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American Government > Chapters 8-9 > Flashcards

Chapters 8-9 Flashcards

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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
Q

where most of the appeals from the federal district courts go

A

United States Court of Appeals

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26
Q

the right of a court to review the ruling of a lower court

A

appellate jurisdiction

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27
Q

a lawyer’s written argument

A

brief

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28
Q

past court decisions involving similar cases

A

precedents

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29
Q

the highest tribunal of the United States

A

the Supreme Court

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30
Q

True or false: the Supreme Court possesses both original and appellate jurisdiction

A

true

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31
Q

the right of a court to declare a law, or action based upon that law, unconstitutional

A

judicial review

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32
Q

person who asserted the right of judicial review

A

John Marshall

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33
Q

a formal legal document ordering or prohibiting something

A

writ

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34
Q

a court order compelling a person to obey

A

writ of mandamus

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35
Q

a petition for the Supreme Court to hear a case

A

writ of certiorari

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36
Q

one who appeals a case

A

appellant

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37
Q

the power of the Supreme Court to decide if it will hear a case

A

discretionary review

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38
Q

one who petitions a court to review the decision of a lower court

A

petitioner

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39
Q

“friend of the court”

A

amicus curiae

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40
Q

the custom that serves to remind all the justices that differences of opinion do not preclude harmony of purpose

A

conference handshake

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41
Q

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

A

concurring opinion

42
Q

an opinion written by any justice who does not vote with the majority and finds it necessary to explain his reasons for disagreement

A

dissenting opinion

43
Q

the decision of a majority of the Court when it is divided on a case

A

majority opinion

44
Q

the decision of the Court in which all justices agree

A

unanimous opinion

45
Q

the role of the supreme court to interpret the constitution as it was written and understood by it’s framers

A

judicial restraint

46
Q

supreme court decision that declared it unconstitutional for a state to deny abortions

A

Roe v. Wade

47
Q

deliberately killing unborn children

A

elective abortions

48
Q

a statement of an individual citizen’s legal privileges

A

bill of rights

49
Q

Amendment: freedom of religion, speech, and press; the right to petition

A

1

50
Q

Amendment: right to keep and bear arms

A

2

51
Q

Amendment: quartering of soldiers in private homes

A

3

52
Q

Amendment: searches and seizures

A

4

53
Q

Amendment: criminal proceedings

A

5

54
Q

Amendment: criminal proceedings continued

A

6

55
Q

Amendment: jury trial in civil cases

A

7

56
Q

Amendment: excessive punishments

A

8

57
Q

Amendment: unenumerated rights of the people

A

9

58
Q

Amendment: powers reserved to states

A

10

59
Q

Amendment: suits against states

A

11

60
Q

Amendment: election of president and vice president

A

12

61
Q

Amendment: abolition of slavery

A

13

62
Q

Amendment: civil rights and citizenship to black Americans; apportionment of Representative; Political disabilities; public debt

A

14

63
Q

Amendment: Right of suffrage for black Americans

A

15

64
Q

Amendment: income tax

A

16

65
Q

Amendment: popular election of senators

A

17

66
Q

Amendment: national prohibition

A

18

67
Q

Amendment: women’s suffrage

A

19

68
Q

Amendment: the convening of congress and the inauguration of the president and vice president

A

20

69
Q

Amendment: repeal of national prohibition

A

21

70
Q

Amendment: limitation of presidential tenure

A

22

71
Q

Amendment: presidential electors for Washington DC

A

23

72
Q

Amendment: abolition of poll tax

A

24

73
Q

Amendment: presidential and vice presidential succession

A

25

74
Q

Amendment: suffrage for citizens eighteen years of age or older

A

26

75
Q

Amendment: restrictions on changes in congressional salary

A

27

76
Q

the european pattern of religion

A

national religion/state church

77
Q

two clauses concerning religion in the 1st Amendment

A

“establishment” clause and “free exercise” clause

78
Q

test used to determine religious cases

A

Lemon Test

79
Q

false speech

A

slander

80
Q

false writing

A

libel

81
Q

to say or write anything that would harm one’s country or advocate its violent, revolutionary overthrow

A

treason

82
Q

obscene writings or pictures

A

pornography

83
Q

liberty of the press to publish anything without federal censorship

A

prior restraint

84
Q

to ask the government to provide solutions concerning political and social problems

A

redress of grievances

85
Q

an armed citizenry

A

milita

86
Q

laws restricting the sale of handguns by requiting a waiting period for the purchase of a handgun

A

Brady law

87
Q

affirmed by amendment 3

A

property rights

88
Q

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

A

warrant

89
Q

reaffirms the right to own and to control private property

A

freedom from unreasonable searches and seizures

90
Q

a crime so serious that it is punishable by death

A

capital crime

91
Q

a serious crime

A

felony

92
Q

military court

A

court-martial

93
Q

where a serviceman found guilty in a court martial has the right to appeal

A

US Court of Military Appeals

94
Q

the right of civil government to take over a person’s land or other private property for public use

A

eminent domain

95
Q

to be required to appear in court

A

summoned

96
Q

a sum of money that a person accused of a crime deposits with a court in order to be temporarily released from jail

A

bail

97
Q

declared the slaves within the Confederacy to be “then, thenceforward, and forever free”

A

Emancipation Proclamation

98
Q

the right to vote

A

sufferage

99
Q

the amendment that is the source of federal civil rights legislation

A

14

100
Q

provided the means to enforce the 18th amendment

A

Volstead Act (National Prohibition Act)

101
Q

the “lame duck amendment”

A

20

American Government (4 decks)

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