unit 3

Question 1

judicial review

Answer 1

review by scotus of the constitutional validity of a legislative act

Question 2

original jurisdiction

Answer 2

power to hear a case for first time

Question 3

appellate jurisdiction

Answer 3

higher court has power to review a lower court’s decision

Question 4

stare decisis

Answer 4

to stand by that which is decided; precedent

Question 5

judicial activism

Answer 5

• loose interpretation of a constitution
• judges should discern general principles underlying laws/the constitution and apply them to modern sit
• favored by democrats

Question 6

judicial restraint

Answer 6

• strict interpretation of const
• judges should decide cases strictly by lang. of laws/const
• favored by repub

Question 7

scotus election process

Answer 7

1. pres nominates
2. confirmation hearings by senate judiciary committee then vote
3. vote (entire senate). simple majority can confirm or reject a nominee

Question 8

types of opinions

Answer 8

• unanimous
• majority
• concurring -> agrees w majority but not for same reasons
• dissenting -> disagreeing w majority opinion

Question 9

how do other branches limit scotus power

Answer 9

• presidential pardons
• judicial appts and nom
• congressional legisl changing prior court decisions
• const amendments
• pres and states can ignore scotus decisions
• congress can alter number of judges and create legisl to impact court jurisdiction

Question 10

civil liberties

Answer 10

constitutionally established guarantees and freedoms that protect citizens, opinions, property, against arbitrary govt interference

Question 11

wall of separation

Answer 11

govt cannot be involved w religion

Question 12

free-exercise clause

Answer 12

no law can prevent free exercise of religion

Question 13

establishment clause

Answer 13

congress shall make no law respecting an establishment of religion

Question 14

symbolic speech

Answer 14

an act that conveys a political message

Question 15

clear and present danger test

Answer 15

law should not punish speech unless there is an imminent threat of producing harmful actions from the speech

Question 16

prior restraint

Answer 16

a form of censorship that allows the government to review the content of printed materials and prevent their publication.

Question 17

selective incorporation

Answer 17

states cannot enact laws that take away from the constitutional rights of citizens that are enshrined in the bill of rights.

Selective incorporation refers to the case-by-case approach of deciding which portions of the Bill of Rights apply to states. Incorporation doctrine refers to the general concept that states cannot deny citizens protections mentioned in the Bill of Rights.

Question 18

equal protection clause

Answer 18

right to be treated w out unreasonable or unconstitutional difference

Question 19

due process clause

Answer 19

protects individs from arbitrary govt actions against life, liberty, property, w out due process of law

Question 20

miranda rule

Answer 20

due process rights; requires that suspects be informed of their Fifth and Sixth Amendment rights “prior to interrogation” if their statements are to be used against them in court.

Question 21

exclusionary rule

Answer 21

illegally obtained evidence may not be used in a criminal trial

Question 22

civil rights act 1964

Answer 22

prohibits discrimination on basis of race, color, religion, sex, or national origin

Question 23

tital ix of education amendments act 1972

Answer 23

no discrimination on basis of sex in fed funded education program or activity including sports

Question 24

voting rights act 1965

Answer 24

outlawed discriminatory voting practices like literacy tests

Question 25

affirmative action

Answer 25

a program designed to increase minority participation in some institutions by taking pos steps to appoint more minority group members