chapter four five and sixteen Flashcards
The first amendment
Freedom of speech press and religion assembly and petition
The second amendment
The right to keep and bear arms
Third amendment
No quartering of troops
Fourth amendment
Unreasonable searches and seizure protection against these RIGHT TO PRIVACY
Fifth amendment
Protects against self-incrimination double jeopardy and due process as well as grand jury
Six amendment
Right to a speedy trial right to an impartial jury and right to a lawyer
Seventh amendment
Common law right of trial by jury
Eighth amendment
No excessive bail’s fines or cruel and unusual punishment
Ninth amendment
Protech’s rights not specifically said in the constitution
10th Amendment
The powers not delegated to the US are reserved to the states
Civil liberties
The legal constitutional protections against the government
Civil rights
Policies designed to protect people against arbitrary or discriminatory treatment by the government and individuals
Selective incorporation
A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens the federal government limiting states lawmaking powers
which of amendment to the Constitution allows for selective incorporation
The 14th amendment
The only amendment not fully incorporated onto the states
5th Amendment
What did the civil rights act of 1964 accomplish
It made racial discrimination in public places illegal
Forbade discrimination in employment on the basis of race gender or color or national origin as well as religion
Created the equal employment opportunity commission
Affirmative action
An action or policy favoring those who tend to suffer from discrimination especially in relation to the employment or education
What kinds of speech are not protected by the First Amendment
Obscenity, defamation and fighting words
Senatorial courtesy
Unwritten tradition whereby nomination for senate level federal judicial post are not confirmed if they are opposed by senator from the state in which the nominee will serve
Standing to sue
And the requirement the plaintiffs have a serious interest in any case they would have to have a direct is substantial injury from a party
Original jurisdiction
The jurisdiction of courts that hear a case first
Appellate jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts
Writ of Certiorari
It is a formal document calling off the case that is usually in the lower federal and state courts
What did the Judiciary act of 1789 establish
The additional Constitutional courts
Judicial review and what Supreme Court case established his power
The power of the courts to determine whether an act of the legislative or executive are constitutional Marbury versus Madison established this power
What is judicial restraint and what is judicial activism
Judicial restraint is a philosophy in which judges play minimal policymaking role on the other hand judicial activism is a philosophy in which judges make bold policy decisions
Criminal law
The government charges an individual was violating a specific law
Civic law
The court resolve a dispute between two parties and defined the relationship between them
US Supreme Court the type of cases they hear
Conflict among states and national supremacy in law
Court of Appeals the types of cases they hear
Review final decisions of the district court and appeals to order of many federal regulation agencies
District courts the type of cases they hear
Federal crimes civil suit under federal law and maritime law
commercial speech
Communication in the form of advertising. And it is restricted more than any other type of speech
Establishment clause
The government cannot make a law establishing a religion
Exclusionary rule
The rule that evidence cannot be introduced into a trial if it was not constitutionally obtained
Gideon versus Wainwright
Everyone has a right to in attorney even if they are poor
libel
The publication of false or malicious statements that damage someone’s reputation
Prior restraint
Government preventing material from being published
The three participants and judicial system
Litigants groups and attorneys
Amicus curiae briefs
Legal briefs submitted by a friend of the court
what is considered obscene
it encourages an excessive interest in sex
it is patently offensive in terms of sexual conduct
lacked literary artistic political or scientific value
