Final Flashcards

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1
Q

Dred Scott v Sanford

A

Supreme court Case that decided slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens

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2
Q

13th Amendment

A

Abolished Slavery

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3
Q

14th Amendment

A

All those born in the US are citizens, and are entitled to equal protection and due process

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4
Q

15th Amendment

A

US cannot prevent a person from voting because of race, color, or creed

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5
Q

Jim Crow Laws

A

Laws dedicated to keeping blacks and whites separate

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6
Q

Plessy v Ferguson

A

Established the separate but equal doctrine

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7
Q

Literacy Test

A

A test given to test literacy that mostly succeeded in keeping black people from voting

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8
Q

Grandfather Clause

A

If your grandfather was registered to vote in the state before 1867 then you were automatically registered.

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9
Q

Poll taxes

A

A taxation on the right to vote. Effected black and poor people the most

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10
Q

judicial review

A

The power of a court to review laws or governmental regulations.

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11
Q

adversary system

A

A judicial system where the court of law is a neutral arena for two parties to argue out their differences

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12
Q

criminal law

A

defines crimes against the public order

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13
Q

Civil law

A

A law that governs relationships between individuals and defines their legal rights.

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14
Q

prosecutor

A

Government lawyer who tries criminal cases. Also known as District Attorney

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15
Q

defendant

A

the person or party accused of a crime

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16
Q

plea bargain

A

Where the defendant admits to a lesser offense, to avoid being convicted of a greater one.

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17
Q

Justiciable dispute

A

a dispute about a case that is more of an argument than actual crime, but can still be settled by legal methods

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18
Q

plantiff

A

The part insitgating a civil law suit

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19
Q

U.S, Attorney General

A

The chief law enforcement officer

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20
Q

Solicitor general

A

Person responsible for representing the US before the supreme court.

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21
Q

Public Defender system

A

The system that appoint pro bono lawyers for defendants

22
Q

district courts

A

court where criminal and civil cases are held first.

23
Q

circuit court of appeals

A

courts where you appeal decisions from lower courts.

24
Q

Supreme court

A

the head bitch of courts

25
Q

Original jurisdiction

A

Authority of a court to hear a case “in the first instance”

26
Q

Appellate jurisdiction

A

The second go round for the courts where they review the decision from the original jurisdiction

27
Q

Precedent

A

A ruling made by a higher court that applies to all other courts

28
Q

Writ of habeas corpus

A

They have to tell prisoners why they’re being taken into custody.

29
Q

Senatorial Courtesy

A

President tells senators of new people they’re appointing to work in their states

30
Q

judicial activism

A

a view point that justices should interpret the constitution to reflect current conditions and values

31
Q

Judicial restraint

A

The view point that justices should interpret the constitution the way the framers intended it.

32
Q

Writ of certiorari

A

A formal writ to bring a case before the supreme court.

33
Q

Informa pauperis

A

I am just a poor boy!!! and I can’t pay for legal fees!!!

34
Q

docket

A

the list of cases the supreme court is to oversee

35
Q

amicus curiae brief

A

a literal friend of the court. A request to present arguments along with those presented by the immediate parties to a case

36
Q

Opinion of the court

A

an explanation of a Supreme court ruling

37
Q

dissenting opinion

A

a opinion that disagrees with the majority decision of the supreme court

38
Q

Concurring Opinion

A

An opinon that agrees with the majority in a Supreme court ruling but differs in reasoning

39
Q

Stare decisis

A

The rule of precedent. the keep that same energy clause. Judges have to answer the same when a previously answer question comes up

40
Q

bad tendency test

A

A way of reading the First Amendment that allows the government to repress free speech, when it encourages people to illegal actions

41
Q

Civil disobedience

A

deliberately breaking the law as an act of rebellion against an unjust law or system of laws

42
Q

Clear and Present danger test

A

A way of reading the first amendment that allows the government to limit free speech, when the speech presents a clear and present danger of evil or illegal acts

43
Q

Commercial Speech

A

Advertisements. They receive less first amendment protection to prevent false claim

44
Q

Content neutrality

A

laws that apply to all kinds of speech

45
Q

double jeopardy

A

Being tried for the same crime twice.

46
Q

due process

A

Establish rules and regulations that restrain government officials

47
Q

due process clause

A

In the fifth amendment, similar to 14th amendment prohibiting state gov’t from conviction without due process

48
Q

eminent domain

A

The power of the government to take private property if they give you compensation

49
Q

Establishment Clause

A

1st amendment clause. Gov’t cannot establish an official religion

50
Q

ex post facto law

A

retroactively criminalizes and act