Test 4 Flashcards
1
Q
What provides a partial basis for US law?
A
English common law
2
Q
When did the Normans invade England?
A
1066
3
Q
How were legal disputes settled before 1066?
A
By local law traditions
4
Q
What important law form was formed under the Normans. What was it?
A
The King’s Court was created; it was a uniform set of laws
5
Q
Where were important Norman/English laws compiled?
A
Year Books
6
Q
What was the importance of precedence in England and then later in the US?
A
It was the basis of new decisions; past decision
7
Q
What is considered the corner-stone of English Law?
A
Precedents
8
Q
What is ruling based on precedent liked to?
A
“Stare decisis”
9
Q
What does “stare decisis” mean?
A
“To stand on decided cases”
10
Q
What precedents do judges look at when making decisions?
A
- Decisions of the same court in the past
2. Decisions of courts with higher jurisdiction
11
Q
What court precedents are CA appellate courts subject to?
A
The CA Supreme Court, as well as their own past precedents
12
Q
Do other states’ courts have authority over CA courts?
A
No
13
Q
What are district courts in California under?
A
- The 9th circuit court
2. U.S. Supreme Court
14
Q
Do the 8th and 10th circuit courts have authority over district courts in CA?
A
No
15
Q
What are the sources of American law?
A
- Federal and state constitutions
- Legislative statues
- Administrative rules and regulations
- Case law
16
Q
What do American laws do?
A
Establish the organization of powers and limits of the government
17
Q
What did Article VI establish?
A
It was the supremacy clause regarding the constitution
18
Q
Can state constitutions conflict with the US constitution? What is it normally considered?
A
Yes; it is normally considered the supreme law of the land
19
Q
What do statues define?
A
Individual rights and duties, commercial laws, criminal code
20
Q
What do counties, cities, and local bodies pass? What do they concern?
A
Ordinances are passed in concern to public safety, and zoning issues
21
Q
What do ordinances and statutes hold the power of?
A
The force of law
22
Q
How are rules and regulations interpreted?
A
Like statutes and ordinances
23
Q
What is the definition of case law?
A
Courts interpret cases in light of precedent
24
Q
What is case law applied to?
A
- Common law principles
- Administrative law
- Statutory law
- Constitutional law
25
How many court systems does the US have? What makes up this number?
52; States, DC, and the federal court systems
26
What are the 2 requirements to hear a case?
1. Jurisdiction
| 2. Standing
27
What court must individuals do before?
The local courts
28
When cases are appealed, where do they go?
The appellate court with jurisdiction
29
Where can cases go after the appellate court? What is the result?
The Supreme Court, which has final say in the matter
30
What are federal courts limited to?
1. Federal question
| 2. Diversity of citizenship
31
What types of involvement give federal courts jurisdiction?
* The Constitution
* Congressional acts
* Ratified treaties
32
What constitutional issue is sometimes handled by federal courts?
Freedom of speech
33
What is the definition of diversity of citizenship?
Parties involved in a case are from different states or are a US citizen and citizen of a foreign government
34
How much money must be exceeded in order to legitimize a diversity of citizenship case?
Over $75,000
35
What defines standing?
The plaintiff must have experienced or been threatened with harm; the issue must be substantial and real (not hypothetical)
36
What are the 3 tiers of the federal court system?
1. U.S. district courts and specialized courts
2. Intermediate courts of appeal
3. U.S. Supreme Court
37
What is the spread of district courts like through the country?
At least 1 district court in each state, with 4 in CA, NY, and TX
38
How many district courts and courts of jurisdiction are there?
94
39
Where do parties dissatisfied with district court verdicts have the option to appeal?
Federal appellate courts
40
How many courts of appeal are they? What makes them up?
13; numbered courts of appeal (11) and the D.C. Circuit that heart district court appeals
41
Where else can the DC circuits take appeals from? What does this handle?
It can take appeals from federal agencies and commissions; they handle financial claims, contracts, and patent appeals against the federal government
42
Do courts of appeal conduct new trials? If not, what does happen?
No; 3+ appellate justices review appealed cases to look at “questions of law” and not ”questions of fact”. This is a review of the act in question was a violation of the law
43
Are dissatisfied parties likely to succeed in taking their cases to the Supreme Court?
No
44
Are judgements of appeal courts final?
Sometimes
45
What is the highest court in the US?
The Supreme Court
46
How many justices have been on the Supreme Court throughout time?
From 1789 to 1869 there were 5 justices. After 1869 there have been 9 justices
47
What makes up the nine judges?
8 associate justices and 1 Chief Justice
48
What courts does Article III mention?
Only the Supreme Court
49
Who established “inferior courts”? What was a big difference when they were established?
Congress; the original jurisdiction is limited (Ex. Foreign diplomats or states were “parties”). It was mostly appellate jurisdiction
50
If a federal question is involved, who may review the case?
Federal appellate courts
51
Who are the nine Supreme Court justices?
1. John Roberts Jr.
2. Clarence Thomas
3. RBG
4. Stephen Breyer
5. Samuel A. Alito
6. Sonia Sotomayor
7. Elena Kagan
8. Neil Gorsuch
9. Brett Kavanaugh
52
How much are associate judges paid? Chief justices?
$213,900; $223,500
53
What major court was developed in 1978? What was the result?
FISA (Foreign Intelligence Surveillance Act), which permitted creation of the FISA court?
54
How many judges are there in FISA court? What do they do?
11 judges; they meet in secret and do not publish order or opinions
55
When was FISA’s authority expanded? What was the result?
Under Clinton; FISA could now authorize physical and electronic searches
56
When was FISA’s domestic surveillance standard lowered?
Under Bush
57
When are Writs if Certiorari issued? What does it require?
When the Supreme a court agrees to review a case; it requires a lower court to submit records of the case
58
How many petitions are denied by the Supreme Court?
90%
59
How many justices are needed to issue a writ of certiorari? Who do they rely on before this issue?
4; they rely on their law clerks
60
What are decisions of appeals courts based on?
Abstracts, the records, and briefs
61
How do interest groups submit briefs? What do they do?
They use Amicus Curiae briefs; they present evidence and arguments supporting one party
62
What action is taken after briefs are submitted? What is this process like?
Oral arguments; Supreme Court Justices ask questions throughout oral arguments
63
How is an opinion defined?
A written statement of decision, reasoning, and applicable law
64
What does it mean for a case to be affirmed?
A higher court agrees
65
What does reversing a case mean?
A decision being annulled if a reversible error was made or the jury was improperly instructed
66
What does it mean when a case was remanded?
An error was made in lower courts, meaning the case may new instructions along with it
67
What is a majority in the Supreme Court? In the California Supreme Court?
5-8 of the 9 Supreme Court justices, 6/7 in the California Supreme Court
68
What does a concurrent decision mean? What does this normally require?
Justices agree with the decision, but not with the reasoning. It can require an explanation of reasoning written down
69
What is a dissenting opinion? What effect has it had?
A writing of disagreement by a justice; it has set new precedent on over 100 US cases
70
How many judgeships are there? How do they come about?
There are over 850; the president appoints them, the senate concurs
71
How long do judges serve?
Can be fit life
72
What causes an opening in judgeships? Which is the least likely?
1. Retire voluntarily
2. Resigning
3. Dying in office
4. Being impeached or removed - least likely
73
Who can veto a judicial appointment? When was this policy set into motion? What party was it based on?
Senators; it was pronounced by the GOP in 2000, but not implement until 2002. It was formed by the republic party base
74
What’s the name of one of the senate’s powers?
Patronage power
75
Who nominates state Supreme Court justices?
The state senate
76
Who restored the role of the president in nominations, even expanding it a little? Who continued this? Who later expanded discretion?
Reagan; continued by GHW, Bush, and Clinton; discretion by Bush
77
What happens in appellate court appointments?
1. Handle more important issues
| 2. “Stepping-stones” into US Supreme Court
78
What is one issue with Supreme Court appointments?
They can be controversial
79
Who did Reagan fail to nominate in 87?
Judge Bork
80
What did Bork oppose?
1. Conservative judicial beliefs
| 2. Firing Archibald Cox (water gate)
81
What is one issue justices face?
Opposition
82
When did an important case of sexual harassment having to do with the Supreme Court? With whom?
1991, with Thomas’s confirmation
83
Who had notably heated confirmations? When? Why were they opposed?
Roberts and Alito in 2005 and 2006; opposed because they were going to replace a conservative and a moderate
84
What is the court’s main power? When was this enunciated?
Determine the constitutionality of the other branches; enunciated in Marbury vs Madison, 1803
85
What does restraint mean in a judicial context?
the court defers decisions to elected officials and people
86
What does construction mean in a judicial context?
Approach regarding the constitution of statutes
87
What is a strict construction?
Seeing the constitution or statutes as “the letter of the law”
88
What is a broad construction?
Look to context and purpose behind the constitution or statutes
89
What checks on the courts do the executives have?
•Exec could refuse to implement court rulings (damaging to presidential popularity, but prefer appointing new justices to fill vacant seats)
90
What checks does the legislature have?
Refusing to appoint funds to carry out court decisions (uncommon yet possible)
91
What checks do constitutional amendments have on the court?
They can overturn court decisions at federal and state levels
92
What checks does rewriting laws have on the court?
Prevents judicial misinterpretations
93
What are other checks on the court?
1. Public opinion
2. Judicial tradition
a. Narrow focus
b. No meritless appeals
c. State decisis
3. Judicial doctrines
a. No hypothetical questions
b. Defer questions to other branches
4. Refer to lower courts
94
Why did many interest groups form? What are some examples?
As the result of a social movement. Ex. American Anti-Slavery Association (1883, pursuing abolition), National American Woman’s Suffrage Association (1890), NAACP and SCLC (civil rights movement)
95
What are latent interests?
Policies are not advocated by existing groups
96
What can limit recruitment into interest groups?
The free rider problem
97
What is one reason to join an interest group? What is an example?
To associate with others sharing interests; ex. National Audobon Society
98
What are material incentives? What is an example of one of these interest groups?
People joining interest groups for economic benefits and opportunities. Ex. AARP (12.50 annual fee)
99
What are purposive incentives?
When one joins an interest group to pursue an economic, social, or policy goal
100
What groups make up the majority of interest groups?
Economic interest groups
101
What makes up economic interest groups? What is another name for this?
Trade associations and business groups; form “umbrella groups”
102
What do business and interest groups lobby for?
Fewer regulations
103
What type of interest groups exert strong influence? What are some examples?
Agricultural interest groups; ex. American Farm Bureau Federation, National Farmers Union
104
How were large subsidies created?
The Farm Security and Rural Investment Act in 2002
105
What is an example of a labor interest groups?
American Federation of Labor (1886), the AFL-CIO (1955), AFT, AFCSME, NEA (2.8 million members)
106
What is the nation’s largest federation of unions?
The AFL-CIO
107
When did the AFL-CIO splinter into 4?
2005
108
What are examples of professional interest groups? Which spends the most money?
The American Bar Association, the American Medical Association (spends most money)
109
When was the first “Earth Day” celebration?
1970
110
Who started public interest groups?
Ralph Nader with Unsafe at Any Speed (1965)
111
What are some conservative law firms?
1. Pacific Legal Foundation
| 2. National Right-to-Work Legal Defense Foundation
112
What 1970’s group was among the largest public interest groups?
Common Cause
113
What did Common Cause succeed in?
1. Passing the 26th amendment
2. Increasing voter registration
3. Removing US troops from Vietnam
4. Campaign spending limits
114
What are some examples of public interest groups?
The League of Women Voters, the ACLU
115
How do interest groups influence general elections?
•May employ the lobby
116
What is the direct technique of influencing an election?
1. Lobby politicians
2. Publish ratings of voting records
3. Ally w/ other interest groups
4. Provide politicians financial or organizational resources
117
What is the indirect technique of influencing an election?
1. Public pressure through advertising
2. Have constituents contact politicians
3. March or boycott
118
What are civil liberties?
Limits governmental action against individuals (noninterference)
119
What are civil rights?
Work of the government to prevent discrimination
120
What type of covering does the 1st amendment provide for free speech and the right to protest? What does this mean?
Sweeping; it covers offensive speech, or speech/assembly rights of groups that we strongly disagree with as well as agree with
121
Where is freedom of speech illegal or banned?
Modern Germany
122
What did the Bill of Rights originally apply to?
Only the national government, not the state
123
What are the opening words of the 1st amendment?
“Congress shall make no laws”
124
What court case ruling stated that the bill of rights is not applicable to states?
Barron vs. Baltimore, 1833
125
What was the first bill of rights amendment that applied to the states?
The 14th amendment
126
What does the 14th amendment cover? What is the opening of its first section?
Due process; it states, “No state... shall deprive any person of life... without the due process of law”
127
Why didn’t the Supreme Court want to apply most of the Bill of Rights to the states?
The 14th amendment included a due process of the law, which could conflict with state constitutions
128
What court case caused the court to apply freedom of speech to the states? What was the result?
Gitlow vs. New York, 1925; the court began selectively applying the Bill of Rights to the states
129
What comes first between the first amendment’s establishment clause and free exercise clause?
The establishment cause
130
How did the establishment clause restrict congress? What happened despite this?
It prevents them from establishing a national religion; some states continued collecting taxes to support religious bodies
131
When was disestablishment finally complete? What state completed it?
1833 in Massachusetts
132
What phrase is synonymous with the establishment clause? When was it first used?
Separation of church and state; it was first described by Jefferson in a 1802 letter to the Danbury Baptist Association
133
In what important court case was Jefferson‘s letter cited?
Justice Black, in Everton vs. Board of Education (1947)
134
What lines has the Supreme Court had to establish in terms of religion?
Between permissible aid to students in religiously-based schools and impermissible aid to religious bodies
135
Who performed the 3-prong test for the establishment clause?
Burger
136
What are the steps of the lemon test?
1. Aid (secular purpose)
2. The primary effect not to advance or inhibit religion
3. No excessive entanglement with religions
137
What are vouchers? Who has experiments with this type of program?
State-issued credits to purchase education any school (public or private); considered by Cleveland (who upheld the program starting in 2002), Florida (who struck it down in 2006), and Wisconsin
138
How much were Ohio’s vouchers worth?
$10,000,000 for 430,000 charter school students
139
What did the case Engle vs Vitale (1962) establish?
The court struck down official school prayer
140
What was Regent’s prayer? What was established about this prayer?
Voluntary and nondenominational prayer; it was struck down because it was “giving official religious approval and prescribing a religious activity”
141
What religious issue has the court cut down on multiple times?
Attempts to forbid teaching evolution
142
What did Oregon v. Smith (1990) establish? What was the result?
The state could deny unemployment benefits to two drug councilors who had been taking peyote; the councilors aimed they shouldn’t have been fired because peyote was a part of the Native American Church
143
What did Oregon v. Smith (2003) establish?
The Religious Freedom Restoration Act (RFRA); religious conduct of citizens must be protected unless there is a compelling reason to restrict this conduct
144
What happened to the RFRA? Why?
The court struck it down in ‘97, stating that it violated states’ rights. They argued that the act would displace laws and prohibit actions of officials at all levels
145
What is prior restraint?
Activity being restrained before it has occurred
146
Does the court support prior restraint?
Not necessarily; they have been critical of efforts by the government to put prior restraint into effect
147
What was established in NY Company vs U.S. (1971)? What was the result?
The government could not prevent the publication of stolen and photo copied government documents; this reaffirmed there was no prior restraint doctrine in the Supreme Court
148
What type of speech are gestures/movements/articles of clothing considered? What type of protections does this have?
It is symbolic speech, which is pretty protected by the court
149
What did Tinker vs. Des Moines School district (1969) establish? Why?
Armbands are protected by freedom of speech; the school district was unable to prove disruption.
150
What did Texas vs. Johnson (1989) establish?
The court ruled that the Texas prohibiting flag burning was in violation of the first amendment.
151
What important congressional act was passed in 1989?
The Flag Protection act of 1989, prohibiting defacing, trampling, or burning the US flag, with an exception for flags that were properly disposed of
152
What is libel?
Written defamation, including signs, pictures, etc., and must be observed by a third party
153
What are the requirement for slander?
They are the same as the requirements for libel
154
What are the requirements for libel?
Actual malice in a statement against a known public official
155
What is actual malice?
A person making statements must know the statement is fake or that they’re disregarding the truth
156
What has actual malice been broadened to by the courts?
All public figures, not just public officials
157
Who is held to a higher burden of proof than “ordinary citizens”?
Public officials and famous individuals
158
What is the freedom to assemble and petition treated similarly to (by the court)?
Freedom of speech
159
Why do cities require permits for assembly?
To prevent riots
160
Where had the American Nazi Party planned their march? Why?
Through Skokie, Illinois, which was full of Jewish people and Holocaust survivors
161
What was the result of the ANP’s lawsuit against Skokie after they were not issued a permit?
They won, but the march was held elsewhere
162
What did Griswold vs. Connecticut (1965) establish?
The court formally established the right to privacy
163
What did Roe v. Wade (1973) establish?
The court struck down Texas’s abortion ban on privacy grounds
164
What is legally true or the first trimester?
Abortion is solely a matter between the woman and her doctor
165
What is legally true of the second trimester?
The state could specify the conditions by which an abortion could be performed if it was necessary to protect the health of the mother
166
What is legally true of the third trimester?
The state could regular or prohibit abortion to protect the mother’s health
167
Despite later cases, what is true of Roe v. Wade?
It essentially remains the law of the land.
168
Where are many criminal defendant outlines?
The 4th, 6th, and 8th amendments
169
What did Gideon v. Wainwright (1963) establish?
Persons unable to afford an attorney must have one provided.
170
What was the basis of Miranda v. Arizona (1966)?
Police did not inform him of the right to stay silent or have a lawyer present
171
What must all police officers do since the Miranda case?
They must read the “Miranda rights” during every arrest
172
What did Furman v. Georgia (1972) establish?
The death penalty was being inconsistently applied, meaning that the 8th and 14th amendments were being violated
173
By 1976, how many states had adopted 2-stage processes for trying capital cases?
25 states
174
What did Gregg v. Georgia (1976) establish?
A new process was develop to reduce arbitrariness
175
When did executions hit their peak? What has happened since then, and why?
1998; there has been a decrease in decades since, due to court rulings and some decline in support
176
Where do modern rights movements have their roots?
The 1800’s
177
What was brought to an end with the union victory in 1865?
The practice of slavery
178
What did the 13th amendment (1865) do?
Abolished slavery
179
What did the 14th amendment do? Was it effective? What were the long term results?
It was meant to protect freedmen; however, it was ignored and not quickly enforced. It was also later used to challenge Jim Crow laws.
180
What did the 15th amendment (1870) establish? What was the result?
African American males were enfranchised. Many new voters were harassed and intimidated
181
What was the basis of Plessy v. Ferguson?
Homer Plessy boarded a whites only train car in New Orleans, and was escorted by a conductor to a black car
182
What were Plessy’s grounds for challenging the law? What was the result?
A violation of the 14th amendment; the court upheld the statute, finding the grounds for separate-but-equal
183
What was the technical application of separate-but-equal? Was this upheld?
It was meant to apply to railway cars, but later states and localities began to apply segregation to all public outfits
184
What did the NAACP challenge?
Discriminatory practices
185
What did Sweatt v. Painter (1950) establish?
The Supreme Court required integration of the University of Texas Law School
186
What did Brown v. Board of Education (1954) establish? What reason?
Separate but equal is inherently unequal; it also violated the 14th amendment’s equal protection clause
187
What did the Little Rock Nine case become known as? What did it establish?
The 2nd Brown v. Board. The court insisted intervention take place “with all deliberate speed”
188
What took place in the Little Rock Nine case?
Governor Orval Faubus refuses to implement Brown by using the national guard to block the integration of Little Rock Central High School
189
How did Eisenhower solve the Little Rock Nine problem?
He had the army oversee the high school’s integration
190
Where did Rosa Parks refuse to give up her seat? How much was she fined?
Montgomery, AL; she was fined $10
191
How long did African Americans boycott the bus line? Who led this movement?
381 days; MLK
192
What happened to MLK during the Montgomery protests?
He was jailed for two weeks, his home was fire bombed, and he became the SCLC’s first president
193
What happened in Birmingham (1963) to SCLC marchers? What nickname did this result in?
They were met with police dogs and fire hoses; “Bombingham”
194
What passage was passed through due to marches and violence?
The Civil Rights Act of 1964
195
Who organized the march on Washington on 1963? What famous event happened there?
A. Philip Rudolph and Barnard Rustin; the “I Have a Dream” speech was delivered in front of ~250,000 people
196
When we’re early versions of the Civil Rights Act introduces, by whom?
June 1963, by Kennedy
197
Who signed the Civil Rights Act into law? When?
Johnson in July of 1964
198
What banned racial, color, religion, nationality, or gender discrimination? What else was forbade by it?
Title 7; discrimination by voter registration, and public accommodations
199
Who oversaw title 7? Are they still active?
5 member EEOC; they still work to combat discrimination
200
What did the 24th amendment do?
It banned poll taxes
201
What was forbade by the VRA of 1965? How?
It forbade voter registration tests, and provided federal registration where discrimination had occurred
202
Where was MLK assassinated? What was eerie about this?
Memphis; a speech he gave the previous day seemed to foreshadow his death
203
Who was the 1st African American woman elected into the US senate? When?
Carol Moseley Braun, 1991
204
Who was the fifth African American elected to the senate? When?
Obama; 2004
205
Who became the first African American to serve as Secretary of State? When?
Colin Powell in 2001
206
Who became the first African American woman to be appointed Secretary of State?
Condoleezza Rice, 2005
207
According to the Gallup poll of 1958, what percentage of Americans would vote for an African American president? In 2005?
38%; 92%
208
When was Obama first elected?
2008
209
What was the first major political cause that women participated in?
Abolitionism
210
Who organizes the Seneca Falls Convention of 1848? What was adopted by it’s attendants?
Mott and Stanton; a declaration of sentiments
211
How could the declaration of sentiments be described? What is one example?
An adaptation of the Declaration of Independence that took into consideration the needs and concerns of women; “we hold these truths...all men and women are created equal”
212
Who established the National Women Suffrage Association Of 1869?
Stanton and Susan B Anthony
213
Who established the American Women Suffrage Association?
Lucy Stone and Julia Ward Howe
214
When did NWSA and AWSA combine? What did they form, and what was it’s focus?
NAWSA, 1890. It focused solely on enfranchising women
215
Who found Congressional Union for Women Suffrage? When?
Alice Paul and others in 1913
216
When was the 19th amendment passed? What did it state?
1920; “right of citizens... to vote shall not be denied or abridged... on account of sex”
217
When was the earliest feminism could have been used?
1910
218
What was the focus of the early women’s movement? How does this compare to the modern women’s movement?
The focus was solely on voting, instead of all the political, social, and economic focuses we have today
219
What has served as a great inspiration for the new women’s movement?
The civil rights movement
220
What served as a catalyst. What did it result in?
Betty Friedman’s “Feminine Mystique”; it formed NOW, seeing how they were unimpressed with the EEOC’s effectiveness
221
When was the Equal Rights Movement (ERA) first introduced?
1923
222
When was the ERA sent to state legislatures for ratification? What was the result?
1972; it failed passages of the necessary 38 states
223
Who led the ERA’s counter movement? What was the main reason she was against it?
Phyllis Schafly; it would blur the distinction between men and women, meaning women would have to sign up for the draft
224
How many women were in the 110th Congress?
139 in the house, 16 in the senate
225
Who was the first female speaker of the house? When?
Nancy Pelosi; 2007
226
Who was the 1st female Secretary of State? When? Who followed?
Madeline Albright in ‘97, followed by Rice in ‘05 and Clinton in ‘09
227
Who was the first female VP nominated in a major party? When?
Ferraro, ‘84
228
What movement inspires modern civil rights movements?
The efforts of African Americans
229
What is judicial review?
Review of a case by the Supreme Court
230
How is the First Amendment related to interest groups?
They are able to lobby for whatever causes they want, and they are coffered by the freedom to assemble
231
What’s the 3rd amendment?
No solider quartering
232
What’s the 4th amendment?
Search and seizure
233
What is the 6th amendment?
Speedy trial
234
What is the 7th amendment?
There is a right to trial by jury if the value of a controversy is above $20
235
What is the 10th amendment?
Rights not given to the federal government is are given to the states
236
What is the ninth amendment?
The Constitution cannot be used to deny the rights of others
237
What is unprotected speech?
Speech that incites violence, defamation, advocacy of lawless behavior, etc.
238
What are the types of equality?
1. Social equality
2. Political equality
3. Civil equality
4. Economic equality
5. Equality of opportunity and education
