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68 terms

PolySciE

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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