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Government > Exam 3 > Flashcards

Exam 3 Flashcards

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1
Q

Judicial Restraint

A

Judges deffering to policy judements of the elected branches and legal precedent

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2
Q

Who is Judicial restraint perferred by?

A

Conservitives

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3
Q

Judicial Activism

A

Judges allowing their personal judgment or political views to guide decisions

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4
Q

Who is judicial activism favored by?

A

Liberals

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5
Q

Precedent

A

Prior court decisions

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6
Q

District Courts

A

Original jurisdiction (trial) courts

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7
Q

How many geographically based district courts?

A

94

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8
Q

Where are federal cases tried?

A

District courts

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9
Q

How many judges in a district court?

A

one

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10
Q

Circuit/Appeal Courts

A

Review rulings of trials, do not hold trials

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11
Q

How many judges in a circuit/appeal court?

A

Rotating panel of 3 judges

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12
Q

What jurisdiction is Texas under?

A

5th Circuit, along with Missipsippi and Louisiana

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13
Q

Statutory/Statute Law

A

Laws made by legislative bodies

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14
Q

Regulations

A

Rules made by administrative agencies (created by statute)

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15
Q

Case/Common Law

A

Created through court decisions

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16
Q

Stare Decisis

A

Stand by things decided

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17
Q

Original Jurisdiction/Trial Courts

A

Courts resolving cases being heard for the first time

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18
Q

Appellate Jurisdiction

A

Courts review decisions of lower courts to determine if constituitional and statutory procedures were correctly interpretted and followed

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19
Q

Murder Boards

A

Coaching by White House officials on how to respond to tough questions from senators

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20
Q

“To Bork”

A

All out opposition to a nominee by means of lobbying and public relations campaign through the media

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21
Q

Where did the term “To Bork” come from?

A

Robert Bork, a Reagan nominee rejected by the Senate

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22
Q

How are the Federal Courts staffed?

A

Nomination by president, subject to simple majority confirmation by Senate

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23
Q

Qualifications needed to be in the Federal Court

A

None

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24
Q

Term of Office for federal court

A

Lifetime

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25
Q

Can the Federal court salary be reduced while in office?

A

No

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26
Q

Rule of Four

A

At least four justices must vote to accept case

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27
Q

Grant Cert

A

Accept writ of certiorari

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28
Q

Writ of Certiorari

A

Formal request for the supreme court to hear the case

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29
Q

A protection of individual liberty found within the main body of the Constitution (Before the Bill of Right) prhibited the governement from

A

ex post facto laws

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30
Q

Fourteenth Amendment

A

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

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31
Q

The “Wall of Seperation” interpretation of the esablishment clause was strongly advoacted by who

A

Thomas Jefferson

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32
Q

Miranda Rights

A

A suspect must be read their rights prior to interrogation

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33
Q

First Amendment

A

Freedom of speech, expression, press, assembly, religion,

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34
Q

Protects against self-incrimination

A

Fifth amendment

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35
Q

Protects against unreasonable search and seizure

A

Fourth Amendment

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36
Q

Prohibits cruel and unusal punishment

A

Eighth Amendment

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37
Q

Gives a criminal defendant the right to have the assistance of an attorney to represent them in legal proceeding

A

Sixth Amendment

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38
Q

President that signed the American with Disabilites Act

A

George H.W. Bush

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39
Q

League of United Latin American Citizens (LULAC) was formed in

A

Corpus Christi, TX

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40
Q

Civil Rights Act of 1968 concerned with discrimination in what area of society?

A

Housing

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41
Q

Civil Rights Act of 1964

A

Prohibited discrimination in proffessional settings

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42
Q

Established the Seperate but Equal Doctrine

A

Plessy v. Ferguson

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43
Q

Overturned Sepereate but Equal Doctrine

A

Brown v. Board of Education

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44
Q

Little Rock Nine happened in what state?

A

Arkansas

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45
Q

Which tribes did the Indian Removal Act

A

Cherokee, Chickasaw, Choctaw, Creek, and Seminole Nation

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45
Q

Which tribe was removed via the Trail of Tears

A

Cherokee

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46
Q

Prohibited Poll Tax

A

Twenty-Fourth Amendment

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47
Q

What is the current ideology of the Supreme Court

A

Conservative activist

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48
Q

Oral Arguement

A

One hour with lawyers, each side get 30 minutes, only part of court open to public

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49
Q

Habeas Corpus

A

Requires hearing by a neutral judge

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50
Q

Bills of Attainder

A

Punishes a convict without trial

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51
Q

Ex post facto laws

A

Laws that go into effect immediately

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52
Q

The Constitution provides protection against

A

Habeas Corpus, Bills of Attainder, Ex post facto laws

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53
Q

Widely accepted interpretation of Establishment Clause

A

Govt. prohibited from officially recognizing and supporting a nation church

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54
Q

Accommodation interpretation of Establishment Clause

A

Govt. may not favor/discriminate any one religion, but can encourage religious activity

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55
Q

Wall of Separation interpretation of Establishment Clause

A

Govt. should not aid, support, or encourage religion

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56
Q

Lemon Test

A

The law must have a secular purpose, not advance/inhibit religion, and not encourage excessive govt. entanglement

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57
Q

Free exercise clause

A

Religious beliefs are protected, but not particular religious practices

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58
Q

Prior Restraint

A

English legal tradition prevents govt. from censoring/prohibiting the publication of newspapers

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59
Q

Gag order

A

Prohibit those involved in a trial from speaking publicly until the trial is over

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60
Q

Speech can be restricted if it

A

Represents clear and present danger

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61
Q

Due process clause

A

no person shall be “deprived of life, liberty, or property without due process of law.”

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62
Q

Right to Privacy

A

Not included in U.S. Constitution, existence was proved in 1965 by Supreme court

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63
Q

Provisions in right to privacy

A

2nd Amendment, 3rd Amendment, 4th Amendment, 5th Amendment, 9th Amendment

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64
Q

The Patriot Act

A

granting law enforcement more powers to prevent terrorist attacks

65
Q

selective incorporation

A

the case-by-case approach of deciding which portions of the Bill of Rights apply to states

66
Q

Double Jeopardy

A

Repeated prosecution for the same crime

67
Q

eminent domain

A

property may not be taken, damaged, or destroyed for public use without payment of just compensation

68
Q

exclusionary rule

A

illegally obtained evidence cannot be used in court

69
Q

plea bargain

A

defendants agree to plead guilty to charges against them in exchange for concessions from the prosecutors

70
Q

undue burden test

A

Govt. has burden to justify any restrictions on speech, writings, and assembly

71
Q

Marbury v. Madison

A

establishes power of judicial review

72
Q

Dred Scott v. Sanford

A

legal rights of slaves

73
Q

Reynolds v. United States

A

free exercise clause (polygamy)

74
Q

The Civil Rights Cases

A

federal regulation of private businesses

75
Q

Plessy v. Ferguson

A

segregation

76
Q

Schenck v. United States

A

free speech (clear and present danger)

77
Q

Gitlow v. United States

A

free speech (clear and present danger)

78
Q

Near v. Minnesota

A

free press (no prior restraint)

78
Q

West Virginia State Board of Education v. Barnette

A

free exercise clause (refusal to salute flag)

79
Q

Brown v. Board of Education of Topeka, Kansas

A

segregation

80
Q

Mapp v. Ohio

A

unreasonable search and seizure (exclusionary rule)

81
Q

Engel v. Vitale

A

establishment clause (prayer in public school)

82
Q

Gideon v. Wainwright

A

right to legal counsel (felony cases)

83
Q

Griswold v. Connecticut

A

right to privacy (birth control)

84
Q

Miranda v. Arizona

A

right to remain silent and right to legal counsel (informing suspect)

85
Q

Tinker v. Des Moines School District

A

free speech (symbolic speech)

86
Q

Lemon v. Kurtzman

A

establishment clause (aid to church-related private school)

87
Q

New York Times v. United States

A

free press (no prior restraint)

88
Q

Furman v. Georgia

A

cruel and unusual punishment (capital punishment)

88
Q

Miller v. California

A

free speech (pornography)

89
Q

Gregg v. Georgia

A

cruel and unusual punishment (capital punishment)

89
Q

Roe v. Wade

A

right to privacy (abortion)

90
Q

Gannett Co. v. De Pasquale

A

free press (gag orders)

90
Q

Smith v. Collin

A

right to assemble

91
Q

Texas v. Johnson

A

free speech (symbolic speech, burning the U.S. flag)

92
Q

Bob Jones University v. United States

A

free exercise clause (racial discrimination)

93
Q

Nix v. Williams

A

unreasonable search and seizure (“inevitable discovery” exception)

94
Q

Massachusetts v. Sheppard

A

unreasonable search and seizure (“good faith” exception)

95
Q

Oregon v. Smith

A

free exercise clause (use of peyote)

95
Q

Church of the Lukumi Babalu Aye v. City of Hialeah

A

free exercise clause (animal sacrifice)

96
Q

Reno v. American Civil Liberties Union

A

free speech (pornography)

97
Q

Santa Fe Independent School District v. Doe

A

establishment clause (prayer at public school athletic
event using public address system)

98
Q

Atkins v. Virginia

A

cruel and unusual punishment

99
Q

Virginia v. Black

A

free speech (symbolic speech, burning the cross)

100
Q

Lawrence v. Texas

A

right to privacy (sodomy)

101
Q

American Civil Liberties Union v. Ashcroft

A

free speech (pornography)

102
Q

Roper v. Simmons

A

cruel and unusual punishment (capital punishment of juveniles)

103
Q

Gonzales v. Oregon

A

right to privacy (Death With Dignity Act)

104
Q

District of Columbia v. Heller

A

right to bear arms (handgun ban)

105
Q

McDonald v. Chicago

A

right to bear arms (handgun ban)

106
Q

Citizens United v. FEC

A

free speech (corporation & labor union political participation in elections)

107
Q

Shelby County v. Holder

A

right to vote (preclearance provision of Voting Rights Act)

108
Q

U.S. v. Windsor

A

equal protection and due process (federal recognition of same-sex marriage)

109
Q

Riley v. California

A

unreasonable search and seizure (searching cell phone of someone arrested)

110
Q

Obergefell v. Hodges

A

equal protection and due process (state recognition of same-sex marriage)

111
Q

Bostock v. Clayton County, Georgia

A

employment discrimination protection for LGBT workers

112
Q

Dobbs v. Jackson Women’s Health Organization

A

overturned Roe v. Wade (abortion)

112
Q

1st Amendment

A

the right to freedoms of religion and speech; the right to assemble and to petition the government for redress of grievances

113
Q

2nd Amendment

A

the right to keep and bear arms

114
Q

3rd Amendment

A

the right not to house soldiers during time
of war

115
Q

4th Amendment

A

the right to be secure from unreasonable
search and seizure

116
Q

6th Amendment

A

the right to a speedy trial by an impartial
jury

116
Q

5th Amendment

A

rights in criminal cases, including due
process and indictment by grand jury for capital crimes, as well
as the right not to testify against oneself

117
Q

7th Amendment

A

the right to a jury trial in civil cases

118
Q

8th Amendment

A

the right not to face excessive bail,
excessive fines, or cruel and unusual punishment

119
Q

9th Amendment

A

all rights are retained by the people, even
if they are not specifically enumerated by the Constitution

120
Q

10th Amendment

A

all powers not specifically delegated to the
federal government (or prohibited to the states) are retained
by the states or the people

121
Q

13th Amendment

A

prohibits slavery

121
Q

15th Amendment

A

right to vote cannot be infringed on account of
race, color, or previous condition of servitude

122
Q

19th Amendment

A

extends right to vote to women

123
Q

24th Amendment

A

prohibits poll tax

124
Q

26th Amendment

A

lowers voting age from 21 to 18

125
Q

Civil Rights Act of 1866

A

guaranteed right to purchase or lease property

126
Q

Civil Rights Act of 1871

A

persons acting under authority of state law
cannot deprive another person of rights
protected by the constitution or federal law

127
Q

Civil Rights Act of 1875

A

prohibited segregation in privately owned
businesses and facilities

128
Q

Civil Right Act of 1957

A

created Civil right Division and U.S. Civil Rights Commission, lacked enforcement power

129
Q

Civil Rights Act of 1968/Fair Housing Act

A

bans discrimination in advertising, financing, sale or rental of housing based on race, religion, national origin, sex

130
Q

AIM

A

American Indian Movement occupied Wounded Knee, South Dakota, demanding the federal government honor past treaties in which it failed to perform its obligations.

131
Q

Compromise of 1877

A

political solution to disputed 1876 presidential election, GOP retains White House but agrees to end Southern reconstruction

132
Q

Equal Protection Clause

A

14th Amendment, states may not “deny to any person within its jurisdiction the equal protection of the laws”

133
Q

Seneca Falls Women’s Rights Convention

A

Start of organized women’s rights movement

134
Q

Americans with Disabilities Act

A

requires physical access to public buildings & public services

135
Q

Education of Handicapped Children Act

A

requires free public education for disabled children

136
Q

Equal Rights Amendment

A

failed to gain state
ratification in 1970s

137
Q

MALDEF is formed from

A

formed in 1968 after a meeting of
LULAC and NAACP leaders

138
Q

MALDEF

A

Mexican-American Legal Defense and
Educational Fund

139
Q

NAACP

A

adopts strategy to challenge segregation through the courts (political litigation)

140
Q

De facto Segregation

A

results from the private choices of
individuals

141
Q

de jure segregation

A

results from government
discrimination or laws that foster segregation

142
Q

Southern Christian Leadership Conference (SCLC)

A

Originates from the Montgomery Bus Boycott, MLK Jr.

143
Q

Title IX (of Education Amendments of 1972)

A

prohibits gender discrimination in schools
receiving federal funds

144
Q

Voting Rights Act of 1965

A

requires bilingual ballots

145
Q

Northwest Ordinance

A

Indian “lands and property shall never be taken from
them without their consent”

146
Q

Trade and Intercourse Act

A

Indian land can only be taken by treaty

147
Q

Dawes Act

A

promoted assimilation

148
Q

General Allotment Act

A

allotment of reservation land to individual Indians
with “surplus” lands made available for whites, governement can break up reservation land

149
Q

Citizens Act

A

Indians recognized as U.S. citizens

150
Q

Indian Reorganization Act

A

tribal governments legalized and assimilation efforts
greatly scaled back

151
Q

Indian Self-Determination and Education
Assistance Act

A

allows creation of tribal colleges

152
Q

Indian Gaming Regulatory Act

A

legalized gambling operations on tribal land, some Indian tribes with land close to major urban
areas now generate significant revenue from gambling

153
Q

Pooerest Ethnic group in Country

A

Native Americans

Government (5 decks)

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