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poly sci > final > Flashcards

final Flashcards

1
Q

what are the three branches that our constitution separates into?

A

judicial
legislative
executive

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2
Q

enforces the law
president
Article 2

A

executive branch

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3
Q

makes the laws
congress
article1

A

legislative branch

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4
Q

interprets the laws
supreme court; court system
article 3

A

judicial branch

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5
Q

one party (the plaintiff) sues another party (the defendant ) for money damages

A

civil case

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6
Q

the government prosecutes a defendant accused of a crime. if convicted , the defendant may go to prison

A

criminal case

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7
Q

lower courts are bound to follow the caselaw of higher courts

A

following precedent

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8
Q

must follow the law as instructed by the judge;

generally is only used in the trial court

A

jury

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9
Q

how long do members of the supreme court serve

A

for life

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10
Q

why do supreme court members serve for life?

A

life tenure helps judges remain independent and impartial;

life tenure is necessary to attract qualified candidates

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11
Q

how many justices are on the supreme court?

A

nine

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12
Q

who are the nine judges on supreme court?

A 
sotomayor (obama)
breyer (clinton)
alito (Bush II)
kagan (obama)
thomas ( bush I)
scalia (reagan)
 roberts ( bush II)
kennedy (reagan)
ginsburg (clinton)
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13
Q

how does the supreme court decide cases?

A

by majority vote

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14
Q

the written “ majority opinion” becomes ________which lower courts must follow

A

caselaw

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15
Q

justices who disagree with the majority may write a _____

A

dissent

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16
Q

justices may also _____ which means they agree with the majority’s result but they want to write their own opinion

A

concur

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17
Q

the supreme court is divided by

A

political ideology

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18
Q

more liberal justices interpret the constitution to ______ the federal government while conservative justices _________ the federal government

A

empower; limit

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19
Q

how many regional circuit courts of appeals are there

A

12

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20
Q

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

A

1%

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21
Q

what circuit is Louisiana part of ?

A

the 5th circuit

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22
Q

federal courts have limited _______

A

jurisdiction (power)

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23
Q

the president appoints judges with _______ approval

A

senate

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24
Q

the courts were designed to be an intermediate body between the

A

people and the legislature

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25
Q

the supreme court was not intended to be the final word on the

A

constitution

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26
Q

one of the most conservative justices on the supreme court who recently died on 2/13/16

-known for his emphasis on originalism

A

scalia

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27
Q

what are the first 10 amendments called?

A

the bill of rights

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28
Q

the federalists believed a bill of rights was what??

A

unnecessary and even dangers

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29
Q

what are some of the freedoms from government interference the bill of rights provides ?

A

religion
speech
right to bear arms

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30
Q

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

A

the first amendment protections

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31
Q

what does the establishment clause state?

A

Congress shall make no law respecting an establishment of religion

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32
Q

the free exercise clause states that congress shall make ______

A

no law prohibiting the free exercise of religion

33
Q

the government can put some time place and manner restrictions on what

A

speech

34
Q

freedom of speech is not ________. many forms of speech are regulated and some speech i not protected at all.

A

absolute

35
Q

criminal activity is not

A

free speech

36
Q

commercial speech is not protected at all if it is

A

regulating to illegal activity

if it is misleading

37
Q

what does the 2nd amendment guarantees “freedom from” government interference in

A

our right to bear arms

38
Q

the 2nd amendment does not GIVE any rights it just assumes the people ‘s right to bear arms is

A

preexisting

39
Q

what does the fourth amendment protect?

A

against unreasonable searches and seizures;

the right of people to be secure in their persons houses papers and effects…etc

40
Q

what are the exceptions to the warrant requirement?

A
  • if there is an emergency
  • if the police have probable cause to search a vehicle
  • if you consent
41
Q

what does the 5th amendment protect?

A

“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”

42
Q

in all criminal prosecutions the accused shall enjoy the right … to have the assistance of counsel for his defense

A

sixth amendment

43
Q

under chief justice __________ the supreme court expanded protection for criminal defendants

A

earl warren

44
Q

the warren court created the

A

miranda rights

right to privacy

45
Q

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

A

miranda rights

46
Q

due to the Roe Vs Wade decision 1973, the right to privacy includes qualified right to _____

A

terminate pregnancy

47
Q

the right to privacy has been used to strike laws prohibiting

A

homosexual conduct
state laws restricting abortion
birth control for married couples
the right to die

48
Q

the 14th amendment guarantees

A

equal protection and due process

49
Q

as written the 14th amendment stands for

A

equality before the law– no special favors

50
Q

the supreme court recently used equal protection/ due process to overturn

A

traditional marriage laws

51
Q

_____ and _____ are two core american values

A

liberty and equality

52
Q

13th amendment

A

abolish slavery

53
Q

14th amendment

A

equal protection and due process

54
Q

15th amendment

A

no race restrictions on voting

55
Q

19th amendment

A

right of women to vote

56
Q

requires government aid (freedom TO free healthcare)

A

positive freedom

57
Q

means the government helps certain disadvantaged groups

A

equality of opportunity

58
Q

requires government absence (freedom FROM interference)

A

negative freedom

59
Q

means the government treats everyone the same

A

equality “before the law”

60
Q

refers to the protection of disadvantaged groups;

    • can pass laws against discriminatory behavior by private individuals
    • can eliminate discriminatory laws
A

civil rights

61
Q

who signed the civil rights act of 1964?

A

president johnson

62
Q

title vII of the civil rights act prohibits private employers from discriminating based on protected characteristics

A 
race 
color
religion
sex
national origin
63
Q

other than the civil rights act what other act did president johnson sign?

A

the Age Discrimination in employment Act (ADEA) of 1967

64
Q

the ADEA prohibits employers from discriminating against “old people” how old are these employees

A

40 years old

65
Q

the equal employment opportunity commission (EEOC) Enforces what

A

title VII and other civil rights laws

66
Q

civil rights laws are also enforced by private employees who are ______

A

seeking money

67
Q

means giving preferential treatment to a particular disadvantaged group. is not “Race Blind”

A

affirmative action

68
Q

civil rights laws prohibiting employment discrimination based on gender

A

equal pay act of 1963

69
Q

who signed the title IX of the education amendments (1972)

A

president nixon

70
Q

prohibits sex discrimination in any education program receiving federal financial aid; enforced by the department of education office of civil rights

A

title IX

71
Q

title IX has been used for enforce equal opportunity for

A

men and women in athletics

72
Q

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??

A

mens

73
Q

who signed the Americans with disabilities act ADA in 1990

A

President george H W Bush

74
Q
  • -requires places of public accommodation to be disability accessible
    • requires employers to reasonably accommodate employees with disabilities
    • most abused of all civil rights laws
A

ADA americans with disabilities act

75
Q

who used the ADA to target small businesses over small violations

A

serial litigants

76
Q

who signed the Genetic information nondiscrimination act GINA of 2008

A

President George W Bush

77
Q

Prohibits the use of genetic information in health insurance and employment;
–prohibits even some casual questions about family history

A

GINA genetic information nondiscrimination act

78
Q

some argue that civil rights can be achieved without

A

special government intervention

poly sci (15 decks)

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