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American Gov 1
Terms in this set (84)
the Judiciary Act of 1789
Most of the details about the Supreme Court were established in.
established judicial review
Marbury v. Madison is signiﬁcant because it .
strike down laws passed by Congress
judicial review enables the Supreme Court to .
A system of relies on legal decisions that built rom precedent established in previous cases.
When one has suﬀered direct and personal harm from the action addressed in a case, it is called .
The president appoints federal judges with the "advice and consent" of the .
through a writ of certiorari
When a litigant who lost in a lower court ﬁles a petition, the case reaches the Supreme Court .
_____________ means that the controversy is not relevant when the Court hears the case.
Oral arguments generally last , and jus-tices wait until the end of the arguments to ask questions.
Generally, the chief justice or the justice decides who writes the majority opinion; justices' individual areas of expertise a actor in making this assignment.
The perspective that when the Constitution is not clear, the justices should be guided by what the Founders wanted is called _____________.
Advocates of ________________argue that the Court must deer to the elected branches and not strike down their laws.
In general, the Court challenges with the elected branches and often to act on "political questions."
Judiciary act of 1798
The law in which Congress laid out the organization of the federal judiciary. The law reﬁned and clariﬁed federal court jurisdiction and set the original number of justices at six. It also created the Ofﬁce of the Attorney General and established the lower federal courts.
Lower-level trial courts of the federal judicial system that handle most U.S. federal cases.
The authority of a court to hear appeals from lower courts and change or uphold the decision.
The Supreme Court's power to strike down a law or executive branch action that it ﬁnds unconstitutional.
The authority of a court to handle a case ﬁrst, as in the Supreme Court's authority to initially hear disputes between two states. However, original jurisdiction for the Supreme Court is not exclusive; it may assign such a case to a lower court.
The process of determining whether a piece of legislation or governmental action is supported by the Constitution.
The various methods and tests used by the courts for determining the meaning of a law and applying it to speciﬁc situations. Congress may overturn the courts' interpretation by writing a new law; thus it also engages in statutory interpretation.
The person or party who brings a case to court.
The person or party against whom a case is brought.
An agreement between a plaintiff and defendant to settle a case before it goes to trial or the verdict is decided. In a civil case this usually involves an admission of guilt and an agreement on monetary damages; in a criminal case it often involves an admission of guilt in return for a reduced charge or sentence.
Class Action Suit
A case brought by a group of individuals on behalf of themselves and others in the general public who are in similar circumstances.
Law based on the precedent of previous court rulings rather than on legislation. It is used in all federal courts and forty-nine of the ﬁfty state courts.
A legal norm estab-lished in court cases that is then applied to future cases dealing with the same legal questions.
The sphere of a court's legal authority to hear and decide cases.
The intermediate level of federal courts that hear appeals from district courts. More generally, an appeals court is any court with appellate jurisdiction.
A norm in the nomination of district court judges in which the president consults with his party's senators from the relevant state in choosing the nominee.
writ of certiorar
The most common way for a case to reach the Supreme Court, in which at least four of the nine justices agree to hear a case that has reached them via an appeal from the losing party in a lower court's ruling.
The irrelevance of a case by the time it is received by a federal court, causing the court to decline to hear the case.
A criterion that federal courts use to decide whether a case is ready to be heard. A case's ripe-ness is based on whether its central issue or controversy has actually taken place.
A system initiated in the Supreme Court in the 1970s in which law clerks screen cases that come to the Supreme Court and recommend to the justices which cases should be heard.
A presidential appointee in the Department of Justice who conducts all litigation on behalf of the federal government before the Supreme Court and supervises litigation in the federal appellate courts.
Latin for "friend of the court," referring to an interested group or person who shares relevant information about a case to help the Court reach a decision.
Spoken presentations made in person by the lawyers of each party to a judge or appellate court outlining the legal reasons their side should prevail.
A way of interpreting the Constitution based on its language alone
way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than the text alone.
The idea that the Supreme Court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws.
The idea that the Supreme Court should assert its interpretation of the law even if it overrules the elected executive and legislative branches of government.
Freedom of Speech, Press, Assembly, Religion.
Right to bear Arms
No Quartering Act
Protection for Search And Seizures
Double Jeopardy, Miranda Rights. "I PLEAD THE 5TH"
Speedy or Public Trial :Know Accusations
Jury Trial, Jury of peers
Rights of Imprisonment, Cruel and Unusual Punishment
Power To states; Police.Rights to sate and Gov
Freedom of Slaves, Abolition
Due Process, Citizen
Allow African American Males to Vote
The Missouri Compromise
limited the expansion of slavery while maintaining the balance of slave states
Plessy v. Ferguson established
the "separate but equal" doctrine
The principle of ______________ was used in many court cases to deny women equal rights.
education and income
Most of the diﬀerences in voter turnout among whites relative to racial minorities can be accounted for by ______________.
African Americans' civil rights movement
The most successful social movement has been the ______________.
Early in the civil rights movement, which branch provided most of the successes?
Which amendment has been used as the basis or selective incorporation?
clear and present danger test
Which test does the Court use to determine i speech is considered dangerous and should not be legally protected?
symbolic speech; protected
Flag burning is an example of ________________ that is currently ________________ under the First Amendment.
freedom of the press
Prior restraint involves limits on what form of expression?
prayer in public schools
The establishment clause is invoked under which o the following circumstances?
Which test does the Supreme Court use to establish whether there has been "excessive government entanglement with religion?"
Until 2008, the Supreme Court had been _____________ in deﬁning Second Amendment laws, and its decisions generally _____________ gun rights.
Griswold v. Connecticut
In what case did the Supreme Court establish the right to privacy?
protection against unreasonable searches
Which of the following freedoms guaranteed in the Bill of Rights is thought to imply a right to privacy?
It was being inconsistently applied.
In 1972 the Supreme Court banned the death penalty or what reason?
The Bill of Rights originally protected individuals from which level of government?
The process through which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the Fourteenth Amendment.
The highest level of scrutiny the courts use when determining whether a law is constitutional. To pass this test, the law or policy must be shown to serve a "compelling state interest" or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving the goal.
The middle level of scrutiny the courts use when determining whether a law is constitutional. To pass this test, the law or policy must further an important government interest in a way that is "substantially related" to that interest. That is, the law must use means that are a close ﬁt to the government's goal and not substantially broader than necessary to accomplish that goal.
clear and present danger test
Established in Schenk v. United States , this test allows the government to restrict certain types of speech deemed dangerous.
A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.
Slander ; libel
spoken false statements that damage someone's reputation
Public expression with the aim of making a proﬁt. It has received greater protection under the First Amendment in recent years but remains less protected than political speech.
Established in Miller v. California , the Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.
Part of the First Amendment that states "Congress shall make no law respecting an establishment of reli-gion," which has been interpreted to mean that Congress cannot sponsor or favor any religion.
free exercise clause
Part of the First Amendment that states Congress cannot prohibit or interfere with the practice of religion.
due process rights
The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's "life, liberty, or property, without due process of law." Other speciﬁc due process rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches.
The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial.
Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures.
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