EOC deck #3 Flashcards
Appellate process
The process to have a higher court, review the result of a trial court, or lower court. The supreme court is mainly an appeals court.
Ex post facto
Latin for in “after the fact.” Laws adopted after an act is committed, making it a illegal, although it was legal when done, or increases the penalty for a crime after it is committed. Search laws are specifically prohibited by the US Constitution.
Habeas corpus
Court order that requires the government to bring a prisoner to court and explain why he or she is being held. 
Independent judiciary
A justice system that is not influenced by either the legislative or executive branch. Free to make decisions based upon law, not upon men or pressure from other groups. Created to guarantee equal justice to all.
Precedent
Hey, previous case for a legal decision that maybe or must be followed in future similar cases
Summary judgment
A procedural device used during civil cases to promptly dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case, and a party is entitled to judgment. The purpose of summary judgment is to avoid unnecessary trials
Civil disobedience
Refusal to obey, governmental demands or commands, especially as a non-violent and usually collective group way of forcing the government to do or change something
Economic freedom
The freedom to choose how to produce, sell, and use your own resources, while respecting others rights to do the same
Internment
Imprisonment or confinement of people, commonly in large groups, without trial.
Property rights
Authority to determine how I resources used, whether that resources owned by the government or it by individuals
Civil rights act of 1964
Prohibits discrimination on the basis of race, religion, gender, or national origin and public accommodations, facilities, and schools. Prohibits discrimination, and federally funded projects.
Civil rights act of 1968
This act provided for equal housing opportunities regardless of race, religion, gender, or national origin. Also known as the fair housing act
13th amendment
Outlawed slavery in all states, and all lands governed by the United States
14th amendment
Granted for citizenship to African-Americans. States, again, citizens cannot be deprived of rights without due process of law. Guarantees equal protection under the law.
15th amendment
States that no one can be denied suffrage meaning the right to vote based on race or color
19th amendment
Prohibits any United States citizens, from being denied the right to vote on the basis of gender
24th amendment
Bans the use of poll taxes as a requirement for voting and national elections. Supreme Court interpretation, later, expands this to cover state elections as well.
26th amendment
Lowered the voting age in all elections to 18
Equal rights amendment
A proposed amendment to the United States Constitution designed to guarantee equal rights for women. Originally proposed in 1923. The amendment has been re-introduced in every session of Congress since 1982.
States rights
Political powers reserved for the state governments and not the federal government
Voting rights act of 1965
Design force the voting rights guaranteed by 15th amendment to the United States Constitution. Prohibits discrimination in voting. It is considered one of the most effective pieces of civil rights legislation ever enacted in the US.
Marbury vs. Madison
Establishes the Supreme Court’s power of judicial review meaning, deciding whether laws passed by Congress are constitutional.
Plessy versus Ferguson
“ Separate but equal” was constitutional. Uphold state laws requiring segregation.
Brown versus board of education
Separation in the public schools is unconstitutional. Reverses the courts earlier position and segregationists it by Plessy V Ferguson
Gideon V Wainwright
Establish free legal help for those who cannot otherwise afford representation in court
