Unit 3-Judicial Branch and Civil Liberties and Civil Rights Flashcards
What is a concurring opinion?
An opinion that agrees with the majority’s conclusion but for different reasons.
What is a dissenting opinion?
An opinion that disagrees with the majority’s decision.
What does ‘good behavior’ refer to in a judicial context?
The standard for judges to maintain their positions.
What is judicial activism?
The practice of judges making rulings based on personal or political considerations.
What is judicial restraint?
The practice of judges limiting their own power by avoiding the overturning of laws.
What is judicial review?
The power of courts to assess whether a law is in compliance with the Constitution.
What is the difference between original and appellate jurisdiction?
Original jurisdiction refers to the authority to hear a case for the first time, while appellate jurisdiction refers to the authority to review a lower court’s decision.
What is a litigant?
A person involved in a lawsuit.
What is a litmus test?
A test of ideological purity used to determine a candidate’s suitability for a position.
What is a majority opinion?
The official statement of the court that reflects the views of the majority of justices.
What is precedent?
A legal decision that serves as an example or rule for future cases.
What is stare decisis?
The legal principle of determining points in litigation according to precedent.
What is a writ of certiorari?
An order by a higher court to review the decision of a lower court.
What is affirmative action?
Policies that take factors such as race or gender into account to benefit an underrepresented group.
What is the Bill of Rights?
The first ten amendments to the United States Constitution, guaranteeing individual rights.
What is majority-minority districting?
The practice of drawing electoral district boundaries to create districts where the majority of voters are from a minority group.
What are civil liberties?
Individual rights protected by law from unjust governmental or other interference.
What is the Miranda rule/warnings?
The requirement that individuals taken into police custody must be informed of their rights.
What are civil rights?
The rights of citizens to political and social freedom and equality.
What is the National Organization for Women (NOW)?
An American feminist organization founded in 1966 to advocate for women’s rights.
What is the Civil Rights Act of 1964?
A landmark piece of legislation that outlawed discrimination based on race, color, religion, sex, or national origin.
What is obscenity?
Material that is considered offensive or indecent, often subject to legal restrictions.
What was the Civil Rights movement?
A struggle for social justice that took place mainly during the 1950s and 1960s to end racial discrimination.
What is the USA PATRIOT Act of 2001?
Legislation aimed at enhancing law enforcement’s ability to prevent terrorism.
What is the clear and present danger doctrine?
A legal standard used to determine when speech can be limited.
What is a poll tax?
A fee required to vote, historically used to disenfranchise poor and minority voters.
What is a compelling state interest?
A legal concept that allows the government to infringe on individual rights if necessary for a significant public purpose.
What is prior restraint?
Government action that prohibits speech or other expression before it can take place.
What constitutes cruel and unusual punishment?
Punishment that is considered inhumane or degrading.
What is the Pro-choice movement?
A social movement advocating for a woman’s right to choose to have an abortion.
What is de facto segregation?
Segregation that occurs in practice but not mandated by law.
What is the Pro-life movement?
A social movement opposing abortion and advocating for the rights of the unborn.
What is de jure segregation?
Segregation that is enforced by law.
What is the public safety exception?
An exception to the Miranda rule allowing law enforcement to question a suspect without warnings if public safety is at risk.
What is the death penalty?
The legal punishment of execution for a crime.
What is racial classification?
The categorization of individuals based on their race.
What is racial gerrymandering?
The practice of drawing district boundaries to favor one racial group over another.
What is defamation?
The action of damaging the good reputation of someone; slander or libel.
Libel refers to written defamation, while slander refers to spoken defamation.
What is double jeopardy?
The legal principle that a person cannot be tried twice for the same offense.
What is the due process clause?
A constitutional guarantee that a law shall not be unfair, arbitrary, or unreasonable.
What is eminent domain?
The right of a government to take private property for public use, with compensation.
What is the equal protection clause?
A provision in the Fourteenth Amendment that requires states to treat all individuals equally under the law.
What is the establishment clause?
A clause in the First Amendment prohibiting the establishment of religion by Congress.
What is the exclusionary rule?
A legal rule that prohibits the use of illegally obtained evidence in a court of law.
What is the free exercise clause?
A provision in the First Amendment that protects citizens’ rights to practice their religion freely.
What is a grand jury?
A jury that examines evidence and determines whether there is enough to indict a suspect.
What is the grandfather clause?
A provision that allows an old rule to continue to apply to certain existing situations while a new rule will apply to all future cases.
What is hate speech?
Speech that attacks or discriminates against a person or group based on attributes such as race, religion, or sexual orientation.
What is an impartial jury?
A jury that is unbiased and fair, ensuring a fair trial.
What is an indictment?
A formal charge or accusation of a serious crime.
What is an injunction?
A judicial order that restrains a person from beginning or continuing an action.
What were Jim Crow laws?
State and local laws that enforced racial segregation in the Southern United States.
What is libel?
A written defamatory statement.
What is the right to privacy?
The right to be free from intrusion into one’s personal life.
What is a search warrant?
A legal document authorizing a police officer to enter and search premises.
What is secular?
Not connected with religious or spiritual matters.
What is selective incorporation?
The process by which certain rights in the Bill of Rights are applied to the states through the Fourteenth Amendment.
What is the separate but equal doctrine?
A legal doctrine that justified racial segregation as long as the separate facilities were considered equal.
What is slander?
The action of making a false spoken statement damaging to a person’s reputation.
What is a speedy and public trial?
The right to a trial that is conducted without unnecessary delay and is open to the public.
What is strict scrutiny?
The highest standard of review used by courts to evaluate the constitutionality of governmental discrimination.
What is symbolic speech?
Actions that purposefully and discernibly convey a particular message or statement to those viewing it.
What are time, place, and manner regulations?
Rules that govern when, where, and how expression can occur, often applied to free speech.
What is Title IX of the Education Amendments Act of 1972?
A federal law that prohibits sex-based discrimination in any school or educational program that receives federal funding.
What is unreasonable search and seizure?
Searches and seizures that are conducted without a warrant and are not justified by probable cause.
What is the USA Freedom Act of 2015?
A law that aimed to reform the government’s surveillance practices and limit the bulk collection of phone records.
What is the Voting Rights Act of 1965?
A landmark piece of federal legislation that prohibits racial discrimination in voting.
What is the Women’s Rights movement?
A social and political movement advocating for the rights and equality of women.
