Chapters 8-9 Flashcards
the first bill ever introduced in the senate
judiciary act of 1789
courts that congress has created by its authority under Article III
constitutional courts
the right of a court to hear and decide a case
jurisdiction
special courts created by congress to try or to handle appeals form specific cases arising form the powers granted to Congress
legislative courts
the chief decision makers of the federal judiciary
judges
supreme court judges
justices
the professional interest group that has the most influence on the President and his choice of a federal judge
American Bar Association
a legal case in which a plaintiff feels he has been wronged by a defendant and seeks to recover monetary compensation or equitable treatment
civil case
the person filling a lawsuit
plantiff
the person named in a lawsuit; the person sued or accused
defendant
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
criminal case
an official examination of available evidence in a court of law
trial
the most active of the federal judiciary courts
United States District Courts
the right of a court to be the first to hear and decide a case
original jurisdiction
examines the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case
grand jury
formal accusation against the accused
indictment
sets the accused free immediately
acquittal
hears a case in court
trial jury
the decision of a trial jury
verdict
a jury that cannot agree on a verdict
hung jury
material presented as proof at a trial
evidence
a set of standards governing the admission of evidence into court proceedings
rules of evidence
states that evidence obtained illegally is not admissible in a court of law
exclusionary rule
a request that a higher court review a case’s records and the verdict of the lower court
appeal
where most of the appeals from the federal district courts go
United States Court of Appeals
the right of a court to review the ruling of a lower court
appellate jurisdiction
a lawyer’s written argument
brief
past court decisions involving similar cases
precedents
the highest tribunal of the United States
the Supreme Court
True or false: the Supreme Court possesses both original and appellate jurisdiction
true
the right of a court to declare a law, or action based upon that law, unconstitutional
judicial review
person who asserted the right of judicial review
John Marshall
a formal legal document ordering or prohibiting something
writ
a court order compelling a person to obey
writ of mandamus
a petition for the Supreme Court to hear a case
writ of certiorari
one who appeals a case
appellant
the power of the Supreme Court to decide if it will hear a case
discretionary review
one who petitions a court to review the decision of a lower court
petitioner
“friend of the court”
amicus curiae
the custom that serves to remind all the justices that differences of opinion do not preclude harmony of purpose
conference handshake
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
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
the decision of a majority of the Court when it is divided on a case
majority opinion
the decision of the Court in which all justices agree
unanimous opinion
the role of the supreme court to interpret the constitution as it was written and understood by it’s framers
judicial restraint
supreme court decision that declared it unconstitutional for a state to deny abortions
Roe v. Wade
deliberately killing unborn children
elective abortions
a statement of an individual citizen’s legal privileges
bill of rights
Amendment: freedom of religion, speech, and press; the right to petition
1
Amendment: right to keep and bear arms
2
Amendment: quartering of soldiers in private homes
3
Amendment: searches and seizures
4
Amendment: criminal proceedings
5
Amendment: criminal proceedings continued
6
Amendment: jury trial in civil cases
7
Amendment: excessive punishments
8
Amendment: unenumerated rights of the people
9
Amendment: powers reserved to states
10
Amendment: suits against states
11
Amendment: election of president and vice president
12
Amendment: abolition of slavery
13
Amendment: civil rights and citizenship to black Americans; apportionment of Representative; Political disabilities; public debt
14
Amendment: Right of suffrage for black Americans
15
Amendment: income tax
16
Amendment: popular election of senators
17
Amendment: national prohibition
18
Amendment: women’s suffrage
19
Amendment: the convening of congress and the inauguration of the president and vice president
20
Amendment: repeal of national prohibition
21
Amendment: limitation of presidential tenure
22
Amendment: presidential electors for Washington DC
23
Amendment: abolition of poll tax
24
Amendment: presidential and vice presidential succession
25
Amendment: suffrage for citizens eighteen years of age or older
26
Amendment: restrictions on changes in congressional salary
27
the european pattern of religion
national religion/state church
two clauses concerning religion in the 1st Amendment
“establishment” clause and “free exercise” clause
test used to determine religious cases
Lemon Test
false speech
slander
false writing
libel
to say or write anything that would harm one’s country or advocate its violent, revolutionary overthrow
treason
obscene writings or pictures
pornography
liberty of the press to publish anything without federal censorship
prior restraint
to ask the government to provide solutions concerning political and social problems
redress of grievances
an armed citizenry
milita
laws restricting the sale of handguns by requiting a waiting period for the purchase of a handgun
Brady law
affirmed by amendment 3
property rights
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
reaffirms the right to own and to control private property
freedom from unreasonable searches and seizures
a crime so serious that it is punishable by death
capital crime
a serious crime
felony
military court
court-martial
where a serviceman found guilty in a court martial has the right to appeal
US Court of Military Appeals
the right of civil government to take over a person’s land or other private property for public use
eminent domain
to be required to appear in court
summoned
a sum of money that a person accused of a crime deposits with a court in order to be temporarily released from jail
bail
declared the slaves within the Confederacy to be “then, thenceforward, and forever free”
Emancipation Proclamation
the right to vote
sufferage
the amendment that is the source of federal civil rights legislation
14
provided the means to enforce the 18th amendment
Volstead Act (National Prohibition Act)
the “lame duck amendment”
20
