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AP Gov Ch 14 and Ch 4
Terms in this set (68)
to declare that a court ruling is valid and must stand
a court having jurisdiction to review cases and issues that were originally tried in lower courts.
a judicial philosophy that looks to the context and purpose of a law when making an interpretation
Judicial interpretations of common- law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
A lawsuit filed by an individual seeking damages for "all persons similarly situated."
judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.
A separate opinion prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
Law that defines crimes against the public order and provides for punishment. Government is responsible for enforcing criminal law, the great body of which is enacted by states and enforced by state officials in state courts. The criminal caseload of federal judges is growing.
A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
Exists when a court's authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases
gibbons v ogden (1824)
the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation
A doctrine holding that the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authorit
A doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.
the power of the supreme court or any court to hold a law or other legal action as unconstitutional; the process for deciding whether a law is contrary to the mandates of the Constitution
(senate) judiciary committee
Has authority over confirmation of judicial nominees.
The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Two jurisdictional issues are where a case arises as well as its subject matter
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit. this is what many interest groups do
a court opinion reflecting the views of the majority of the judges
Marbury v Madison (1803)
1) first explicated judicial review by Justice Marshall; Marbury (federalist) did not receive his commission from Madison (Dem-Rep); court was unable to give commission because the appointment because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the U.S. Constitution and was therefore null and void.
established the legal authority of the Supreme Court over the states and other branches of the federal government.
McCulloch v Maryland (1819)
Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers; Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution
a court opinion reflecting the views of the minority of the judges
The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor.
The authority of a court to hear a case "in the first instance."
A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
very conservative, but its decisions were not predictable
to send a case back to the court that originally heard it
to annul or make void a court ruling on account of some error or irregularity
rule of four
A United States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.
In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
Bodies within the judicial branch of government that generally address only one area of law or have specifically defined powers.
"to stand on decided cases"; the judicial policy of following precedents established by past decisions.
The court in which most cases begin.
a court opinion or determination on which all judges agree
one of the Court's most activist courts; it propelled the civil rights movement forward by holding that laws permitting racial segregation violated the equal protection clause.
writ of certiorari
An order issued by a higher court to a lower court to send up the record of a case for review.
Define judicial review and explain the constitutional and judicial origins of this power
judicial review allows the Courts to declare unconstitutional any law or regulation in conflict with the Constitution. This power was not mentioned specifically in the Constitution, but John Marshall claimed the power for the Court in his 1803 decision in Marbury v. Madison.
Explain how judges are nominated and confirmed for the Supreme Court
Federal judges are nominated by the president and confirmed by the Senate. Once appointed, they hold office for life, barring gross misconduct. The nomination and confirmation process, particularly for Supreme Court justices, is often extremely politicized. Democrats and Republicans alike realize that justices may occupy seats on the Court for decades and naturally want to have persons appointed who share their basic views.
Compare the concepts of judicial activism and judicial restraint; link these concepts to the decisions of the Supreme Court in the last few decades
Judges who take an active role in checking the activities of the other branches of government sometimes are characterized as "activist" judges, and judges who defer to the other branches' decisions sometimes are regarded as "restraintist" judges. The Warren Court of the 1950s and 1960s was activist in a liberal direction, whereas the Rehnquist Court became increasingly activist in a conservative direction. One of the criticisms of the Court is that it should not "make law" but should defer to the legislative branch in deciding policy issues. However, in the interpretation of previously written laws, it has often fallen to the Supreme Court to make a final determination.
Discuss the constitutional and political contraints on the Supreme Court
Checks on the powers of the federal courts include executive checks, legislative checks, public opinion, and judicial traditions and doctrines.
Bill of Rights
ten bill of rights that make sure civil liberties are still there and that the government does not abuse any of their power
Cruel and Unusual Punishment
prohibited in the eighth amendment.
in fifth amendment. you cannot trial for the same thing twice
those personal freedoms that are protected for all individuals. They typically involve restraining the government's actions against individuals
Clear and Present Danger doctrine
The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order.
Advertising statements, which increasingly have been given First Amendment protection.
Defamation of Character
Wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.
Engle v. Vitale (1962)
Regents' Prayer case in NY; Regents Wanted to say a prayer at the beginning of the day. Parents said this violated establishment clause. Parents lost. Regents were unconstitutional because you cannot establish one religion
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution versus intelligent design.
A policy forbidding the admission at trial of illegally seized evidence.
Free Exercise Clause
constrains the national government from prohibiting individuals from practicing the religion of their choice. This guarantees the free exercise of religion.
An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial.
Procedural Due Process
controlling word is PROCESS - courts must determine how much process is due in a particular hearing to satisfy the fairness requirements of the constituion
Substantive Due Process
controlling word is LIBERTY - courts must determine the nautre and scope of the liberty protected by the constitution before affording litigants a particular freedom
The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.
Lemon v Kurtzman (1971)
Court ruled that direct state aid could not be used to subsidize religious instruction. 1. Aid has to be secular in aim, 2. it cannot advance or inhibit religion. 3. the government must avoid an excessive entanglement with religion
A written defamation of a person's character, reputation, business, or property rights.
Miranda v Arizona (1966)
Miranda (raped woman) confessed and was convicted. Lawyer said police never informed Miranda that he had a right to remain silent and a right to be represented by counsel. The Court announced the Miranda rights
Restraining an action before the activity has actually occurred. When expression is involved, this means censorship.
Schenck v United States (1919)
Schenck wrote pamphlets in which he claimed that WWI was being fought to benefit the defense industry, and he urged men to resist the draft. The Court upheld Schenck's conviction for making statements that might hinder the military draft. The pamphlets created a clear and present danger to the country because they may have hindered the war effort
The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party.
Nonverbal expression of beliefs, which is given substantial protection by the courts.
Tinker vs Des Moines (1969)
court said wearing black armbands in protest against vietnam war was constitutional and protected by 1st amendment. the armbands did not disruput normal school acivities
know the basic outline of the bill of rights
Be able to identify the different protections for civil liberties in the Bill of Rights
Originally, the Bill of Rights limited only the power of the national government, not that of the states. Gradually and selectively, however, the Supreme Court accepted the incorporation theory, under which no state can violate most provisions of the Bill of Rights.
Be able to discuss the constitutional protection of privacy rights in personal and public life
Under the Ninth Amendment, rights not specifically mentioned in the Constitution are not necessarily denied to the people. Among these unspecified rights is a right to privacy, which has been inferred from the First, Third, Fourth, Fifth, and Ninth Amendments. Major privacy issues today include electronic access to personal data and government surveillance programs. Abortion rights and end-of-life decisions also involve privacy claims.
Identify the rights of the accused and the role of the Supreme Court in defining due process
The Constitution includes protections for the rights of persons accused of crimes. Under the Fourth Amendment, no one may be subject to an unreasonable search or seizure or be arrested except on probable cause. Under the Fifth Amendment, an accused person has the right to remain silent. Under the Sixth Amendment, an accused person must be informed of the reason for his or her arrest. The accused also has the right to adequate counsel, even if he or she cannot afford an attorney, and the right to a prompt arraignment and a speedy and public trial before an impartial jury selected from a cross section of the community. The exclusionary rule forbids the admission in court of illegally seized evidence. Under the Eighth Amendment, cruel and unusual punishment is prohibited.
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