final Flashcards
what are the three branches that our constitution separates into?
judicial
legislative
executive
enforces the law
president
Article 2
executive branch
makes the laws
congress
article1
legislative branch
interprets the laws
supreme court; court system
article 3
judicial branch
one party (the plaintiff) sues another party (the defendant ) for money damages
civil case
the government prosecutes a defendant accused of a crime. if convicted , the defendant may go to prison
criminal case
lower courts are bound to follow the caselaw of higher courts
following precedent
must follow the law as instructed by the judge;
generally is only used in the trial court
jury
how long do members of the supreme court serve
for life
why do supreme court members serve for life?
life tenure helps judges remain independent and impartial;
life tenure is necessary to attract qualified candidates
how many justices are on the supreme court?
nine
who are the nine judges on supreme court?
sotomayor (obama) breyer (clinton) alito (Bush II) kagan (obama) thomas ( bush I) scalia (reagan) roberts ( bush II) kennedy (reagan) ginsburg (clinton)
how does the supreme court decide cases?
by majority vote
the written “ majority opinion” becomes ________which lower courts must follow
caselaw
justices who disagree with the majority may write a _____
dissent
justices may also _____ which means they agree with the majority’s result but they want to write their own opinion
concur
the supreme court is divided by
political ideology
more liberal justices interpret the constitution to ______ the federal government while conservative justices _________ the federal government
empower; limit
how many regional circuit courts of appeals are there
12
an appeal from the circuit courts of appeals may go to the supreme court but one _______ of cases appealed to the supreme court are accepted for review
1%
what circuit is Louisiana part of ?
the 5th circuit
federal courts have limited _______
jurisdiction (power)
the president appoints judges with _______ approval
senate
the courts were designed to be an intermediate body between the
people and the legislature
the supreme court was not intended to be the final word on the
constitution
one of the most conservative justices on the supreme court who recently died on 2/13/16
-known for his emphasis on originalism
scalia
what are the first 10 amendments called?
the bill of rights
the federalists believed a bill of rights was what??
unnecessary and even dangers
what are some of the freedoms from government interference the bill of rights provides ?
religion
speech
right to bear arms
congress shall make no law respecting an establishment of religion, or prohibiting it
abridging the freedom of speech
or of the press
or the right of the people peaceably to assemble and petition the gov for a redress of grievances
the first amendment protections
what does the establishment clause state?
Congress shall make no law respecting an establishment of religion
the free exercise clause states that congress shall make ______
no law prohibiting the free exercise of religion
the government can put some time place and manner restrictions on what
speech
freedom of speech is not ________. many forms of speech are regulated and some speech i not protected at all.
absolute
criminal activity is not
free speech
commercial speech is not protected at all if it is
regulating to illegal activity
if it is misleading
what does the 2nd amendment guarantees “freedom from” government interference in
our right to bear arms
the 2nd amendment does not GIVE any rights it just assumes the people ‘s right to bear arms is
preexisting
what does the fourth amendment protect?
against unreasonable searches and seizures;
the right of people to be secure in their persons houses papers and effects…etc
what are the exceptions to the warrant requirement?
- if there is an emergency
- if the police have probable cause to search a vehicle
- if you consent
what does the 5th amendment protect?
“no person.. shall be compelled in any criminal case to be a witness against himself, nor be deprived of life liberty, or property without due process of law”
in all criminal prosecutions the accused shall enjoy the right … to have the assistance of counsel for his defense
sixth amendment
under chief justice __________ the supreme court expanded protection for criminal defendants
earl warren
the warren court created the
miranda rights
right to privacy
police have a duty to inform suspects in custody of their right to remain silent and their right to counsel ; otherwise the exclusionary rule applies to information provided during interrogation
miranda rights
due to the Roe Vs Wade decision 1973, the right to privacy includes qualified right to _____
terminate pregnancy
the right to privacy has been used to strike laws prohibiting
homosexual conduct
state laws restricting abortion
birth control for married couples
the right to die
the 14th amendment guarantees
equal protection and due process
as written the 14th amendment stands for
equality before the law– no special favors
the supreme court recently used equal protection/ due process to overturn
traditional marriage laws
_____ and _____ are two core american values
liberty and equality
13th amendment
abolish slavery
14th amendment
equal protection and due process
15th amendment
no race restrictions on voting
19th amendment
right of women to vote
requires government aid (freedom TO free healthcare)
positive freedom
means the government helps certain disadvantaged groups
equality of opportunity
requires government absence (freedom FROM interference)
negative freedom
means the government treats everyone the same
equality “before the law”
refers to the protection of disadvantaged groups;
- can pass laws against discriminatory behavior by private individuals
- can eliminate discriminatory laws
civil rights
who signed the civil rights act of 1964?
president johnson
title vII of the civil rights act prohibits private employers from discriminating based on protected characteristics
race color religion sex national origin
other than the civil rights act what other act did president johnson sign?
the Age Discrimination in employment Act (ADEA) of 1967
the ADEA prohibits employers from discriminating against “old people” how old are these employees
40 years old
the equal employment opportunity commission (EEOC) Enforces what
title VII and other civil rights laws
civil rights laws are also enforced by private employees who are ______
seeking money
means giving preferential treatment to a particular disadvantaged group. is not “Race Blind”
affirmative action
civil rights laws prohibiting employment discrimination based on gender
equal pay act of 1963
who signed the title IX of the education amendments (1972)
president nixon
prohibits sex discrimination in any education program receiving federal financial aid; enforced by the department of education office of civil rights
title IX
title IX has been used for enforce equal opportunity for
men and women in athletics
public schools must carefully count the number of men and women who participate in sports. when times are tough, which teams are more likely to be cut??
mens
who signed the Americans with disabilities act ADA in 1990
President george H W Bush
- -requires places of public accommodation to be disability accessible
- requires employers to reasonably accommodate employees with disabilities
- most abused of all civil rights laws
ADA americans with disabilities act
who used the ADA to target small businesses over small violations
serial litigants
who signed the Genetic information nondiscrimination act GINA of 2008
President George W Bush
Prohibits the use of genetic information in health insurance and employment;
–prohibits even some casual questions about family history
GINA genetic information nondiscrimination act
some argue that civil rights can be achieved without
special government intervention
