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American Government Study Guide Civil Rights and Civil Liberties/The Judicial Branch
This set is created as a study guide for an exam covering the two topics: Civil Rights and Civil Liberties and the Judicial Branch.
Terms in this set (77)
Process used by the Supreme Court to protect individuals from actions by the state and local governments by interpreting the due process clause of the 14th amendment as containing selected provisions of the Bill of Rights.
1789. (1) Privilege against self incrimination, (2) Miranda Confessions, (2) Prohibition against double jeopardy, and (3) Right to Counsel
1868. All people born in the US are citizens of this country, and as citizens, it's illegal to deprive someone of those rights
Plessy vs. Ferguson
1896. Denied bus ride because 1/8 black (blonde hair/blue eyes) Separate-but-equal doctrine - segregation okay as long as both had access to the same resource.
Article of Judicial Branch
Article III Sect. I: Created one national Supreme Court - Congress with the power to create lower courts.
Brown vs. Board of Education
1954. Unanimous Supreme Court decision to overturn separate but equal in education. Decision saying, segregation in SCHOOLS is a violation of the 14th amendment
Judges take an active role in investigating cases and questioning witnesses.
Legal system in which the judge plays a relatively passive role as attorneys battle to protect each sides interest (US courts)
The use of tariffs, quotas or subsidies to give domestic producers a competitive advantage over foreign producers. Meant to protect domestic production and employment from foreign competition.
Belief that one sex is superior to another.
Two types: Criminal Prosecution and Civil Lawsuits.
Criminal Prosecution - Court case involving a crime or violation of public order.
Civil Lawsuits - Individuals, corporations seek compensation arising from private disputes.
Also known as court of appeals - hear cases from Judicial decisions and jury district in trial courts.
Only court created by the Constitution/highest court/original and appellate jurisdiction.
Equal Pay Act
1963. Equal pay for women and men in same position or doing similar work.
1920. Gave women the right to vote.
A case that involves a disagreement between two or more persons or organizations and where there is no crime involved
one in which court action is brought by the government against a person or groups of people accused of committing a crime, resulting in a fine or imprisonment if found guilty.
A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.
Judiciary Act of 1789
Established a federal court system that is independent from the states.
Brings the suit. , A person or party filing a lawsuit
Who the suit is against., An individual or group being sued by a plaintiff or charged with a crime by a prosecutor.
Judiciary Act of 1925
power to grant certiorari - Given if a federal court of appeals has rendered a decision in conflict with the decision of another federal court of appeals on the same manner.
A petition asking a court to inspect proceedings and decision of a lower court.
Justice John Marshall
Fourth Supreme Court Justice who established the notion of judicial review; Established power of Supreme Court and federal government; Ex: McCulloch v. Maryland
Marbury v. Madison
The 1803 case in which Federalist Chief Justice John Marshall decided whether Marbury should be appointed district justice even though the letter from Adams was never sent first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution thereby they could also declare any law or any part of a law unconstitutional and therefore illegal (the Judiciary Act of 1789-gave Supreme Court original jurisdiction over the case, which was against the constitution)
Power of Judicial Review
Congress - law unconstitutional
President - Declare action as unconstitutional
Supremacy Clause - Article 6 - national government supreme over state government. Supreme court declares any state/local government law unconstitutional.
Court - Final authority as to the meaning of the Constitution.
A clause of Article IV of the Constitution that states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or subdivision
Power to hear a case first, before any other court
Authority of court to review a decision of a lower court.
A court's list of cases to be heard
Rule of Four
Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Issues capable of being settled as a matter of law. "Capable of Resolution"
A judicial ruling that serves as the basics for the ruling in a subsequent case.
Use the precedent and apply the facts of your specific case to persuade the court as to why this does or does not apply to your specific case.
Document that outlines the reason for the case being in court and the argument must be a statement of facts that directly applies to the case.
Opinions of the Court (ALL 3)
Per curiam opinion - decision written as an opinion brief.
Concurring opinion - Justices agreeing with or forming the majority opinion.
Dissenting Opinion - Justices in the minority write an opinion explaining why they disagree with the majority opinion of the court.
Judicial Restraint (Reinquist Court)
A judicial philosophy in which judges play minimal policy-making roles, leaving that duty strictly to the legislatures.
Interpret laws, precedents loosely and interject their own values. Warren Court believed you had to shape the law to fit contemporary society. A judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values.
Testing ideological purity in selecting judges - political motives carried out before the presidential nomination/appointment.
A consistent set of beliefs by groups/individuals.
Rights citizens have to protect themselves from government infringement on life liberty, and property... This declares what a government cannot do to citizens, which comes from the Bill of Rights.
Freedom of Religion
Cannot restrict establishing or prohibit the exercise of a religion.
Guarantees freedom from religion by providing a basis for Supreme Court decisions limiting government support for and endorsement of particular religions.
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Freedom of Religion
A First Amendment provision that prohibits government from interfering with the practice of religion.
A compelling government interest test - Government must demonstrate the necessity of a specific law in order to outweigh an individual's desire to engage in religious practice.
Freedom of expression
Part of the First Amendment protecting freedom of speech, press, assembly, and the right to petition the government.
Freedom of speech
Standard set by the clear and present danger test. First Amendment
Clear and present danger test
allows government regulation of some expression - no person can use any type of speech that would result in an evil that Congress can prevent and poses imminent harm. Restrictions towards the first amendment.
Expression of an idea or viewpoint through action
Constitutional law doctrine holding that some works will receive no First Amendment protection because a court determines they depict sexual matters in an offensive way.
Defamation - Libel / Slander
False, harmful statements whether spoken words (Slander) or written words (Libel).
Right to Due Process of Law
Cannot deprive citizens of privileges or immunities from the Bill of Rights.
Any evidence gathered in violation of the Constitution cannot be used in court. Improperly gathered evidence may not be introduced in a criminal trial.
Good Faith Exception
An exception to the exclusionary rule. Any evidence gathered through improper questioning to protect public safety, would have been "inevitably discovered," improper warrant issued by judicial mistake, or used at grand jury hearings or parole hearings.
Speedy, Public Trial
Allows all accused to have their day in court and have a jury of their peers determine their guilt or innocence - allows accused to see all evidence against them.
Verdict is determined by the judge without a jury.
A list of rights that police in the United States must read to suspects in custody before questioning them - pursuant to the Supreme Court decision in Miranda v. Arizona.
Civil Rights definition
Power or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or other individuals.
Civil Rights Amendments
13th amendment- 1865. Slavery or involuntary servitude shall not exist in the U.S.
14th amendment- 1868. All people subject to U.S. jurisdiction or born in U.S. are citizens.
15th amendment- 1870. Allowed all citizens the right to vote based on different races, and also former slaves
Belief that human races have distinct characteristics such that one's own race is superior to and has a right to rule others - led to racial segregation.
Separation of societies because of race.
Integrating different racial societies.
Court of last resort
The highest appeal court in the state and federal systems.
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities.
Judiciary Act of 1789
Extended and can change appellate jurisdiction of federal judiciary.
Judiciary Act of 1925
Introduced Certiorari system which allowed court to pick and choose what cases it reviewed. (4 justices must agree to hear case RULE of 4
It's a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.
Power of Judicial Review
The power of the courts to determine whether a law or action by the other branches of government is constitutional
Opinions of the Court (Per curiam opinion)
decision written as an opinion brief.
Opinions of the Court (Concurring Opinion)
Justices agreeing with or forming the majority opinion.
Opinions of the Court (Dissenting Opinion)
Justices in the minority write an opinion explaining why they disagree with the majority opinion of the court.
Lemon v. Kurtzman
1971. Issue if government can pay salary for secular teachers at religious schools.
Trial by Jury
A right to have criminal guilt decided by a body of citizens drawn from the community.
Slavery or involuntary servitude shall not exist in the U.S.
All people subject to U.S. jurisdiction or born in U.S. are citizens.
1870. Allowed all citizens the right to vote based on different races, and also former slaves
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