chapter four five and sixteen Flashcards

1
Q

The first amendment

A

Freedom of speech press and religion assembly and petition

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2
Q

The second amendment

A

The right to keep and bear arms

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3
Q

Third amendment

A

No quartering of troops

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4
Q

Fourth amendment

A

Unreasonable searches and seizure protection against these RIGHT TO PRIVACY

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5
Q

Fifth amendment

A

Protects against self-incrimination double jeopardy and due process as well as grand jury

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6
Q

Six amendment

A

Right to a speedy trial right to an impartial jury and right to a lawyer

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7
Q

Seventh amendment

A

Common law right of trial by jury

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8
Q

Eighth amendment

A

No excessive bail’s fines or cruel and unusual punishment

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9
Q

Ninth amendment

A

Protech’s rights not specifically said in the constitution

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10
Q

10th Amendment

A

The powers not delegated to the US are reserved to the states

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11
Q

Civil liberties

A

The legal constitutional protections against the government

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12
Q

Civil rights

A

Policies designed to protect people against arbitrary or discriminatory treatment by the government and individuals

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13
Q

Selective incorporation

A

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

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14
Q

which of amendment to the Constitution allows for selective incorporation

A

The 14th amendment

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15
Q

The only amendment not fully incorporated onto the states

A

5th Amendment

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16
Q

What did the civil rights act of 1964 accomplish

A

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

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17
Q

Affirmative action

A

An action or policy favoring those who tend to suffer from discrimination especially in relation to the employment or education

18
Q

What kinds of speech are not protected by the First Amendment

A

Obscenity, defamation and fighting words

19
Q

Senatorial courtesy

A

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

20
Q

Standing to sue

A

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

21
Q

Original jurisdiction

A

The jurisdiction of courts that hear a case first

22
Q

Appellate jurisdiction

A

The jurisdiction of courts that hear cases brought to them on appeal from lower courts

23
Q

Writ of Certiorari

A

It is a formal document calling off the case that is usually in the lower federal and state courts

24
Q

What did the Judiciary act of 1789 establish

A

The additional Constitutional courts

25
Q

Judicial review and what Supreme Court case established his power

A

The power of the courts to determine whether an act of the legislative or executive are constitutional Marbury versus Madison established this power

26
Q

What is judicial restraint and what is judicial activism

A

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

27
Q

Criminal law

A

The government charges an individual was violating a specific law

28
Q

Civic law

A

The court resolve a dispute between two parties and defined the relationship between them

29
Q

US Supreme Court the type of cases they hear

A

Conflict among states and national supremacy in law

30
Q

Court of Appeals the types of cases they hear

A

Review final decisions of the district court and appeals to order of many federal regulation agencies

31
Q

District courts the type of cases they hear

A

Federal crimes civil suit under federal law and maritime law

32
Q

commercial speech

A

Communication in the form of advertising. And it is restricted more than any other type of speech

33
Q

Establishment clause

A

The government cannot make a law establishing a religion

34
Q

Exclusionary rule

A

The rule that evidence cannot be introduced into a trial if it was not constitutionally obtained

35
Q

Gideon versus Wainwright

A

Everyone has a right to in attorney even if they are poor

36
Q

libel

A

The publication of false or malicious statements that damage someone’s reputation

37
Q

Prior restraint

A

Government preventing material from being published

38
Q

The three participants and judicial system

A

Litigants groups and attorneys

39
Q

Amicus curiae briefs

A

Legal briefs submitted by a friend of the court

40
Q

what is considered obscene

A

it encourages an excessive interest in sex

it is patently offensive in terms of sexual conduct

lacked literary artistic political or scientific value