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APGOV Judicial Branch > JUDICIAL BRANCH > Flashcards

JUDICIAL BRANCH Flashcards

(73 cards)

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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
Selective incorporation
supreme court says only fundamental rights in the bill of rights apply to the states
26
14th amendments due process clause
Laws cant deny fundamental rights like speech
27
1st amendment
Freedom of speech, press, religion, petition, assembly
28
Seditious speech
Anti government speech
29
Espionage act
Creates clear and present danger
30
Prior restraint
Government censors press regarding imminent harm
31
Actual Malice
speech is unconstitutional
32
Libel
defamatory written statements
33
Slander
defamatory spoken statements
34
Protected free speech
Students (limited), symbolic speech, campaign donations, pornography
35
Not protected free speech
Fighting words, obscenity, false ads
36
Establishment clause
Government cannot promote a faith
37
Free excersize clause
Government cannot interfere with how people worship (hobby lobby and condoms)
38
White house responds at _____ signatures
100,000
39
2nd Amendment
Right to keep and bear arms
40
3rd Amendment
No quartering of soldiers in our homes
41
Right to privacy
Not in Bill of Rights, supreme court said we have this
42
Roe v Wade
Abortion is legal through the right to privacy
43
What overturned Roe v Wade?
Dobbs v jackson
44
Sodomy laws
Due to right to privacy
45
4th Amendment
No unreasonable searches
46
Reasonable suspicion
Legal: pull over in car, teacher searching backpack, breathalyzer test
47
Probable cause/warrant
Search car, home, locker
48
5th Amendment
Eminent domain
49
6th Amendment
Right to a free lawyer/attorney
50
7th Amendment
Right to a jury trial if charged with a felony
51
8th Amendment
No excessive fines, no cruel or unusual punishment
52
9th Amendment
Prohibits rights not enumerated in the Constitution
53
10th Amendment
All powers not given to the federal government are reserved for state governments
54
Equal protection clause
All groups must be treated equally
55
References to slavery in the Constitution
3/5ths Compromise, Can't ban slavery for 20 years
56
Dred Scott v Sandford
Slaves are declared "property"
57
Emancipation Proclamation
Lincoln's executive order
58
13th Amendment
Banned slavery
59
14th Amendment
Birthright Citizenship, Due process Clause, Equal protection Clause
60
15th Amendment
Black peoples right to vote
61
Reconstruction Amendment
13th, 14th, 15th Amendments
62
Poll taxes
Made it hard for black people to vote
63
24th Amendment
Banned poll taxes
64
Plessy v Ferguson
Separate but equal
65
NAACP
The National Association for the Advancement of Colored People
66
How did the NAACP aim to desegregate the south
Get the Federal government involved through the supremacy and commerce clause
67
Supremacy Clause
Federal law overrides state laws
68
Commerce clause
Congress can regulate interstate commerce
69
Brown v Board
Reverses Plessy v Ferguson
70
Civil Rights act of 1964
Congress and President outlaw segregation. Signed by president Johnson
71
The Great White Switch
Southern whites leave Demorat Dixie Party and become republican
72
Civil Rights act of 1965
Citizens cant be denied the right to vote based on race
73
Affirmative Action
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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