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18, 19, 20, 21 > Test > Flashcards

Test Flashcards

0
Q

How many court systems are there and what are they?

A

Two, National courts and state courts

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1
Q

What part of the constitution creates National Judiciary?

A

Article lll

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2
Q

What are inferior courts and who created them?

A

The lower federal courts, congress created them

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3
Q

What is jurisdiction?

A

The authority of the court to hear the case

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4
Q

What are the types of jurisdiction?

A

Exclusive, concurrent, original, and appellate

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5
Q

Who appoints judges?

A

The president

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6
Q

How long do judges serve?

A

For life

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7
Q

How can you get rid of a judge?

A

Impeaching

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8
Q

What is the term of special court judges?

A

4-15 years

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9
Q

How many Federal District Courts are there?

A

94

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10
Q

How many Appeals Courts are there?

A

12

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11
Q

What is Judicial Review?

A

The power of a court to determine the constitutionality of a government action

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12
Q

What kind of jurisdiction does the Supreme Court have?

A

Original and appellate

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13
Q

What is exclusive jurisdiction?

A

Cases only heard in federal courts

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14
Q

What is concurrent jurisdiction?

A

Cases that can be tried in Federal or State courts

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15
Q

What is original jurisdiction?

A

When the case is first heard; the original trial

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16
Q

What is appellate jurisdiction?

A

Hears a case on appeal from a lower court

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17
Q

How many justices does it take for a case to come up to the Supreme Court? What do they issue?

A

4/9. They issue a document

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18
Q

What are oral arguments?

A

Formal debate rules when you speak in front of Supreme Court Justices.

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19
Q

What are briefs?

A

They’re filed with the court; written documents before all oral arguments begin

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20
Q

What is a conference?

A

Periods over a closed-door conference (opinion)

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21
Q

What is a majority opinion?

A

Announces court’s decision in a case and its reasoning on which it is based

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22
Q

What are precedents?

A

Examples to be followed in similar cases as they arise in lower courts or reach the Supreme Courts.

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23
Q

What are concurring opinions?

A

Authorized by justices to add a point not made in majority

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24
Q

What are dissenting opinions?

A

Written by justices who disagree with the majority opinion

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25
Q

What’s the Court of Federal Claims?

A

Handles all pleas against acts of the US government

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26
Q

What are Territorial Claims?

A

Nation’s territories. Guam and Virgin Islands function like local courts in states

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27
Q

What is the District of Columbia Court?

A

Local judicial matters for the district, including trials and appeals

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28
Q

What is the United States Tax Court?

A

Hears civil (not criminal) cases over disputes over application of tax laws

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29
Q

What is the Military Court of Appeals?

A

Reviews convictions of members of armed forces at a court. Involving military law

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30
Q

What is the Court of Appeals for Veterans?

A

Hears cases where people claim they’ve been denied valid claims for their benefits

31
Q

What are civil liberties?

A

Rights that are guaranteed to you. These are against the gov. because they’re protecting us. The bill of rights protects civil liberties.

32
Q

Amendment 1?

A

Freedom of religion, speech, press, right to gather, and right to petition

33
Q

Amendment 2?

A

Right to bare arms

34
Q

Amendment 3?

A

Right not to have soldiers in your home

35
Q

Amendment 4?

A

Right not to have police search you or your belongings

36
Q

Amendment 5?

A

Right not to be charged with the same thing twice, due process, right to not have property taken without compensation

37
Q

Amendment 6?

A

Speedy, jury, and lawyer in a criminal trial.

38
Q

Amendment 7?

A

Right to have a jury in a civil trial

39
Q

Amendment 8?

A

Freedom from cruel and unusual punishment

40
Q

Amendment 9?

A

Just because rights aren’t listed in constitution doesn’t mean they don’t exist

41
Q

Amendment 10?

A

Powers not listed in constitution are implied

42
Q

What is the establishment clause?

A

Congress shall make no law respecting an establishment of religion

43
Q

What is the Free Exercise Clause?

A

Prohibits government from interfering with the practice of religion

44
Q

What is prior restraint?

A

Government preventing material from being published - censorship (unconstitutional)

45
Q

What is obscenity?

A

Appeals to an interest in sex, patently offensive sexual conduct, serious literary artistic, political, or scientific value

46
Q

What is libel?

A

Publication of false or malicious statements the damage someone’s reputation

47
Q

What is slander?

A

Spoken instead of written, to damage someone’s reputation

48
Q

What is symbolic speech?

A

Nonverbal communication (burning a flag or wearing and armband)

49
Q

What is commercial speech?

A

Communication in the form of advertising

50
Q

Who regulates commercial speech?

A

Federal Trade Commission

51
Q

What is a refugee?

A

waves his home to seek protection from the war

52
Q

What is assimilation?

A

Process where people from one culture merge to another

53
Q

List 4 groups in American’s history that have been subject to “race-based” discrimination

A

Asians (paid less)
Native Americans (forced off land)
Hispanics (labeled as illegal)
Africans (slave trade, Jim Crow laws)

54
Q

Segregation (de jure and de facto)

A

Separation of one group
De jure: in law
De facto: in practice

55
Q

Separate but equal doctrine?

A

Reason for separating groups

56
Q

What is integration?

A

Process of having equal membership in a society

57
Q

What is affirmative action?

A

Favoring members of a disadvantaged group who are perceived to suffer from discrimination within a culture.

58
Q

What is a quota?

A

Rule stating how much jobs can be for certain groups

59
Q

What is jus soli?

A

Law of soil

60
Q

What is jus sanguinis?

A

Law of blood

61
Q

What are the variations of determining citizenship in the US?

A

Individually, collectively, jus sanguinis, jus soli

62
Q

What are excludable aliens?

A

Personal characteristics (criminals, infects people, and people who can’t read or write)

63
Q

What happened in the case Regents of the University of California vs. Blake?

A

Forbade the university of taking race into account. At first it allowed affirmative action, and only 16 seats for minorities.

64
Q

Amendment 13?

A

Abolished slavery

65
Q

Amendment 14?

A

Formal slaves are citizens

66
Q

Amendment 15?

A

Africans have the right to vote

67
Q

What is a shield law?

A

Made to protect journalists

68
Q

What is habeas corpus?

A

Used to determine if a ruling is lawful

69
Q

What is a bill of attainder?

A

An act of a legislature declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial.

70
Q

What is ex post facto law?

A

A law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law.

71
Q

What is indictment?

A

Formal accusation that a person has committed a crime.

72
Q

What is the exclusionary rule?

A

Evidence collected or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.

73
Q

What is double jeopardy?

A

A procedural defence that forbids a defendant from being tried again on the same (or similar) charges

74
Q

What is due process?

A

Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person

18, 19, 20, 21 (1 decks)

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