Chapters 8-9 Flashcards

1
Q

the first bill ever introduced in the senate

A

judiciary act of 1789

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2
Q

courts that congress has created by its authority under Article III

A

constitutional courts

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3
Q

the right of a court to hear and decide a case

A

jurisdiction

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4
Q

special courts created by congress to try or to handle appeals form specific cases arising form the powers granted to Congress

A

legislative courts

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5
Q

the chief decision makers of the federal judiciary

A

judges

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6
Q

supreme court judges

A

justices

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7
Q

the professional interest group that has the most influence on the President and his choice of a federal judge

A

American Bar Association

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8
Q

a legal case in which a plaintiff feels he has been wronged by a defendant and seeks to recover monetary compensation or equitable treatment

A

civil case

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9
Q

the person filling a lawsuit

A

plantiff

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10
Q

the person named in a lawsuit; the person sued or accused

A

defendant

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11
Q

a legal case in which the government is the plaintiff and seeks to bring some legal action against the defendant because he has wronged society by his behavior

A

criminal case

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12
Q

an official examination of available evidence in a court of law

A

trial

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13
Q

the most active of the federal judiciary courts

A

United States District Courts

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14
Q

the right of a court to be the first to hear and decide a case

A

original jurisdiction

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15
Q

examines the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case

A

grand jury

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16
Q

formal accusation against the accused

A

indictment

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17
Q

sets the accused free immediately

A

acquittal

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18
Q

hears a case in court

A

trial jury

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19
Q

the decision of a trial jury

A

verdict

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20
Q

a jury that cannot agree on a verdict

A

hung jury

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21
Q

material presented as proof at a trial

A

evidence

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22
Q

a set of standards governing the admission of evidence into court proceedings

A

rules of evidence

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23
Q

states that evidence obtained illegally is not admissible in a court of law

A

exclusionary rule

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24
Q

a request that a higher court review a case’s records and the verdict of the lower court

A

appeal

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25
where most of the appeals from the federal district courts go
United States Court of Appeals
26
the right of a court to review the ruling of a lower court
appellate jurisdiction
27
a lawyer's written argument
brief
28
past court decisions involving similar cases
precedents
29
the highest tribunal of the United States
the Supreme Court
30
True or false: the Supreme Court possesses both original and appellate jurisdiction
true
31
the right of a court to declare a law, or action based upon that law, unconstitutional
judicial review
32
person who asserted the right of judicial review
John Marshall
33
a formal legal document ordering or prohibiting something
writ
34
a court order compelling a person to obey
writ of mandamus
35
a petition for the Supreme Court to hear a case
writ of certiorari
36
one who appeals a case
appellant
37
the power of the Supreme Court to decide if it will hear a case
discretionary review
38
one who petitions a court to review the decision of a lower court
petitioner
39
"friend of the court"
amicus curiae
40
the custom that serves to remind all the justices that differences of opinion do not preclude harmony of purpose
conference handshake
41
an opinion written by any justice who agrees with the majority decision of the court but considers it necessary to explain his reasoning in a separate opinion
concurring opinion
42
an opinion written by any justice who does not vote with the majority and finds it necessary to explain his reasons for disagreement
dissenting opinion
43
the decision of a majority of the Court when it is divided on a case
majority opinion
44
the decision of the Court in which all justices agree
unanimous opinion
45
the role of the supreme court to interpret the constitution as it was written and understood by it's framers
judicial restraint
46
supreme court decision that declared it unconstitutional for a state to deny abortions
Roe v. Wade
47
deliberately killing unborn children
elective abortions
48
a statement of an individual citizen's legal privileges
bill of rights
49
Amendment: freedom of religion, speech, and press; the right to petition
1
50
Amendment: right to keep and bear arms
2
51
Amendment: quartering of soldiers in private homes
3
52
Amendment: searches and seizures
4
53
Amendment: criminal proceedings
5
54
Amendment: criminal proceedings continued
6
55
Amendment: jury trial in civil cases
7
56
Amendment: excessive punishments
8
57
Amendment: unenumerated rights of the people
9
58
Amendment: powers reserved to states
10
59
Amendment: suits against states
11
60
Amendment: election of president and vice president
12
61
Amendment: abolition of slavery
13
62
Amendment: civil rights and citizenship to black Americans; apportionment of Representative; Political disabilities; public debt
14
63
Amendment: Right of suffrage for black Americans
15
64
Amendment: income tax
16
65
Amendment: popular election of senators
17
66
Amendment: national prohibition
18
67
Amendment: women's suffrage
19
68
Amendment: the convening of congress and the inauguration of the president and vice president
20
69
Amendment: repeal of national prohibition
21
70
Amendment: limitation of presidential tenure
22
71
Amendment: presidential electors for Washington DC
23
72
Amendment: abolition of poll tax
24
73
Amendment: presidential and vice presidential succession
25
74
Amendment: suffrage for citizens eighteen years of age or older
26
75
Amendment: restrictions on changes in congressional salary
27
76
the european pattern of religion
national religion/state church
77
two clauses concerning religion in the 1st Amendment
"establishment" clause and "free exercise" clause
78
test used to determine religious cases
Lemon Test
79
false speech
slander
80
false writing
libel
81
to say or write anything that would harm one's country or advocate its violent, revolutionary overthrow
treason
82
obscene writings or pictures
pornography
83
liberty of the press to publish anything without federal censorship
prior restraint
84
to ask the government to provide solutions concerning political and social problems
redress of grievances
85
an armed citizenry
milita
86
laws restricting the sale of handguns by requiting a waiting period for the purchase of a handgun
Brady law
87
affirmed by amendment 3
property rights
88
a written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place
warrant
89
reaffirms the right to own and to control private property
freedom from unreasonable searches and seizures
90
a crime so serious that it is punishable by death
capital crime
91
a serious crime
felony
92
military court
court-martial
93
where a serviceman found guilty in a court martial has the right to appeal
US Court of Military Appeals
94
the right of civil government to take over a person's land or other private property for public use
eminent domain
95
to be required to appear in court
summoned
96
a sum of money that a person accused of a crime deposits with a court in order to be temporarily released from jail
bail
97
declared the slaves within the Confederacy to be "then, thenceforward, and forever free"
Emancipation Proclamation
98
the right to vote
sufferage
99
the amendment that is the source of federal civil rights legislation
14
100
provided the means to enforce the 18th amendment
Volstead Act (National Prohibition Act)
101
the "lame duck amendment"
20