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Midterm Flashcards

(101 cards)

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1
Q

1st Amendment

A

Freedom of Speech, Religion, Press, Assembly, and Petitioning

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2
Q

2nd Amendment

A

Right to bear arms

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3
Q

3rd Amendment

A

Prohibits mandatory quartering of soldiers

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4
Q

5th Amendment

A

Protections from: Self Incrimination, Double Jeopardy. Establishes the concept of Eminent domain, Grand juries, and Due process

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5
Q

6th Amendment

A

Accused are granted: speedy & public trial info on nature & cause of charges against them Confronting of witnesses against them Power to compel witnesses to testify Guaranteed the assistance of counsel

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6
Q

7th Amendment

A

Allows for government to be the entity that settles disputes between private citizens through the courts and lawsuits

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7
Q

8th Amendment

A

Prohibits Government from inflicting cruel and unusual punishment

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8
Q

9th Amendment

A

Statse that people enjoy rights beyond those listed in the Constitution

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9
Q

10th Amendment

A

Powers not specifically granted to the national government in the US constitution are left to the state government

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10
Q

14th Amendment

A

Government must treat every citizen equally and the national, state & local government must follow the Constitution & Bill of Rights

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11
Q

Texas v. Johnson

A

1989 Johnson set flag on fire protesting the policies of Reagan admin outside the Republican National Convention. Court interpreted that the freedom of speech, really means a freedom of expression. Established that safe flag burning was constitutionally protected symbolic speech.

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12
Q

Tinker v. Des Moines School District

A

1969 Students were suspended for wearing black armbands to protest Vietnam War. Court ruled that suspensions were unconstitutional because of symbolic speech.

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13
Q

Schenck v. U.S.

A

1917 Marxist passing our pamphlets that encouraged people to resist the draft and adopt communism during WWI Court ruled that even though he was exercising his right to free speech, his speech constituted a clear and present danger to others and could be banned.

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14
Q

Clear and Present Danger

A

government can limit your civil liberties if the exercise of those liberties is potentially harmful to others.

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15
Q

National Socialists Party v. Skokie

A

1977 Group of Nazi’s wanted to march through a Jewish neighborhood full of holocaust survivors. The city denied them a permit to do so because it could result in a violent response. Court ruled, using Hecklers Veto doctrine, maintained that the permit could not be withheld simply because the contact was insightful & distasteful.

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16
Q

Free Exercise Clause

A

The government cannon restrict one from practicing their faith/religion.

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17
Q

Establishment Clause

A

The government cannot establish or endorse one religion or denomination over another.

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18
Q

Lemon v. Kurtzman

A

1971 Rhode Island & Pennsylvania had tax dollar funded programs to supplement the salaries of teachers at religious K-12 private schools. Court found that PA. and RI. did violate the establishment clause. Established the Lemon Test.

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19
Q

Lemon Test

A

Test for approving government support of religious institutions. Funded actions must have a secular purpose not advance of impede religion avoid excessive entanglement with religious activities

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20
Q

Federal Communications Commission (FCC)

A

Federal agency responsible for regulating the media and deciding what contact is appropriate on TV & radio.

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21
Q

Freedom of Info. Act (FIOA)

A

Act that mandates that all government documents be made available to citizens upon request. Issues dealing with personnel or national security are exempt.

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22
Q

Defamation

A

Unsubstantiated statements about an individual through slander or libel that harm someone’s reputation or cause them economic harm.

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23
Q

Slander

A

spoken word

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24
Q

Libel

A

written word

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25
Public Figures Doctrine
Allows public figures to be ridiculed or even lied about with little recourse, mainly because they chose to be public figures.
26
Prior Restraint
When government prohibits an action before it occurs. Generally regarded as unconstitutional.
27
NYTimes v. U.S. (Pentagon Papers)
1971 NYTimes obtained info through a leak that the war effort in Vietnam was going a lot worse than most people realized. Court ruled that Prior Restraint can only be used temporarily if it is demonstrated that info will cause direct harm to troops in the field. Request rejected.
28
McDonald v. City of Chicago
2010 Chicago city council passed a ban on possession and sale of hand-guns and assault weapons Court struck down the ban as unconstitutional because it violated the 2nd amendment.
29
Symbolic Speech
non-verbal expression that is protected by the 1st amendment.
30
Weeks v. U.S.
1926 Court required federal govt to return seized lottery tickets because they were discovered w/o a warrant. Est. exclusionary rule.
31
exclusionary rule
evidence that is collected in a way that is inconsistent with the Constitution (4th amend) cannot be used in a criminal prosecution.
32
Motion to Suppress
excludes evidence from being used by the prosecution if found in an unconstitutional way.
33
Probable Cause
Where the police can search your vehicle or effects if there is reasonable suspicion that illegal activity has occurred. does not pertain to the home.
34
Plain View Rule
Evidence can be collected w/o a warrant if illegal activity, or evidence is clearly seen out in the open.
35
Eminent Domain
The process by which govt can take private property for public use by providing fair (just) compensation.
36
Double Jeopardy
forbids govt from prosecuting someone more than once for a crime where one has already been either convicted or acquitted.
37
Self-Incrimination
Admitting or linking oneself to criminal activity. Citizens have the right to remain silent if questioned by the police or in court.
38
Felony
Major crimes that often result in incarceration or stiff fines. ex. murder, possession of large amounts of narcotics, Grand Larceny.
39
Misdemeanor
Minor crimes that do not usually result in jail-time. ex. speeding, possession of small amounts of certain narcotics, certain alcohol violations.
40
Victimless Crimes
Malum Prohibitum crimes that do not affect anyone except the law breaker. ex. drug usage, seat belt laws, helmet laws, consensual sexual behavior.
41
Malum in se Crimes
Evil or wrong in itself. ex. unjustified homicide, rape, assault.
42
Criminal Negligence
Criminal action that is the result of an indirect or accidental action or inaction. ex. DUI, Death due to fighting, failure to prevent someone's immediate death.
43
Due Process
Requirement that all defendants get the same rights & process regardless of race, wealth, or appearing guilty
44
Habeas Corpus
Defendant must: be informed of charges against them, and be allowed to question a judge about why they are being detained.
45
Preliminary hearing
a hearing where the: defendant is notified of charges, bail is set, and re-notified of their rights.
46
Indictment
gives permission to the court to try a defendant for a felony.
47
Grand Jury
Jury of citizens who decides if there is enough evidence to indict a defendant & bring them to trial.
48
Arraignment
Hearing where: indictment is read, defendant enters their plea, trial date is set.
49
Discovery
Both sides have to reveal all of the evidence that they are going to use in trial.
50
Plea Bargain
defendant can admit guilt in exchange for leniency.
51
Jury Selection
selection process where a jury pool of up to 100 citizens is reduced to a jury of 12.
52
strike for cause
the potential juror is incapable of serving on the jury because they have a blatant bias or they know the defendant.
53
preemptory challenge
each side gets 12 strikes to remove any potential juror for any reason.
54
beyond a reasonable doubt
jury is 85% sure that the defendant committed the alleged act.
55
hung jury
a jury decision that is not unanimous. Results in a mistrial and the defendant CAN be re-tried.
56
Civil Law
deals primarily with relations between individuals & organizations. The results of which are typically monetary judgements rather then jail-times or fines. ex. marriage, family law, contracts, torts & property disputes.
57
Criminal law
prohibits certain actions and lays out certain penalties for those who engage in that prohibited conduct. ex. murder, theft, DUI, polygamy, drug possession.
58
preponderance of evidence
the standard for a civil suit where the jury only has to be more sure than not (50%+1) that the defendant is to blame. In most states, only 3/4 of the jury must be convinced to this level.
59
Common Law
a legal system that: bases it's rulings on how previous ours have decided similar matters ) called Stare Decisis)
60
Stare Decisis
Judges are required to decide cases based on how the Supreme Court or other judges have decided similar cases (precedents).
61
Original Jurisdiction (definition)
the level of courts where almost all civil and criminal cases must start. The main Court of Original Jurisdiction is the District Court.
62
District Courts
Courts of Original Jurisdiction at both the state and federal level. Almost all felony criminal and civil cased must start at the district court.
63
Standard of Care
the degree of caution required of an individual who is under a duty of care.
64
Culpability
the degree of someone's blame-worthiness in the carrying out of an offense.
65
Appellate Courts
Courts (state & federal) hear cases only after they have been decided at the district court level. Appeals Courts ONLY decide whether the lower court followed the Constitution and required procedures (not blame or guilt).
66
Diversity of Citizenship
If both parties reside in different states and the matter in question exceeds $75,000, then the Federal District Court hears the case instead of local district courts.
67
4th Amendment
Unreasonable search & seizures, searches w/o warrant
68
Civil Liberties
areas of social life including free speech, press and religion where the government is prohibited from intrusion or control.
69
Open Meetings Act
Act that mandates that all government meeting and meeting documents be open & available to the public. Meetings dealing with personnel or national security are exempt.
70
Article I, Section 8
lists the powers of congress & the national govt Called Enumerated Powers
71
Administrative Law
legal negotiation of the enforcement or application of tax, business or other bureaucratic regulations
72
Civil Procedure
1. Issue initiated by Plaintiff (establish jurisdiction, complaint, summons) 2. Response by Defendant (dismissal motions) 3. Evidence Assembly (discovery, depositions, & interrogatories) 4. Pre-Trial (more dismissal motions & Voir Dire Jury selection 5. Trial (present evidence & witnesses, direct, cross, and redirect interrogations, plaintiff first, Defendant gets last word. 6. Jury Deliberations & Awards (3/4 of Jury must find culpability according to a preponderance of evidence (51% sure), Jury awards damages, can result in court order, eco/noneco damages, or punitive damages.
73
Commerce Clause
the ability of congress to regulate all economic activity that crosses out of one state and into another.
74
Concurrent Powers
THese are powers that both the national & state government share simultaneously.
75
Criminal Procedure
76
Economic Damages
compensation monetary losses such as medical expenses, earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services, loss of employment or business opportunities.
77
Enumerated Powers
Powers listed in Art I, sec 8 of the constitution which lay out the powers of Congress & the national govt.
78
Federalism
a system where power is shared between the national govt. and the state govt's
79
Full faith & credit
states must recognize the licenses, and vertification of other states.
80
Gideon v. Wainwright
1963 accused of burglarizing a Florida pool hall tried & convicted w/o councel Court ruled that the 6th amd. included the right to have counsel provided by the state if the defendant couldnt afford one.
81
Griswold v. Connecticut
1965 a law prohibited married couples from using birth control or parental counseling Griswold convicted for giving BCP and counseling to a married couple Court ruled that the law violated the Right to Privacy conviction was reversed
82
Heart of Atlanta Motel v U.S.
1964 Motel was privately owned "white only" Congress justified commerce clause use claiming that hotels were involved in the "flow of commerce" Court ruled that since blacks coult not find reasonable accommodations while traveling, discrimination had a detrimental effect on interstate commerce.
83
Hecklers Veto
political speech cannot be banned because its distasteful or might result in a violent response.
84
Judicial Activism
Belief that the court Should: interpret the constitution loosely occasionally create new rights or policies that are not specified in the Constitution override or match the power of gongress &
85
Judicial Restraint
Belief that courts SHOULD NOT: make policy (policy interpreters not policy makers) override laws passed by congress/president unless those branches act in a clearly unconstitutional matter.
86
Jury requirements
fair and less likely to be blanantly biased to either side.
87
Lochner v. New York
1905 NY law limited bakers from working more than 60 hr/wk Lochner sued claiming that it was his right to chose how much he worked and for what rate. Court ruled the law violated the "liberty of contract" even though it is no where listed in the constitution.
88
Loving v. Virginia
1967 Black female, married white male in D.C. home stated of Va refused to recognize the union, sentenced to 1 yr in jail or leave the state. Court ruled that the right to choose a mate is a fundamental right even though marriage is not mentioned in the constitution.
89
McCulloch v. Maryland
1819 Congress established the Bank of the U.S. owners of locally owned banks were upset because the Bank of the U.S. was stealing their customers Sued claiming that Art. I, Sec. 8 did not authorize Congress to establish a national bank. Court ruled that Congress could create the bank using the Necessary & proper clause established Supremacy Doctine and allowed congress to function beyond Art.1, Sec.8
90
Miranda v. Arizona
1966 Miranda arrested for rape and kidnapping and not informed of his rights to counsel and not to incriminate himself. Supreme Court agreed that he should have been made aware of his rights. Precedent and law established that criminal suspects had to be made aware of their constitutional rights before being questioned by police. "Miranda Rights"
91
Affirm
support the lower courts ruling
92
majority opinion
after a vote of the 9 member court, the side with the most votes gets to write a statement regarding how they want the law interpreted or nullified by the lower courts.
93
Remand
sends it back to the lower court with instructions to fix certain issues
94
Reverse
totally abandon the rulings of the lower court
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contract law
dispute dealing with a creach of mutually agreed action or inaction
96
family law
disputes arising out of divorce decrees, custody battles, or child emancipation
97
Judicial review
where the court determines if a law is consistent with the constitution. if not the law is thrown out.
98
Marbury v. Madison
1803 Marbury was apointed by Adams on his way out of office, but did not take effect before term expired. Marbury sued and filed writ with Supreme Court Court ruled he was entitled to commission, but they did not have original jurisdiction. established judicial review because the court incalidated the section of the Judiciary Act of 1789 that he relied on during appeal
99
Roe v. Wade
1973 supreme court struck down the anti-abortion laws of 46 stated. The basis for the ruling was the "Right to Privacy" precedent estabilished in Griswold v. Connecticut.
100
Tort Law
any type of civil wrong (except for contracts) where people sue as a result of negligence or intentional activity.
101
Writ of Certiorari
a document issued by the Supreme Court to call a case up from the lower courts for review. this is often simply called granting "cert." it takes 4 of the 9 justices to agree to grant "cert."

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