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
cases in which decisions are made regarding whether or not to punish individuals accused of violating the state or federal criminal code
noncriminal cases in which courts resolve disputes among individuals and parties to the case over finances, property, or personal well being.
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
the branch of law that regulates the conduct of individuals, defines crimes and specifies punishments for criminal acts
Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the supreme court?
Govt should rarely intrude on your free choice; govt leaves you along (due process;restrains on govt)
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
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
Judicial doctrine that places a heavy burden of proof on the govt when it seeks to regulate or restrict speech
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
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
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
the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
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 philosophy whose adherents refuse to go beyond the clear words of the constitution in interpreting its meaning
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
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)
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.
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
The doctrine of _____ suggests that courts follow prior decisions when ruling on a case.
When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)
A decision of the Supreme Court that represents the agreed-upon compromise judgment of all the justices in the majority
cruel and unusual punishment
Which of the following rights is NOT found in the original unamended constitution