Unit 5 Chapter 17&18 Flashcards
Define the term: Justice (SCOTUS)
A judge who sits on the Supreme Court
Define the term: Common Law
Law that comes from precedent rather than from laws/statutes
Define the term: Precedents
Previous decisions, usually by higher courts, that guide decision making in future cases
Define the term: Stare Decisis
Literally “to stand by things decided”. It is the principle used that says precedent drives further decisions
Define the term: Natural Law
Laws that exist in the state of nature, usually viewed as God given laws
Define the term: Revealed law
Laws that come from scripture
Define the term: Judicial Federalism
A separation of judicial and state courts
Define the term: District Courts
Federal courts that oversee and can take cases from a specific geographic region. Limited jurisdiction to federal issues only, or cases in which issues cross state lines
Define the term: Original Jurisdiction
The cases which a court has direct authority to try or hear in their courts
Define the term: Grand Jury
A group of people who gather to determine whether or not there is enough evidence to charge someone with a crime. Does NOT determine guilt or innocence
Define the term: petit/trial jury
A jury that determines the outcome of the trial
Define the term: Appellate jurisdiction
Refers to courts that can only hear cases that are appealed, these are the circuit courts
Define the term: Writ of Certiorari
A formal request to have your case heard by the Supreme Court
Define the term: Majority Opinion
The opinion written by the Supreme Court that gives the reasoning behind the decision of the “winning” side
Define the term: Dissenting Opinion
The opinion written by the Supreme Court that gives the reasoning behind why justices voted for the “losing” side
Define the term: Judicial Review
The ability of the courts to determine whether executive action, or legislation from congress violates constitutional rules
Define the term: Judicial Activism
The view that the Constitution needs to be interpreted and applied in light of recent and modern events that the founders could not have envisioned.
Define the term: Judicial Restraint
The view that the Constitution is limited to the original intent of the document, and any changes need to be done through the amendment process given in the constitution itself
Define the term: What is the significance of Marbury V Madison?
Established the doctrine of Judicial Review
Define the term: Establishment Clause
The clause in the 1st Amendment prohibiting the establishment of religion
Define the term: Free exercise clause
The clause in the 1st Amendment that allows people to believe what they with and act on that belief
Define the term: Lemon V Kurtzman
Established the “Lemon Test”
- Secular Legislative Purpose
- Cannot advance or inhibit religion
- Cannot foster an excessive entanglement with religion
What are the limitations to free speech
Speech that: Threatens public safety Threatens to overthrow the Govt. Intends to damage a persons reputation or property Is obscene
Summarized: Anything that presents a clear and present danger
What are the 4 parts of Substantive due process?
Free Speech, Free Press, Freedom of association, Privacy
What are the 4 parts of Procedural Due Process?
Right to fair trial, Presence at your own trial, Taxes are only for public use, Miranda rights
What comes along with rights?
Duties
What are the duties that come along with our rights?
Obeying laws Paying Taxes Serving on a jury Being informed when voting Protecting rights and liberties of others when able
