Government Test 4 Flashcards

;( I wanna cryy (78 cards)

1
Q

The right of a court to review the ruling of a lower court.

A

Appellate jurisdiction

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2
Q

Highest court in the United States.

A

Supreme Court

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3
Q

Serves to remind the justices on the Supreme Court that differences of opinion do not preclude harmony of purpose.

A

Conference Handshake

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4
Q

Marks the final stage of the Supreme Court’s decision-making process.

A

Opinion Day

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5
Q

The armed citizenry.

A

The Militia

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6
Q

A written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place.

A

A warrent

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7
Q

Assembled to examine evidence to determined whether there is sufficient evidence against that accused to try a case.

A

Grand jury

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8
Q

Assembled to hear a case in court and to issue a verdict.

A

Trial jury

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9
Q

Material presented as proof at a trial.

A

Evidence

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10
Q

States that evidence obtained illegally is not admissible in court.

A

Exclusionary Rule

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11
Q

A request that a higher court review the case records and verdict of the lower court.

A

Appeal

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12
Q

A lawyer’s written argument.

A

Brief

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13
Q

Past decisions involving similar cases.

A

Precedent

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14
Q

The idea that the Supreme Court should interpret and apply the Constitution according to the original understanding of those who wrote and ratified it.

A

Judicial Restraint

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15
Q

The power to decide whether or not to hear a case.

A

Discretionary review

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16
Q

The idea that the Supreme Court should go beyond the Constitution to change societal behavior.

A

Judicial Activism

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17
Q

Courts created by Congress under the authority given to them by Article III.

A

Constitutional courts

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18
Q

Word that refers to the right of a court to hear and decide a case.

A

Juristiction

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19
Q

The professional interest group that has the most influence on the President and his choice of a federal judge.

A

American Bar Association

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20
Q

The amount of justices that currently serve on the Supreme Court.

A

Nine

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21
Q

The case asserted for the Supreme Court the right of judicial review.

A

Marbury v. Madison

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22
Q

The chief justice that ruled in the Marbury v. Madison case.

A

John Marshall

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23
Q

Term that describes a statement of an individual citizen’s legal privileges.

A

Bill of Rights

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24
Q

The chief decision makers of the federal judiciary.

A

Judges

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25
Term that refers to an official examination of available evidence in a court of law.
Trial
26
The most active of the federal judiciary courts.
United States District Courts
27
Term that describes the right of the Supreme Court to declare a law, or an action based upon that law, unconstitutional.
Judicial review
28
Term that refers to a petition for the Supreme Court to hear a case.
Writ of certiorari
29
Kind of briefs that are filed by individuals who are not parties in a particular case but still have an interest in the case's outcome.
Amicus curiae
30
Not a type of judicial opinion issued by the Supreme Court.
Appellate opinion
31
Under this chief justice the Supreme Court adopted the philosophy of judicial activism.
Earl Warren
32
Case regarding abortion that illustrated radical judicial activism.
Roe v. Wade
33
Not part of the historical background for the Bill of Rights.
Judiciary Act of 1789
34
Not guaranteed by the First Amendment.
Freedom of trial by jury
35
Word that means to destroy a person's reputation by false writing.
Libel
36
Law restricting the sale of handguns by requiring a waiting period for the purchase of a handgun.
Brady Law
37
Special military court where members of the armed forces are tried.
Court-Martial
38
Term that means a crime so serious that it is punishable by death.
Capital crime
39
(Amendment) Guarantees the right to keep and bear arms.
Amendment 2
40
(Amendment) Prohibits the quartering of soldiers in private homes.
Amendment 3
41
(Amendment) A person will not be forced to testify against himself in court.
Amendment 5
42
(Amendment) The right to "speedy and public trial."
Amendment 6
43
(Amendment) Guarantees trial by jury in civil cases.
Amendment 7
44
(Amendment) Prohibits excessive punishments.
Amendment 8
45
(Amendment) Reserves the powers not delegated to the national government by the Constitution for the states and the people.
Amendment 10
46
(Amendment) Deals with lawsuits filed against states in federal courts
Amendment 11
47
(Amendment) Abolished slavery.
Amendment 13
48
(Amendment) The source of federal civil rights legislation.
Amendment 14
49
(Amendment) Prohibited alcoholic beverages.
Amendment 18
50
(Amendment) Granted women the right to vote.
Amendment 19
51
Essay: Explain the original meaning of the separation of church and state. Why is it important that Christianity not be barred from American law and government?
Separation of church and state originally meant that there should be no established religion, nor any legal or institutional ties between church and state. Religion and morality, especially Christianity, are essential to the survival of a free society and a federal republic. Freedoms, liberties, and rights must be set within the framework of a Christian moral order and of common cultural values derived from Christianity.
52
(Amendment) guarantees freedom of religion, speech, assembly, and of the press.
Amendment 1
53
(Amendment) Freedom from unreasonable searches and seizures
Amendment 4
54
(Amendment) enumerated rights of the people.
Amendment 9
55
(Amendment) granted former slaves the right to vote.
Amendment 15
56
(Amendment) provided for a federal income tax.
Amendment 16
57
(Amendment) provided for direct election of senators by voters.
Amendment 17
57
(Amendment) "lame duck" amendment, moved the date that newly elected officeholders take position.
Amendment 20
58
(Amendment) repeal of prohibition.
Amendment 21
59
(Amendment) abolished poll taxes.
Amendment 24
60
(Amendment) voting age moved to 18.
Amendment 26
61
A test used in deciding an establishment case.
Lemon Test
62
Three documents that form historical background to the Bill of Rights.
Massachusetts's Body of Liberties, English Bill of Rights, Virginia Declaration of Rights.
63
Required citizens to pay a tax before the voted.
Poll Taxes
64
The right of civil government to take over a person's land/private property for public use.
Eminent Domain
65
A sum of money that a person accused of a crime deposits with a court in order to be temporarily released from jail.
Bail
66
Allowed the executive branch to carry out prohibition.
Volstead Act
67
Which group provided final support for the ratification of the constitution of Virginia?
Baptists
68
The right of a court to be the first to hear and decide a case.
Original jurisdiction
69
Created by Congress in 1891 to handle the backlog of cases presented before the Supreme Court.
Court of Appeals
70
Abraham Lincoln, issued a war measure in 1863 to declare the slaves in the confederacy forever free.
Emancipation Proclamation
71
A serious crime
Felony
72
False speech.
Slander
73
To say/write anything that would harm his country or advocate it's violent revolutionary overthrow.
Treason
74
Three purposes of establishment clause.
To prevent having an established national religion/state church, to ensure freedom of religion, to permit individual states to deal with religious institutions.
75
A single, official church to ensure national unity.
State Church
76
Why did prohibition fail?
The law wasn't enforced and people broke the law.
77
A court order for an individual to appear in court as a witness.
Summons