed by the president and approved by the senate

judicial review

the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional

judicial activism

judicial philosophy that posts that the court should go beyond the words of the Constitution or a statute to consider the broader socieal implications of its decision

judicial restraint

judicial philosophy whose adherents refuse to go beyond the clear words of the constitution in interpreting its meaning

Sexual harrassment

Franklin v. Gwinnett County Public Schools

Lau v. Nichols

bilingual students

Bowers v. Hardwick

homosexuals

Bakke cases

discrimination based on race for acceptance to a school

Civil Rights Act of 1964

-public accommodations
-employment
-voting
-desegregation

DC v. Heller

personal ownership of a gun

Gideon v. Wainwright

right to counsel and a lawyer

Lawrence v. Texas

overturned Bowers v. Hardwick; a law stating that homosexual relations were sodomy is unconstitutional

Barron v. Baltimore

1833; court ruled that Bill of Rights only applied to the national government, not the states; created dual citizenship

Zelmon v. Simmons-Harris

vouchers pay for religious schools

Van Orden v. Perry

Establishment Clause. Ruled that the 10 commandments were OK because they were of historical significance

McCreary v. ACLU

Religious displays in gov't buildings for religious purposes are not allowable and a violation of the establishment clause (ten commandments)

Pentagon Papers

the govt could not even block publications of secret Defense Dept documents furnished to the New York times

activist judge should believe..

Interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal laws.

Litmus Test

political terms, a person's stand on a key issue that determines whether he or she will be appointed to public office or supported in electoral campaigns

stare decisis

The doctrine of _____ suggests that courts follow prior decisions when ruling on a case.

concurring opinion

When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)

majority opinion

A decision of the Supreme Court that represents the agreed-upon compromise judgment of all the justices in the majority

dissenting opinion

A written opinion of a justice who disagrees with the holding of the Court

cruel and unusual punishment

Which of the following rights is NOT found in the original unamended constitution

Plessy v. Ferguson

seperate but equal;de jure discrimination

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