Final Exam 11-13 Flashcards
Get an A on my last test and pull an A in the class!!!!
1
Q
What section of the constitution created the supreme court?
A
Article III, Section 1
2
Q
What federalist paper described the judical branch?
A
Fed no. 78
3
Q
What did paper no. 78 say about the judical branch?
A
least branch to worry about. Congress has the power of purse (power to raise and spend revenue) and the president has the power of sword (to force complinace) all that is left is the power of judgement.
4
Q
Why is the judical branch considered the most important and most powerful branch?
A
National court has jobs for life can only be removed by impeachment. Ruled on an issue law of the land until the court changes its mind or constututional amendment (4 TIMES) can last a lifetime.
5
Q
What is else is created by Article III section 1?
A
and other inferior courts Congress creates.
6
Q
Who has the power to remove all federal courts except the supreme court?
A
Congress
7
Q
What type of the structure do the courts follow?
A
3 tier
8
Q
Who makes up the 7th federal circut court
A
IN
9
Q
How many federal district courts are there?
A
About 90 (94) Every state must have one, most of the time depends on population.
10
Q
How many federal circut courts are there?
A
11+1= 12
11
Q
Give the order the courts from inferior to superior
A
Federal District Courts
Federal Circut courts
Supreme Court
12
Q
Who usually has the last word on the litigation? And why?
A
Federal circut courts, only handful of cases make to the supreme court.
13
Q
What does Article III section 2 describe?
A
Jurisdiction
14
Q
Define jurisdiction
A
authority to hear or decide a case
15
Q
What are the two kinds of jurisdiction and describe them
A
- Original (first to hear the case)
2. Appellate (only on appeal)
16
Q
What jurisdiction do federal district courts have?
A
Original
17
Q
What does jurisdiction do the appeal courts have?
A
appellate
18
Q
What type of jursidiction does the supreme court have?
A
Both original and appelate, 90% appelate.
19
Q
Why is the judicial power so important?
A
Because there was no judical power under the Articles of confederation, power lied in the state governments, no uniformity.
20
Q
What are the 7 categories that require judicial power?
A
- All cases rising under the constitution, a federal statute, or a treaty.
- All cases dealing with admirality and martime law (Navy, an incident on the water)
- All cases in a dispute between 2 or more states based on desuetude (to decide state borders)
- When the U.S government is part of a litigation.
- State is a party to a dispute in its corporate capacity and not precluded by the 11th amendment
- Diversity condition.- when a dispute between citizens of different states resolved by federal court.
- Cases involving ambassadors, councils, top of a foreign government. National issue.
21
Q
What case created the 11th amendment?
A
Chism vs Georgia
22
Q
What are the details of Chism v Georgia and how did it bring about the 11 amendment?
A
Chism was farmer that helped out the revolutionary soldiers and was excepting Georgia to pay him back. After the war colonies began to draw their borders and Georgia gave Chism’s property to South Carolina. He sued Georgia, supreme court ruled for Chism. States wants to protect themselves proposed the 11 amendment to keep citizens from other states from suing the state.
23
Q
Define judicial review
A
power of supreme court to invalidate actions of elected officials of government.
24
Q
What is the counter majoritarian theroy?
A
someone could challenge the government and strike down a law. System where unelected people can invalidate 535 person Congress and the president.
25
What is the defense of the supreme court listed in federalist paper no. 78?
Giving power is democratic, the ultimate sovereignity lies in the people. Express that sovereignity when they ratified the constitution. Need a supreme court for when elected officials overstep their boundaries.
26
What cases allowed judicial review to be born?
Marbury v Madison
27
What is the set up of Marbury v Madison
Adams in the last days of presidency decided to expand the national judiciary and appointed federalists to judgeships, byt when an opening came for the chief justice he chose his sec. of state John Marshall who was supposed to deliver the other judgeship papers but never did. Marbury wanted his papers and wanted to use the Judiciary Act of 1789 to have the Supreme Court issue a writ of mandamus to James Madison who was told by Jefferson not to deliver the papers.
28
What is a writ of mandamus?
A written order by the court to a public official to perform some aspect of his job duty.
29
What does it mean to recuse yourself?
excusing yourself from a case when you see a conflict of interest.
30
Why was deciding the Marbury v Madison a lose-lose situation?
If they sided with Marbury, Madison may not comply supreme will lose its power. If they side with Madison it will look like the Supreme Court will lose power by bowing to the president's will.
31
How did Marshall decide the Marbury v Madison case and how was judicial view created?
Considered questions: Is Marbury is entitled to judgeship-yes
If he is entitled is legal remedy available- yes
If Marbury has a right to legal remedy is the SC the proper venue for exercising right-no
Therefore Section 13 is unconstitutional. Article III section 2 does not give us to power to issue writ, creating judicial review.
32
True or False judicial review makes the judicial branch a co equal branch with the other 2 branches.
True
33
What are the five steps of how the Supreme Court exercises their power?
1. Determination of the docket
2. Filing of the briefs and oral argumentation
3. The conference
4. Writing and circulating of the draft opinion
5. Announcement of Opinion or Opinions of the court.
34
What is the docket?
official agenda of the court
35
True or False the Supreme Court is the only court allowed to determine its own docket
True
36
What is the Rule of 4?
if 4 justices believe the case deserves full consideration and is placed on the docket.
37
Who is the solicitor general and what is his role?
Represents the U.S all litigation called the 10th justice
38
Why would the Supreme Court look into an issue that has already been decided by the states?
If there is no uniformity among the state or federal courts, and when case involves a final ruling of a state supreme court on a federal law.
39
Define a brief
summary of all legal arguments in favor of a ruling.
40
What are the two kinds of briefs, and describe them
1. Litigant (must be filed by the appellant and respondent)
| 2. Amicus Curie briefs- interest groups briefs on which side should win.
41
Describe the oral argumentation process and why it is important
Each side gets 30 minutes. Reasons: Justices have a public duty to hear arguments and it gives justices the opportunity to ask questions.
42
What happens in the conference stage?
Take a preliminary vote, Chief Justice goes first and states which way he thinks the court should go, goes down the line in order of seniority. After the votes have tallied if the Chief Justice is the majority he will assign to the writing of the opinion. If he is not in the majority the most senior person will assign the writing of the opinion.
43
What is included in the writing of the opinion, and why is it important the way it is worded?
All the germane reasons why the side should win. Trying to get 9-0 ruling, want to hang on to the justices on their side and change other justice's mind.
44
What can happen if a justice does not a agree with an opinion?
Can circle another opinion around and if that opinion gets 5 signatures it becomes the opinion of the court.
45
What case did a circulating opinion have a major effect on the outcome?
Bowers v Hardwick.
46
What opinions are read during the announcement phase?
The majority opinion, any concuring opinions and dissenting opinions.
47
What is a concuring opinion and why is it important?
agrees with the results but disagrees with the legal aspects of it. Could be used to decide future cases. EX: O' Connor's opinion in Cruzane case.
48
What is a dissenting opinion and why is it important?
Does not agree with the legal aspects or the outcome. Important can be used to decide future cases. EX: Dissenting opinions in Plessy v Ferguson used to decide Brown v Board of Education.
49
Who are the members of the supreme court and who nominated them?
```
Chief Justice: John Roberts (W Bush)
Antonin Scalia (Regan)
Sonia Sotomayor (Obama, 3rd Woman-1st Hispanic)
Ruth Ginsberg (2nd woman, Clinton)
Elena Kagan (Obama)
Samuel Alito (Clinton)
Stephan Breyer (Clinton)
Clarence Thomas (1st Bush)
Anthony Kennedy (Regan)
```
50
Define a civil liberty
constitutional protection against the abuse of government power.
51
Define a civil right
constitutional agreement, guarantee that the government will act a certain way.
52
What is the difference between a liberty and a right?
Liberty is expressed in a negative way, right is expressed as a positive.
53
True or False protection of civil liberties has always applied to both the national government and the states
False, only applied the national government before the 14 amendment created
54
Describe the problem and outcome of Barren v Balitmore
Balitmore wants to become more competitive and removes gunk from the bottom of the water to make it deeper, currents change gunk ends of up at Barren's dock can't make a living.
Claim: 5th amendment deprivation of life, liberty and property
Ruling: Bill of Rights only applies to the national government.
55
When was the 14 amendment created and ratified and why is it important?
1868, due process clause had identical wording to the 5th amendment and applies it the states.
56
Describe the problem. claim and outcome of Chicago, Burlington, and Quincy Railroad v Chicago.
Problem: City council members want to rebuilt city after Great Chicago Fire, use emmienant domain to take property to public use, and pay 1 dollars a foot.
Claim: The owner Vanderbuilt use 14 amendment
Ruling: Railroad wins, 1st time part of bill of rights has been found by SC to work against the states.
57
Describe the problem. claim and outcome of Gitlow v State of New York
Problem: Young socialist protesting WWI soldiers by handing out pamplets violated the esponiage and sadition acts and is arrested.
Claim: 1st amendment freedom of speech- overturn conviction
Ruling: Upheld conviction but freedom of speech applies to states.
58
Describe the problem. claim and outcome of Palco v Connecticut
Problem: Palco tried for murder 1st sentence was life in prison. State did not like tried him again and got the death pentalty.
Claim: Victim of double jeporady, against 5th amendment and 14th amendment applies to states.
Ruling: Upheld conviction. Gave guidance to future rulings only rights that are essential will be applied to the states. Later the case overturned.
59
What case applied double jeporady to the states and overturned the Palco decision?
Benton v Magland
60
Describe the problem. claim and outcome of Purdinary Shopping Center v Robbins, ET. AL
Problem: High schoolers assigned to create a petition for school. Decide to get signatures, asked for permit and kicked out.
Claim: Under California State law, mall was quesi public property- meaning owners do not regulate all private property rights- no exculisonary rights- free expressions ans assoication rights.
Ruling: California can do more to protect civil liberties than required (Kids win)
61
Describe the problem. claim and outcome of Price v State
Problem: Price having a new years party, guests cause her to get arrested got in an officers face and cursed at him.
Claim: Violated in Indiana State Constitution free speech clause that freedom of speech will not infringed in any matter.
Ruling: No exceptions, not threating him, Indiana provided extra liberties.
62
What case allowed free speech to be infringed upon if it involves fighting words?
Schaplinsky v New Hampishire
63
What freedoms are provided for under the 1st amendment?
Religion, free speech, peacefully assemble, petition the government, freedom of the press.
64
What are the three tests for freedom of speech?
Bad tendency, clear and present danger and Prefered freedom doctrine.
65
Describe the bad tendency test
speech has to have the tendency to produce bad consequences. The person commits it as well as the person who spoke negatively against can be prosecuted.
66
Describe the clear and present danger test
pressumes clear and present danger. EX: Yelling fire in a movie theater.
67
Describe the prefered freedom doctrine
freedom of political expression- maximum leeway.
68
What are the two clauses in the freedom of religion?
1. Free exercise clause (free to practice religion)
| 2. Establishment Clause (no law to establish religion)
69
Describe the problem and outcome of Lemon v Kuntman, and what test was created?
Created: Lemon test
Problem: Wanted to use state tax money to pay private school teachers to teach secular subjects.
Outcome: Failed the third prong of lemon test. (Entangled the government with religion)
70
What are the three prongs of the lemon test?
1. Law must serve a secular function
2. May not have a primary effect that advances or inhibits religion
3. No excessive entanglement with religion.
71
Describe the problem. claim and outcome of Reyonolds v U.S
Problem; Western terriotories outlawed poligamy,
Claim: Violated Reyonolds practice of his religion.
Decision: Disagreed, did not specifically target mormans,
72
What test was created from an Amish school case and Shebert not being allowed to collect unemployment benefits for being fired from a job because he did not want to work on his sabbath?
Shebert- Yoder test, Governments must do things in the least restrictive way.
73
Describe the problem. claim and outcome of Oregon v Smith? And what test was created?
Test: Smith Test
Problem: Native Americans sacramentally use an illegal drug
Claim: Inhibits them from doing a religious sacrament
Decision: Oregon has a valid secular policy for banning the drug.
74
True or False there was once no constitutionally recongnized right to privacy.
True
75
Describe the problem and outcome of Griswold v Connecticut
Problem: State law banning contraceptives, Griswold is arrested for distributing contrceptives at her clinic.
Outcome: Justice Douglass creates the pernombra theory. The right to privacy is reflected in other rights in the amendments 1, 3,4,5 and 9th. First time the 9th amendment is evoked.
Right to privacy has constitutional backing, government has no right to interfere with a married couple's decision to have a child.
76
Describe the problem and outcome of Einsentadt v Barid
Problem: MA decides to pass law keeping unmarried people from using contraceptives. Einsenstadt is arrested for passing out contraceptives.
Decision: Supreme Court affirms the right to privacy on equal protections grounds. Law was not providing both married and unmarried couple's equal protection from the law. Based on 14th amendment, 1st time it is evoked for privacy. Government cannot interfere with an ummarried person's decision on whether or not to have a child.
77
Describe the problem. claim and outcome of Roe v Wade
Problem: Norma McCorvy pregnant by rape wants to get an abortion. In Texas it is illegal and she would be prosecuted as a criminal.
Claim: Her case is an extension of the Griswold case under the due process clause of the 14 amendment.
Decision: Court rules in favor of Roe, Roe has this right to privacy during her first trimester for her pregnancy, 2nd trimester than government can regulate but not prohibit, and the 3rd trimester they can restrict and prohibit.
78
Describe the problem. claim and outcome of Bowers v Hardwick
Problem: Man arrested outside of bar, wrong court date written on ticket does not show up for court. Officer goes to his house an finds him engaged in sodomy and is arrested.
Claim: Sexual relations are private matters under equal protections clause, and law is not enforcable.
Decision: Court holds for state, court takes a step back in the expansion of the right to privacy.
79
Describe the problem and outcome of Lawerence V Texas
Problem: Same as Bowers case
Decision: Struck down all antisodomy laws, Bowers case declared wrong. This law applied to homosexuals violated the eqaul protections clause and due process clause of the 14 amendment.
80
When did civil rights become part of the constitution?
When the 14 amendment was added.
81
What did the 13th amendment do?
Abolished slavery
82
What was the end of reconstruction act of 1877?
Program designed to ensure conferderacy rentry into the union.
83
Why was civil rights slowed down for 90 years in the south?
After union troops left allowed for local rule. Former confederacy members regained power.
84
Jim Crow laws fostered...
segregation
85
What was the 15 amendment?
Allowed black men to vote.
86
What were some of things that kept Black men from voting?
Grandfather clause, poll tax, literacy tests, violence.
87
Describe the problem and outcome of Plessy v Ferguson
Problem: Part black man was arrested for sitting in a white part of the bus wanted to challenge the Jim Crow law- equal protections clause.
Decision: Held for state, segregation is allowed as long as the facilites are seperate but equal
88
Who desegregated the troops?
Truman
89
Describe the problem and outcome of Brown v Board of Education
Problem: Brown wants to send his daughter to a school closer to her house, it was a white school.
Claim: Seperate does not mean equal
Decision: 9-0 for Brown, violated equal protections clause of 14 amendment overturned Plessy v Fegurson.
90
What was Brown II?
Same issue, in Brown court did not say what should be done. Court declared schools must desegregate quickly.
91
Why are Alexander v Homes County Mississippi and Griffin Price Georgia County important?
The time for deliberate speed had run out, those who had not desegregated would be desegregated were in the contempt of court- felony would go to jail.
Created busing.
92
Define Dejure segregation
segregation by state action
93
Define defacto segregation
by facts of case. EX: Housing layouts resulting segregation.
94
What right was created by the 19th amendment
Women's right to vote.
