Civil Liberties Flashcards
Original jurisdiction
Courts in which a case if first heard
Appellate jurisdiction
Courts that hear cases brought to them on appeal from lower court
Writ of certiorari
An order by the Supreme Court directing a lower court to send its records in a given case for its review
Majority opinion
When justices differ on their decisions, the opinion with the must votes is called the majority opinion
Dissenting opinion
Loser of the case writes dissenting opinion hat can provide argument for later discussion, does not set precedent
Free exercise clause
Protects citizens right to practice their religion as they please, practice doesn’t run afoul of a public moral?government.
Espionage
The act of obtaining, transmitting, or receiving secret information about a government or company illegally.
Clear and present danger
A risk or threat to safety or other public interests that is serious and imminent
Sedition
Federal crime that improves advocating for insurrection against the government or supporting an enemy of the nation during time of war.
Establishment clause
Prohibits the government from establishing a religion or favoring one religion over another.
Civil right ( everyone )
Rights that the government guarantees and protects through legislative and other actions.
Civil liberties
Fundamental rights and freedoms protected by the constitution
Search warrant
A court order that authorizes law enforcement to search a persons, vehicle, or location for evidence of crime.
Grand jury
The formal device by which a person can be accused of a serious crime.
Due process
The principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safe guards.
Miranda rule
A historic precedent when it would no longer uphold convict in cases which the defendant has not been informed of their rights.
Rule of four
For case to be heard on appeal, at least four of the nine justices must agree to hear the case.
Writ of habeas corpus
“You have the body” legal document that brings charges against the accused
Marbury V Madison 1803
Amendment and decision :
No amendment
Judicial review establishment
Carroll V. United States 1925
Amendment : 4th
Warrantless searches of cars are legal with causes
Miranda v Arizona
5th and 6th
Must inform you of your rights prior to investigation
Terry v Ohio
Amendment 4th
Pat down searches
Tinker v Des Moines
Freedom of symbolic speech
Roe v wade
9th amendment ‘woman rights to privacy , equal protection
New Jersey v TLO
4th
Allows school to search but need resonable suspicions
Texas v Johnson
1st amendment
Protects burning flags as symbolic speech
US Supreme Court
100 cases per year
Court of appeals
District courts
Federal district courts
300,000 cases per year
Criminal and civil
1st amendment
Freedom of religion, exercise clause, establishment clause
2nd amendment
Right to bear arms
Right to have militia
4th amendment
Freedom from unreasonable searches and seizures
Probable cause and warrant needed
5th
No double jeopardy
Due process
Self incrimination
6th
Speedy trial
Face witness against you
Impartial jury
Right to attorney
Bring witness in defense
Informed of charges against you
8th
No cruel and unusual punishment
The Supreme Court has original jurisdiction in cases involving :
Two or more states are parties, cases involving the United States and state government, and representatives of foreign government
Procedural due process
Legal doctrine that requires the government to follow their procedure before a person of life, liberty, or property.
Substantive due process
Legal principle that protects fundamental rights from government interference
The establishment clause prohibits the government from :
Establishing a national religion
The free exercise clause gives people the right to tot :
Practice any religion they choose
