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Government > Civil Liberties > Flashcards

Civil Liberties Flashcards

1
Q

Original jurisdiction

A

Courts in which a case if first heard

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2
Q

Appellate jurisdiction

A

Courts that hear cases brought to them on appeal from lower court

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3
Q

Writ of certiorari

A

An order by the Supreme Court directing a lower court to send its records in a given case for its review

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4
Q

Majority opinion

A

When justices differ on their decisions, the opinion with the must votes is called the majority opinion

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5
Q

Dissenting opinion

A

Loser of the case writes dissenting opinion hat can provide argument for later discussion, does not set precedent

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6
Q

Free exercise clause

A

Protects citizens right to practice their religion as they please, practice doesn’t run afoul of a public moral?government.

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7
Q

Espionage

A

The act of obtaining, transmitting, or receiving secret information about a government or company illegally.

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8
Q

Clear and present danger

A

A risk or threat to safety or other public interests that is serious and imminent

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9
Q

Sedition

A

Federal crime that improves advocating for insurrection against the government or supporting an enemy of the nation during time of war.

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10
Q

Establishment clause

A

Prohibits the government from establishing a religion or favoring one religion over another.

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11
Q

Civil right ( everyone )

A

Rights that the government guarantees and protects through legislative and other actions.

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12
Q

Civil liberties

A

Fundamental rights and freedoms protected by the constitution

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13
Q

Search warrant

A

A court order that authorizes law enforcement to search a persons, vehicle, or location for evidence of crime.

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14
Q

Grand jury

A

The formal device by which a person can be accused of a serious crime.

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15
Q

Due process

A

The principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safe guards.

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16
Q

Miranda rule

A

A historic precedent when it would no longer uphold convict in cases which the defendant has not been informed of their rights.

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17
Q

Rule of four

A

For case to be heard on appeal, at least four of the nine justices must agree to hear the case.

18
Q

Writ of habeas corpus

A

“You have the body” legal document that brings charges against the accused

19
Q

Marbury V Madison 1803
Amendment and decision :

A

No amendment
Judicial review establishment

20
Q

Carroll V. United States 1925

A

Amendment : 4th
Warrantless searches of cars are legal with causes

21
Q

Miranda v Arizona

A

5th and 6th
Must inform you of your rights prior to investigation

22
Q

Terry v Ohio

A

Amendment 4th
Pat down searches

23
Q

Tinker v Des Moines

A

Freedom of symbolic speech

24
Q

Roe v wade

A

9th amendment ‘woman rights to privacy , equal protection

25
Q

New Jersey v TLO

A

4th
Allows school to search but need resonable suspicions

26
Q

Texas v Johnson

A

1st amendment
Protects burning flags as symbolic speech

27
Q

US Supreme Court

A

100 cases per year

28
Q

Court of appeals

A

District courts

29
Q

Federal district courts

A

300,000 cases per year
Criminal and civil

30
Q

1st amendment

A

Freedom of religion, exercise clause, establishment clause

31
Q

2nd amendment

A

Right to bear arms
Right to have militia

32
Q

4th amendment

A

Freedom from unreasonable searches and seizures
Probable cause and warrant needed

33
Q

5th

A

No double jeopardy
Due process
Self incrimination

34
Q

6th

A

Speedy trial
Face witness against you
Impartial jury
Right to attorney
Bring witness in defense
Informed of charges against you

35
Q

8th

A

No cruel and unusual punishment

36
Q

The Supreme Court has original jurisdiction in cases involving :

A

Two or more states are parties, cases involving the United States and state government, and representatives of foreign government

37
Q

Procedural due process

A

Legal doctrine that requires the government to follow their procedure before a person of life, liberty, or property.

38
Q

Substantive due process

A

Legal principle that protects fundamental rights from government interference

39
Q

The establishment clause prohibits the government from :

A

Establishing a national religion

40
Q

The free exercise clause gives people the right to tot :

A

Practice any religion they choose

Government (5 decks)

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