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Survey of the United States Constitution and Government- C181 > Ch 14-16 Definitions > Flashcards

Ch 14-16 Definitions Flashcards

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1
Q

Judicial Review

A

The power to declare a congressional, and presidential acts invalid because they violate the Constitution.

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2
Q

Supremacy Clause

A

Obligated state judges to follow the Constitution, national laws, and treaties when a state law conflicts with them. The Supreme Court has the final authority on the interpretation of the Constitution

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3
Q

Criminal Cases

A

Court cases involving a crime, or a violation of public order. Largely a local function.

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4
Q

Civil Cases

A

Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce

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5
Q

Plea-bargain

A

A defendant admission of guilt in exchange for a less severe punishment

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6
Q

Adjudication

A

A court judgment resolving claims and enforced by the government

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7
Q

Common (judge made) Law

A

Legal precedents derived from previous judicial decisions

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8
Q

Federal courts are organized and three tiers

A
  • Lowest– US District Court’s: where litigation begins
  • Middle – US courts of appeals: where decisions of the district courts and federal agencies may be appealed for review
  • Top- Supreme Court of the US: an appellate court; with a few exceptions, they review only cases that have already been decided in lower courts
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9
Q

Precedent

A

A judicial ruling that serves as the basis for the ruling in a subsequent case

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10
Q

Stare Decis

A

Literally, “let the decision stand” decision making according to precedent

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11
Q

Original Jurisdiction

A

Authority of a court to hear a case before any other court does

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12
Q

Appellate Jurisdiction

A

The authority of a court to hear cases that have been tried, and decided, or re-examined and other courts

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13
Q

Federal Question

A

An issue covered by the US Constitution, national laws, or US treaties

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14
Q

Docket

A

A court’s agenda

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15
Q

Rule of Four

A

An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the US Supreme Court

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16
Q

Solicitor General

A

The third highest official of the US Department of Justice, and the one who represents the national government before the Supreme Court

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17
Q

Amicus Curiae Brief

A

A brief filed, with the permission of the court, by an individual or group that is not a party to a legal action but has an interest in it

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18
Q

Judicial Restraint

A

A judicial philosophy by which judges tend to defer to decisions of the elected the branches of government

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19
Q

Judicial Activism

A

A judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions

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20
Q

Argument

A

The heart of a judicial opinion; it’s logical content separated from facts, rhetorical, and procedure

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21
Q

Concurrence

A

The agreement of a judge with the Supreme Court’s majority decision, for a reason other then the majority reason

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22
Q

Dissent

A

The disagreement of a judge was a majority decision

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23
Q

Certiorari

A

A writ or order by which a higher court reviews a decision of a lower court

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24
Q

Senatorial Courtesy

A

A norm under which a nomination must be acceptable to the home state senator from the presidents party

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25
Q

Class Action

A

A procedure by which similarly situated litigants may be heard in a lawsuit

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26
Q

Civil Liberties

A

Also known as negative rights. Freedoms guaranteed to individuals taking the form of restraint on government, i.e. cannot impose religion on citizens in the form of public school

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27
Q

Civil Rights

A

Also known as positive rights. Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals. What the government must do/provide.

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28
Q

Establishment Clause

A

The first clause in the first amendment, forbids government establishment of religion

29
Q

Free-exercise Clause

A

Second clause in the first amendment, which prevents the government from interfering with the exercise of religion

30
Q

Strict Scrutiny

A

A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must; 1)is justified by a compelling government interest 2)is narrowly tailored to achieve a legitimate goal 3)is the least restrictive means for achieving that interest

31
Q

Free-expression Clause

A

The press and speech clauses of the First Amendment and right to peaceably assemble and petition the government

32
Q

Prior Restraint

A

Censorship before publication

33
Q

Clear and Present Danger Test

A

A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protect

34
Q

Fighting Words

A

Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace

35
Q

Public Figures

A

People who assume rules of prominent in society or thrust themselves to the forefront of public controversy

36
Q

The Lemon Test – Lemon vs. Kurtzman 1971

A
  • They must have a secular purpose, i.e. lending books
  • Their primary effect must not be to advanced or inhibit religion
  • They must not entangle the government excessively with religion
37
Q

Bill of Attainder

A

Laws that pronounce an individual guilty of a crime without a trial

38
Q

Ex Post Facto Laws

A

Laws that declare an action to be criminal after it has been performed

39
Q

Obligation of Contracts

A

The obligation of the parties to a contract to carry out its terms

40
Q

The 14th Amendment

A

Addresses citizenship rights and equal protection of the laws.
• incorporation of applies the bill of rights to the states through the due process clause of the 14th amendment, and reverse incorporation, the equal projection clause of the 14th amendment has been held to apply to the federal government through the due process clause located in the fifth amendment.
•Prior to the ratification of the 14th amendment and the incorporation doctrine, the Bill of Rights only applied to the federal, but not any state governments

41
Q

Incorporation Doctrine

A

A constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the due process clause of the 14th amendment
• amendments applied to the states – one, two, four, five, six, eight, nine

42
Q

Selective Incorporation

A

Ensure states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

43
Q

Maranda Warnings

A

Statements concerning rights the police are required to make to a person before he or she is subjected to in custody questioning

44
Q

Exclusionary Rule

A

The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial

45
Q

Good Faith Exception

A

An exception to the Supreme Court exclusionary rule, holding that I evidence seized on the basis of a mistakenly issued search warrant can be introduced at the trial if the mistake was made in good faith, that is, if all parties involved had reason to believe that the warrant was proper at the time

46
Q

The USA PATRIOT Act

A

Law that greatly expanded the ability of law-enforcement and intelligence agencies to tap phones, monitor Internet traffic and conduct forms of surveillance in pursuit of terrorists

47
Q

Right to Privacy

A

Alluded to in one, three, four, five and ninth amendments. Refers to the concept that one’s personal information is protected from public scrutiny – the right to choose whether or not to engage in certain acts or experiences

48
Q

Equality of Opportunity

A

The idea that each person is given the same opportunity to succeed in life

49
Q

Equality of Outcome

A

The concept that society must ensure that people are equal, and government must design policies to redistribute wealth and status so that economic and social equality is actually achieved

50
Q

Invidious Discrimination

A

Discrimination against persons or groups that works to their harm and based on animosity

51
Q

Black Codes

A

Legislation and acted by former slave states to restrict the freedom of blocks

52
Q

Jim Crow Laws

A

Mandated the segregation of blacks and whites

53
Q

Poll Tax

A

A tax of one dollar or two dollars on every citizen who wish to vote. Used to attempt to bar blocks from voting

54
Q

Desegregation

A

The ending of authorized segregation, or separation by race

55
Q

Dejure

A

Government imposed to segregation

56
Q

De facto

A

Segregation that is not the result of government influence

57
Q

Separate-but-equal Doctrine

A

The concept of providing separate but equivalent facilities for blacks and whites satisfy the equal protection clause of the 14th amendment

58
Q

Civil Right Movement

A

The mass mobilization during the 1960s that sought to gain equality of rights and opportunities for blacks in the south and to a lesser extent in the north, mainly through nonviolent, unconventional means of participation

59
Q

Boycott

A

A refusal to do business with a firm, individual, or nation as an expression of disapproval or as a means of coercion

60
Q

Civil Disobedience

A

The willful but nonviolent breach of unjust laws

61
Q

The 24th Amendment

A

Abolished the poll tax for all federal elections

62
Q

The Civil Right Act of 1964

A

Barred segregation in most public accommodations and outlawed discrimination based on race, color, religion, sex, or national origin

63
Q

The Voting Right Act of 1965

A

Prohibits racial discrimination and voting

64
Q

The Fair Houseing Act of 1968

A

Banned discrimination in the rental and sale of most housing

65
Q

Set-a-sides

A

A purchasing or contracting provision that reserves a certain percentage of funds for minority owned contractors

66
Q

Protectionism

A

The notion that women must be protected from life’s harsh realities/cruelties: until the 1970s, the basis for laws affecting women civil rights.

67
Q

19th Amendment

A

Granted American women the right to vote in 1920

68
Q

Title IX

A

Education amendment of 1972 prohibit sex discrimination and federally aided education programs

Survey of the United States Constitution and Government- C181 (13 decks)

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