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18, 19, 20, 21 > Test > Flashcards

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0
Q

How many court systems are there and what are they?

A

Two, National courts and state courts

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1
Q

What part of the constitution creates National Judiciary?

A

Article lll

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2
Q

What are inferior courts and who created them?

A

The lower federal courts, congress created them

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3
Q

What is jurisdiction?

A

The authority of the court to hear the case

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4
Q

What are the types of jurisdiction?

A

Exclusive, concurrent, original, and appellate

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5
Q

Who appoints judges?

A

The president

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6
Q

How long do judges serve?

A

For life

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7
Q

How can you get rid of a judge?

A

Impeaching

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8
Q

What is the term of special court judges?

A

4-15 years

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9
Q

How many Federal District Courts are there?

A

94

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10
Q

How many Appeals Courts are there?

A

12

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11
Q

What is Judicial Review?

A

The power of a court to determine the constitutionality of a government action

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12
Q

What kind of jurisdiction does the Supreme Court have?

A

Original and appellate

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13
Q

What is exclusive jurisdiction?

A

Cases only heard in federal courts

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14
Q

What is concurrent jurisdiction?

A

Cases that can be tried in Federal or State courts

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15
Q

What is original jurisdiction?

A

When the case is first heard; the original trial

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16
Q

What is appellate jurisdiction?

A

Hears a case on appeal from a lower court

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17
Q

How many justices does it take for a case to come up to the Supreme Court? What do they issue?

A

4/9. They issue a document

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18
Q

What are oral arguments?

A

Formal debate rules when you speak in front of Supreme Court Justices.

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19
Q

What are briefs?

A

They’re filed with the court; written documents before all oral arguments begin

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20
Q

What is a conference?

A

Periods over a closed-door conference (opinion)

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21
Q

What is a majority opinion?

A

Announces court’s decision in a case and its reasoning on which it is based

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22
Q

What are precedents?

A

Examples to be followed in similar cases as they arise in lower courts or reach the Supreme Courts.

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23
Q

What are concurring opinions?

A

Authorized by justices to add a point not made in majority

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24
What are dissenting opinions?
Written by justices who disagree with the majority opinion
25
What's the Court of Federal Claims?
Handles all pleas against acts of the US government
26
What are Territorial Claims?
Nation's territories. Guam and Virgin Islands function like local courts in states
27
What is the District of Columbia Court?
Local judicial matters for the district, including trials and appeals
28
What is the United States Tax Court?
Hears civil (not criminal) cases over disputes over application of tax laws
29
What is the Military Court of Appeals?
Reviews convictions of members of armed forces at a court. Involving military law
30
What is the Court of Appeals for Veterans?
Hears cases where people claim they've been denied valid claims for their benefits
31
What are civil liberties?
Rights that are guaranteed to you. These are against the gov. because they're protecting us. The bill of rights protects civil liberties.
32
Amendment 1?
Freedom of religion, speech, press, right to gather, and right to petition
33
Amendment 2?
Right to bare arms
34
Amendment 3?
Right not to have soldiers in your home
35
Amendment 4?
Right not to have police search you or your belongings
36
Amendment 5?
Right not to be charged with the same thing twice, due process, right to not have property taken without compensation
37
Amendment 6?
Speedy, jury, and lawyer in a criminal trial.
38
Amendment 7?
Right to have a jury in a civil trial
39
Amendment 8?
Freedom from cruel and unusual punishment
40
Amendment 9?
Just because rights aren't listed in constitution doesn't mean they don't exist
41
Amendment 10?
Powers not listed in constitution are implied
42
What is the establishment clause?
Congress shall make no law respecting an establishment of religion
43
What is the Free Exercise Clause?
Prohibits government from interfering with the practice of religion
44
What is prior restraint?
Government preventing material from being published - censorship (unconstitutional)
45
What is obscenity?
Appeals to an interest in sex, patently offensive sexual conduct, serious literary artistic, political, or scientific value
46
What is libel?
Publication of false or malicious statements the damage someone's reputation
47
What is slander?
Spoken instead of written, to damage someone's reputation
48
What is symbolic speech?
Nonverbal communication (burning a flag or wearing and armband)
49
What is commercial speech?
Communication in the form of advertising
50
Who regulates commercial speech?
Federal Trade Commission
51
What is a refugee?
waves his home to seek protection from the war
52
What is assimilation?
Process where people from one culture merge to another
53
List 4 groups in American's history that have been subject to "race-based" discrimination
Asians (paid less) Native Americans (forced off land) Hispanics (labeled as illegal) Africans (slave trade, Jim Crow laws)
54
Segregation (de jure and de facto)
Separation of one group De jure: in law De facto: in practice
55
Separate but equal doctrine?
Reason for separating groups
56
What is integration?
Process of having equal membership in a society
57
What is affirmative action?
Favoring members of a disadvantaged group who are perceived to suffer from discrimination within a culture.
58
What is a quota?
Rule stating how much jobs can be for certain groups
59
What is jus soli?
Law of soil
60
What is jus sanguinis?
Law of blood
61
What are the variations of determining citizenship in the US?
Individually, collectively, jus sanguinis, jus soli
62
What are excludable aliens?
Personal characteristics (criminals, infects people, and people who can't read or write)
63
What happened in the case Regents of the University of California vs. Blake?
Forbade the university of taking race into account. At first it allowed affirmative action, and only 16 seats for minorities.
64
Amendment 13?
Abolished slavery
65
Amendment 14?
Formal slaves are citizens
66
Amendment 15?
Africans have the right to vote
67
What is a shield law?
Made to protect journalists
68
What is habeas corpus?
Used to determine if a ruling is lawful
69
What is a bill of attainder?
An act of a legislature declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial.
70
What is ex post facto law?
A law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law.
71
What is indictment?
Formal accusation that a person has committed a crime.
72
What is the exclusionary rule?
Evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.
73
What is double jeopardy?
A procedural defence that forbids a defendant from being tried again on the same (or similar) charges
74
What is due process?
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person

18, 19, 20, 21 (1 decks)

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