Exam 3 Flashcards
(162 cards)
1
Q
Judicial Restraint
A
Judges deffering to policy judements of the elected branches and legal precedent
2
Q
Who is Judicial restraint perferred by?
A
Conservitives
3
Q
Judicial Activism
A
Judges allowing their personal judgment or political views to guide decisions
4
Q
Who is judicial activism favored by?
A
Liberals
5
Q
Precedent
A
Prior court decisions
6
Q
District Courts
A
Original jurisdiction (trial) courts
7
Q
How many geographically based district courts?
A
94
8
Q
Where are federal cases tried?
A
District courts
9
Q
How many judges in a district court?
A
one
10
Q
Circuit/Appeal Courts
A
Review rulings of trials, do not hold trials
11
Q
How many judges in a circuit/appeal court?
A
Rotating panel of 3 judges
12
Q
What jurisdiction is Texas under?
A
5th Circuit, along with Missipsippi and Louisiana
13
Q
Statutory/Statute Law
A
Laws made by legislative bodies
14
Q
Regulations
A
Rules made by administrative agencies (created by statute)
15
Q
Case/Common Law
A
Created through court decisions
16
Q
Stare Decisis
A
Stand by things decided
17
Q
Original Jurisdiction/Trial Courts
A
Courts resolving cases being heard for the first time
18
Q
Appellate Jurisdiction
A
Courts review decisions of lower courts to determine if constituitional and statutory procedures were correctly interpretted and followed
19
Q
Murder Boards
A
Coaching by White House officials on how to respond to tough questions from senators
20
Q
“To Bork”
A
All out opposition to a nominee by means of lobbying and public relations campaign through the media
21
Q
Where did the term “To Bork” come from?
A
Robert Bork, a Reagan nominee rejected by the Senate
22
Q
How are the Federal Courts staffed?
A
Nomination by president, subject to simple majority confirmation by Senate
23
Q
Qualifications needed to be in the Federal Court
A
None
24
Q
Term of Office for federal court
A
Lifetime
25
Can the Federal court salary be reduced while in office?
No
26
Rule of Four
At least four justices must vote to accept case
27
Grant Cert
Accept writ of certiorari
28
Writ of Certiorari
Formal request for the supreme court to hear the case
29
A protection of individual liberty found within the main body of the Constitution (Before the Bill of Right) prhibited the governement from
ex post facto laws
30
Fourteenth Amendment
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
31
The "Wall of Seperation" interpretation of the esablishment clause was strongly advoacted by who
Thomas Jefferson
32
Miranda Rights
A suspect must be read their rights prior to interrogation
33
First Amendment
Freedom of speech, expression, press, assembly, religion,
34
Protects against self-incrimination
Fifth amendment
35
Protects against unreasonable search and seizure
Fourth Amendment
36
Prohibits cruel and unusal punishment
Eighth Amendment
37
Gives a criminal defendant the right to have the assistance of an attorney to represent them in legal proceeding
Sixth Amendment
38
President that signed the American with Disabilites Act
George H.W. Bush
39
League of United Latin American Citizens (LULAC) was formed in
Corpus Christi, TX
40
Civil Rights Act of 1968 concerned with discrimination in what area of society?
Housing
41
Civil Rights Act of 1964
Prohibited discrimination in proffessional settings
42
Established the Seperate but Equal Doctrine
Plessy v. Ferguson
43
Overturned Sepereate but Equal Doctrine
Brown v. Board of Education
44
Little Rock Nine happened in what state?
Arkansas
45
Which tribes did the Indian Removal Act
Cherokee, Chickasaw, Choctaw, Creek, and Seminole Nation
45
Which tribe was removed via the Trail of Tears
Cherokee
46
Prohibited Poll Tax
Twenty-Fourth Amendment
47
What is the current ideology of the Supreme Court
Conservative activist
48
Oral Arguement
One hour with lawyers, each side get 30 minutes, only part of court open to public
49
Habeas Corpus
Requires hearing by a neutral judge
50
Bills of Attainder
Punishes a convict without trial
51
Ex post facto laws
Laws that go into effect immediately
52
The Constitution provides protection against
Habeas Corpus, Bills of Attainder, Ex post facto laws
53
Widely accepted interpretation of Establishment Clause
Govt. prohibited from officially recognizing and supporting a nation church
54
Accommodation interpretation of Establishment Clause
Govt. may not favor/discriminate any one religion, but can encourage religious activity
55
Wall of Separation interpretation of Establishment Clause
Govt. should not aid, support, or encourage religion
56
Lemon Test
The law must have a secular purpose, not advance/inhibit religion, and not encourage excessive govt. entanglement
57
Free exercise clause
Religious beliefs are protected, but not particular religious practices
58
Prior Restraint
English legal tradition prevents govt. from censoring/prohibiting the publication of newspapers
59
Gag order
Prohibit those involved in a trial from speaking publicly until the trial is over
60
Speech can be restricted if it
Represents clear and present danger
61
Due process clause
no person shall be “deprived of life, liberty, or property without due process of law.”
62
Right to Privacy
Not included in U.S. Constitution, existence was proved in 1965 by Supreme court
63
Provisions in right to privacy
2nd Amendment, 3rd Amendment, 4th Amendment, 5th Amendment, 9th Amendment
64
The Patriot Act
granting law enforcement more powers to prevent terrorist attacks
65
selective incorporation
the case-by-case approach of deciding which portions of the Bill of Rights apply to states
66
Double Jeopardy
Repeated prosecution for the same crime
67
eminent domain
property may not be taken, damaged, or destroyed for public use without payment of just compensation
68
exclusionary rule
illegally obtained evidence cannot be used in court
69
plea bargain
defendants agree to plead guilty to charges against them in exchange for concessions from the prosecutors
70
undue burden test
Govt. has burden to justify any restrictions on speech, writings, and assembly
71
Marbury v. Madison
establishes power of judicial review
72
Dred Scott v. Sanford
legal rights of slaves
73
Reynolds v. United States
free exercise clause (polygamy)
74
The Civil Rights Cases
federal regulation of private businesses
75
Plessy v. Ferguson
segregation
76
Schenck v. United States
free speech (clear and present danger)
77
Gitlow v. United States
free speech (clear and present danger)
78
Near v. Minnesota
free press (no prior restraint)
78
West Virginia State Board of Education v. Barnette
free exercise clause (refusal to salute flag)
79
Brown v. Board of Education of Topeka, Kansas
segregation
80
Mapp v. Ohio
unreasonable search and seizure (exclusionary rule)
81
Engel v. Vitale
establishment clause (prayer in public school)
82
Gideon v. Wainwright
right to legal counsel (felony cases)
83
Griswold v. Connecticut
right to privacy (birth control)
84
Miranda v. Arizona
right to remain silent and right to legal counsel (informing suspect)
85
Tinker v. Des Moines School District
free speech (symbolic speech)
86
Lemon v. Kurtzman
establishment clause (aid to church-related private school)
87
New York Times v. United States
free press (no prior restraint)
88
Furman v. Georgia
cruel and unusual punishment (capital punishment)
88
Miller v. California
free speech (pornography)
89
Gregg v. Georgia
cruel and unusual punishment (capital punishment)
89
Roe v. Wade
right to privacy (abortion)
90
Gannett Co. v. De Pasquale
free press (gag orders)
90
Smith v. Collin
right to assemble
91
Texas v. Johnson
free speech (symbolic speech, burning the U.S. flag)
92
Bob Jones University v. United States
free exercise clause (racial discrimination)
93
Nix v. Williams
unreasonable search and seizure (“inevitable discovery” exception)
94
Massachusetts v. Sheppard
unreasonable search and seizure (“good faith” exception)
95
Oregon v. Smith
free exercise clause (use of peyote)
95
Church of the Lukumi Babalu Aye v. City of Hialeah
free exercise clause (animal sacrifice)
96
Reno v. American Civil Liberties Union
free speech (pornography)
97
Santa Fe Independent School District v. Doe
establishment clause (prayer at public school athletic
event using public address system)
98
Atkins v. Virginia
cruel and unusual punishment
99
Virginia v. Black
free speech (symbolic speech, burning the cross)
100
Lawrence v. Texas
right to privacy (sodomy)
101
American Civil Liberties Union v. Ashcroft
free speech (pornography)
102
Roper v. Simmons
cruel and unusual punishment (capital punishment of juveniles)
103
Gonzales v. Oregon
right to privacy (Death With Dignity Act)
104
District of Columbia v. Heller
right to bear arms (handgun ban)
105
McDonald v. Chicago
right to bear arms (handgun ban)
106
Citizens United v. FEC
free speech (corporation & labor union political participation in elections)
107
Shelby County v. Holder
right to vote (preclearance provision of Voting Rights Act)
108
U.S. v. Windsor
equal protection and due process (federal recognition of same-sex marriage)
109
Riley v. California
unreasonable search and seizure (searching cell phone of someone arrested)
110
Obergefell v. Hodges
equal protection and due process (state recognition of same-sex marriage)
111
Bostock v. Clayton County, Georgia
employment discrimination protection for LGBT workers
112
Dobbs v. Jackson Women’s Health Organization
overturned Roe v. Wade (abortion)
112
1st Amendment
the right to freedoms of religion and speech; the right to assemble and to petition the government for redress of grievances
113
2nd Amendment
the right to keep and bear arms
114
3rd Amendment
the right not to house soldiers during time
of war
115
4th Amendment
the right to be secure from unreasonable
search and seizure
116
6th Amendment
the right to a speedy trial by an impartial
jury
116
5th Amendment
rights in criminal cases, including due
process and indictment by grand jury for capital crimes, as well
as the right not to testify against oneself
117
7th Amendment
the right to a jury trial in civil cases
118
8th Amendment
the right not to face excessive bail,
excessive fines, or cruel and unusual punishment
119
9th Amendment
all rights are retained by the people, even
if they are not specifically enumerated by the Constitution
120
10th Amendment
all powers not specifically delegated to the
federal government (or prohibited to the states) are retained
by the states or the people
121
13th Amendment
prohibits slavery
121
15th Amendment
right to vote cannot be infringed on account of
race, color, or previous condition of servitude
122
19th Amendment
extends right to vote to women
123
24th Amendment
prohibits poll tax
124
26th Amendment
lowers voting age from 21 to 18
125
Civil Rights Act of 1866
guaranteed right to purchase or lease property
126
Civil Rights Act of 1871
persons acting under authority of state law
cannot deprive another person of rights
protected by the constitution or federal law
127
Civil Rights Act of 1875
prohibited segregation in privately owned
businesses and facilities
128
Civil Right Act of 1957
created Civil right Division and U.S. Civil Rights Commission, lacked enforcement power
129
Civil Rights Act of 1968/Fair Housing Act
bans discrimination in advertising, financing, sale or rental of housing based on race, religion, national origin, sex
130
AIM
American Indian Movement occupied Wounded Knee, South Dakota, demanding the federal government honor past treaties in which it failed to perform its obligations.
131
Compromise of 1877
political solution to disputed 1876 presidential election, GOP retains White House but agrees to end Southern reconstruction
132
Equal Protection Clause
14th Amendment, states may not “deny to any person within its jurisdiction the equal protection of the laws”
133
Seneca Falls Women’s Rights Convention
Start of organized women's rights movement
134
Americans with Disabilities Act
requires physical access to public buildings & public services
135
Education of Handicapped Children Act
requires free public education for disabled children
136
Equal Rights Amendment
failed to gain state
ratification in 1970s
137
MALDEF is formed from
formed in 1968 after a meeting of
LULAC and NAACP leaders
138
MALDEF
Mexican-American Legal Defense and
Educational Fund
139
NAACP
adopts strategy to challenge segregation through the courts (political litigation)
140
De facto Segregation
results from the private choices of
individuals
141
de jure segregation
results from government
discrimination or laws that foster segregation
142
Southern Christian Leadership Conference (SCLC)
Originates from the Montgomery Bus Boycott, MLK Jr.
143
Title IX (of Education Amendments of 1972)
prohibits gender discrimination in schools
receiving federal funds
144
Voting Rights Act of 1965
requires bilingual ballots
145
Northwest Ordinance
Indian “lands and property shall never be taken from
them without their consent”
146
Trade and Intercourse Act
Indian land can only be taken by treaty
147
Dawes Act
promoted assimilation
148
General Allotment Act
allotment of reservation land to individual Indians
with “surplus” lands made available for whites, governement can break up reservation land
149
Citizens Act
Indians recognized as U.S. citizens
150
Indian Reorganization Act
tribal governments legalized and assimilation efforts
greatly scaled back
151
Indian Self-Determination and Education
Assistance Act
allows creation of tribal colleges
152
Indian Gaming Regulatory Act
legalized gambling operations on tribal land, some Indian tribes with land close to major urban
areas now generate significant revenue from gambling
153
Pooerest Ethnic group in Country
Native Americans
