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APGOV Judicial Branch > JUDICIAL BRANCH > Flashcards

JUDICIAL BRANCH Flashcards

1
Q

Article that describes our Judiciary

A

Article III

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2
Q

Judiciary Act of 1789

A

Created 3 tiered court system. Fed judges serve for life

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3
Q

Federal district courts

A

94 of them. Lowest level

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4
Q

Original jurisdiction

A

The court a case is first heard in

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5
Q

12 Circuit courts of appeals

A

Appellate courts. No original jurisdiction

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6
Q

Rule of 4

A

Court case must be heard by 4 judges

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7
Q

Solicitor General

A

Federal government supreme court lawyer. defends President in high court

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8
Q

Amicus Curiae

A

“Friend of the court”. a brief filed by a 3rd party with an interest in the case

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9
Q

Writ of Certiorari

A

“To be fully informed” ordering up a case by supreme court from a lower court

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10
Q

In Forma Pauperis

A

“In the form of a pauper” poor dont have to gothrough all legal procedures/rules

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11
Q

Stare Decisis

A

Courts honor presidents previous rulings

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12
Q

Judicial Activism

A

Liberal judge who interprets constitution to adress changing times since 18th century

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13
Q

Constructionist Judge

A

Conservative judge. supports judicial restraint, limited judicial review

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14
Q

Original Intent

A

Interpret constitution as the founders wanted

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15
Q

Sovereign immunity

A

Fed govt can dismiss a case, presds rarely forced into court

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16
Q

Full faith and credit clause

A

States must honor other states laws documents and certifications

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17
Q

Senatorial courtesy

A

presidents ask senior senator for a federal judge recommendation (not supreme court)

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18
Q

Exclusionary rule

A

evidence obtained illegally cannot be used in court

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19
Q

Eminent domain

A

Government and developers can seize your property for the public good.

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20
Q

Title 9

A

prohibits gender based discrimination

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21
Q

Civil liberties

A

freedoms protected against government abuse (enlightenment thinking)

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22
Q

Civil rights

A

minority groups fighting for more rights

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23
Q

Bill of Rights

A

Originally only impacted federal laws. Didnt extend to state governments.

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24
Q

Incorporation doctrine

A

Bill of rights apply to the states

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25
Q

Selective incorporation

A

supreme court says only fundamental rights in the bill of rights apply to the states

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26
Q

14th amendments due process clause

A

Laws cant deny fundamental rights like speech

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27
Q

1st amendment

A

Freedom of speech, press, religion, petition, assembly

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28
Q

Seditious speech

A

Anti government speech

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29
Q

Espionage act

A

Creates clear and present danger

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30
Q

Prior restraint

A

Government censors press regarding imminent harm

31
Q

Actual Malice

A

speech is unconstitutional

32
Q

Libel

A

defamatory written statements

33
Q

Slander

A

defamatory spoken statements

34
Q

Protected free speech

A

Students (limited), symbolic speech, campaign donations, pornography

35
Q

Not protected free speech

A

Fighting words, obscenity, false ads

36
Q

Establishment clause

A

Government cannot promote a faith

37
Q

Free excersize clause

A

Government cannot interfere with how people worship (hobby lobby and condoms)

38
Q

White house responds at _____ signatures

39
Q

2nd Amendment

A

Right to keep and bear arms

40
Q

3rd Amendment

A

No quartering of soldiers in our homes

41
Q

Right to privacy

A

Not in Bill of Rights, supreme court said we have this

42
Q

Roe v Wade

A

Abortion is legal through the right to privacy

43
Q

What overturned Roe v Wade?

A

Dobbs v jackson

44
Q

Sodomy laws

A

Due to right to privacy

45
Q

4th Amendment

A

No unreasonable searches

46
Q

Reasonable suspicion

A

Legal: pull over in car, teacher searching backpack, breathalyzer test

47
Q

Probable cause/warrant

A

Search car, home, locker

48
Q

5th Amendment

A

Eminent domain

49
Q

6th Amendment

A

Right to a free lawyer/attorney

50
Q

7th Amendment

A

Right to a jury trial if charged with a felony

51
Q

8th Amendment

A

No excessive fines, no cruel or unusual punishment

52
Q

9th Amendment

A

Prohibits rights not enumerated in the Constitution

53
Q

10th Amendment

A

All powers not given to the federal government are reserved for state governments

54
Q

Equal protection clause

A

All groups must be treated equally

55
Q

References to slavery in the Constitution

A

3/5ths Compromise, Can’t ban slavery for 20 years

56
Q

Dred Scott v Sandford

A

Slaves are declared “property”

57
Q

Emancipation Proclamation

A

Lincoln’s executive order

58
Q

13th Amendment

A

Banned slavery

59
Q

14th Amendment

A

Birthright Citizenship, Due process Clause, Equal protection Clause

60
Q

15th Amendment

A

Black peoples right to vote

61
Q

Reconstruction Amendment

A

13th, 14th, 15th Amendments

62
Q

Poll taxes

A

Made it hard for black people to vote

63
Q

24th Amendment

A

Banned poll taxes

64
Q

Plessy v Ferguson

A

Separate but equal

65
Q

NAACP

A

The National Association for the Advancement of Colored People

66
Q

How did the NAACP aim to desegregate the south

A

Get the Federal government involved through the supremacy and commerce clause

67
Q

Supremacy Clause

A

Federal law overrides state laws

68
Q

Commerce clause

A

Congress can regulate interstate commerce

69
Q

Brown v Board

A

Reverses Plessy v Ferguson

70
Q

Civil Rights act of 1964

A

Congress and President outlaw segregation. Signed by president Johnson

71
Q

The Great White Switch

A

Southern whites leave Demorat Dixie Party and become republican

72
Q

Civil Rights act of 1965

A

Citizens cant be denied the right to vote based on race

73
Q

Affirmative Action

A

LBJ executive order passed to end racial discrimination in workplace. Overturned by supreme court in 2023.

APGOV Judicial Branch (5 decks)

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