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
the supreme court was not intended to be the final word on the
constitution
26
one of the most conservative justices on the supreme court who recently died on 2/13/16 -known for his emphasis on originalism
scalia
27
what are the first 10 amendments called?
the bill of rights
28
the federalists believed a bill of rights was what??
unnecessary and even dangers
29
what are some of the freedoms from government interference the bill of rights provides ?
religion speech right to bear arms
30
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
31
what does the establishment clause state?
Congress shall make no law respecting an establishment of religion
32
the free exercise clause states that congress shall make ______
no law prohibiting the free exercise of religion
33
the government can put some time place and manner restrictions on what
speech
34
freedom of speech is not ________. many forms of speech are regulated and some speech i not protected at all.
absolute
35
criminal activity is not
free speech
36
commercial speech is not protected at all if it is
regulating to illegal activity | if it is misleading
37
what does the 2nd amendment guarantees "freedom from" government interference in
our right to bear arms
38
the 2nd amendment does not GIVE any rights it just assumes the people 's right to bear arms is
preexisting
39
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
40
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
41
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"
42
in all criminal prosecutions the accused shall enjoy the right ... to have the assistance of counsel for his defense
sixth amendment
43
under chief justice __________ the supreme court expanded protection for criminal defendants
earl warren
44
the warren court created the
miranda rights | right to privacy
45
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
46
due to the Roe Vs Wade decision 1973, the right to privacy includes qualified right to _____
terminate pregnancy
47
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
48
the 14th amendment guarantees
equal protection and due process
49
as written the 14th amendment stands for
equality before the law-- no special favors
50
the supreme court recently used equal protection/ due process to overturn
traditional marriage laws
51
_____ and _____ are two core american values
liberty and equality
52
13th amendment
abolish slavery
53
14th amendment
equal protection and due process
54
15th amendment
no race restrictions on voting
55
19th amendment
right of women to vote
56
requires government aid (freedom TO free healthcare)
positive freedom
57
means the government helps certain disadvantaged groups
equality of opportunity
58
requires government absence (freedom FROM interference)
negative freedom
59
means the government treats everyone the same
equality "before the law"
60
refers to the protection of disadvantaged groups; - - can pass laws against discriminatory behavior by private individuals - - can eliminate discriminatory laws
civil rights
61
who signed the civil rights act of 1964?
president johnson
62
title vII of the civil rights act prohibits private employers from discriminating based on protected characteristics
``` race color religion sex national origin ```
63
other than the civil rights act what other act did president johnson sign?
the Age Discrimination in employment Act (ADEA) of 1967
64
the ADEA prohibits employers from discriminating against "old people" how old are these employees
40 years old
65
the equal employment opportunity commission (EEOC) Enforces what
title VII and other civil rights laws
66
civil rights laws are also enforced by private employees who are ______
seeking money
67
means giving preferential treatment to a particular disadvantaged group. is not "Race Blind"
affirmative action
68
civil rights laws prohibiting employment discrimination based on gender
equal pay act of 1963
69
who signed the title IX of the education amendments (1972)
president nixon
70
prohibits sex discrimination in any education program receiving federal financial aid; enforced by the department of education office of civil rights
title IX
71
title IX has been used for enforce equal opportunity for
men and women in athletics
72
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
73
who signed the Americans with disabilities act ADA in 1990
President george H W Bush
74
- -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
75
who used the ADA to target small businesses over small violations
serial litigants
76
who signed the Genetic information nondiscrimination act GINA of 2008
President George W Bush
77
Prohibits the use of genetic information in health insurance and employment; --prohibits even some casual questions about family history
GINA genetic information nondiscrimination act
78
some argue that civil rights can be achieved without
special government intervention