Unit D (the courts) Flashcards
What is the highest court in the federal judiciary?
Supreme Court
What type of jurisdiction allows a court to hear a case for the first time?
original jurisdiction
What type of jurisdiction allows a court to review decisions made by lower courts?
appellate jurisdiction
Which document discusses the role of the judiciary and the concept of judicial review?
Federalist No. 78 (Should be independent from the rest of the gov’t; weakest because they don’t have the purse and the sword (military and money), check on the legislature and protector of the people
What landmark case established the principle of judicial review in 1803?
Marbury v. Madison (John Adams lost the election to jefferson and on the last days in office he appointed many federal judges to try and sway Jefferson political policies. these newly appointed judges received commisions but when Jefferson took office he told his secratray of state to not deliver the rest so marbury went to the supreme court and judicial review was established
What is the power of the courts to invalidate laws that are contrary to the Constitution?
judicial review
What type of law deals with crimes and their punishments?
criminal law
What type of law involves disputes between individuals or organizations?
civil law
What are the trial courts of the federal judiciary called?
federal district courts
What courts hear appeals from the federal district courts?
federal courts of appeals
What is the legal principle that requires courts to follow precedents?
stare decisis
What term refers to the opinion of the majority in a court case?
majority opinion
What is the term for an opinion that agrees with the majority but for different reasons?
concurring opinion
What is the opinion of a judge who disagrees with the majority called?
dissenting opinion
What judicial philosophy emphasizes restraint and deferring to the elected branches?
judicial restraint (when judges limit their power and stick to interpreting the constitution and sticking to precedent
What judicial philosophy advocates for a more active role of the judiciary in policy-making?
judicial activism (judges use their personal views and opinions to make decisions promote individual rights and political fairness)
What is the system in which both federal and state courts exist?
dual court system
What phrase implies that federal judges serve for life unless removed for misconduct?
during good behavior
What are laws enacted by the legislative branch called?
statutes
What type of law is developed through court decisions and precedents?
common law
What are the parties involved in a legal dispute called?
litigants
What term refers to the process of taking legal action?
litigation
What is the legal right to bring a lawsuit called?
standing to sue
What is the order issued by a higher court to review a case called?
writ of certiorari
What is the rule that requires four justices to agree to hear a case?
rule of four
What are issues that can be decided by the courts called?
justiciable questions
What term describes issues that are not appropriate for court resolution?
political questions
What is a brief submitted by someone not directly involved in a case to offer information called?
amicus curiae brief
Fill in the blank: The debate between strict vs. _______ construction pertains to the interpretation of the Constitution.
loose construction (interpretation of the constitution should change based on different social standards and ways of living)
What principle focuses on understanding the original intent of the framers of the Constitution?
original intent (this is the actual intent of the framers and is used often)
What is the judicial philosophy that emphasizes the text of the Constitution as its primary source?
textualism
What term refers to the idea that the Constitution is a living document that evolves over time?
living constitution (the meaning of the constitution changes over time because the world and society is changing
Who served as Chief Justice and is known for establishing the principle of judicial review?
Chief Justice John Marshall (marbury v Madison)
Who served as Chief Justice during a period of significant civil rights advancements?
Chief Justice Earl Warren
What is the difference between civil rights and civil liberties?
Civil rights refer to the government’s responsibility to protect individuals from discrimination, while civil liberties refer to individual freedoms guaranteed by the Constitution.
Civil rights often involve laws and policies that ensure equal treatment, whereas civil liberties are about personal freedoms.
What does the Thirteenth Amendment address?
The Thirteenth Amendment abolished slavery and involuntary servitude in the United States.
Ratified in 1865, it was a significant step towards civil rights.
What is the main purpose of the Fourteenth Amendment?
The Fourteenth Amendment grants citizenship to all persons born or naturalized in the United States and provides equal protection under the law.
Ratified in 1868, it was crucial for civil rights advancements.
What is the equal protection clause?
The equal protection clause is part of the Fourteenth Amendment that prohibits states from denying any person equal protection under the law.
It has been used in many civil rights cases.
What does the Fifteenth Amendment protect?
The Fifteenth Amendment prohibits the federal and state governments from denying a citizen the right to vote based on ‘race, color, or previous condition of servitude.’
Ratified in 1870, it aimed to secure voting rights for African American men.
What is the separate but equal doctrine?
The separate but equal doctrine was a legal principle that justified racial segregation as long as the separate facilities were considered equal.
Established in Plessy v. Ferguson (1896), it was later overturned.
What is legal segregation?
Legal segregation refers to the enforced separation of different racial groups in public and private spaces, sanctioned by law.
This was prevalent in the United States until the civil rights movement.
What is the difference between de jure and de facto segregation?
De jure segregation is segregation enforced by law, while de facto segregation occurs through social norms and practices without legal enforcement.
Both forms of segregation can lead to unequal treatment.
What is affirmative action?
Affirmative action refers to policies that seek to improve opportunities for historically marginalized groups, often in education and employment.
It aims to counteract the effects of past discrimination.
What is a social movement?
A social movement is a collective effort by a group of people to bring about social change.
Civil rights movements are examples of social movements.
What is civil disobedience?
Civil disobedience is the active, professed refusal to obey certain laws or demands of a government, typically as a form of peaceful protest.
It has been used effectively in various civil rights campaigns.
What did the Civil Rights Act of 1964 achieve?
The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin.
It was a landmark piece of legislation in the American civil rights movement.
What is the significance of the Voting Rights Act of 1965?
The Voting Rights Act of 1965 aimed to eliminate barriers to voting for African Americans, particularly in the South.
It was a critical advancement in civil rights legislation.
What does the Nineteenth Amendment guarantee?
The Nineteenth Amendment guarantees women the right to vote in the United States.
Ratified in 1920, it was a significant milestone for women’s rights.
What is Title IX of the Education Amendments of 1972?
Title IX prohibits discrimination based on sex in any educational program or activity receiving federal financial assistance.
It has been vital for promoting gender equality in education.
What is the American Indian Movement?
The American Indian Movement (AIM) is a civil rights organization that advocates for the rights of Native Americans in the United States.
Founded in 1968, it focuses on issues such as sovereignty, treaty rights, and cultural preservation.
What is the Equal Rights Amendment?
The Equal Rights Amendment is a proposed amendment to the U.S. Constitution aimed at guaranteeing equal legal rights for all American citizens regardless of sex.
It has not been ratified but remains a significant topic in the fight for gender equality.
What does the Equal Pay Act of 1963 address?
The Equal Pay Act of 1963 aims to abolish wage disparity based on sex by requiring equal pay for equal work.
It is a key piece of legislation in the fight for gender wage equality.
What is Title VII of the Civil Rights Act of 1964?
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.
It is a fundamental protection for workers against workplace discrimination.
What was the outcome of Bostock v. Clayton County?
Bostock v. Clayton County ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.
This landmark decision expanded protections for LGBTQ+ individuals in the workplace.
What was the significance of Obergefell v. Hodges?
Obergefell v. Hodges was a landmark Supreme Court case that legalized same-sex marriage nationwide in the United States.
Decided in 2015, it was a major victory for LGBTQ+ rights.
What does the Americans with Disabilities Act of 1990 aim to achieve?
The Americans with Disabilities Act of 1990 aims to prevent discrimination against individuals with disabilities in various areas, including employment, public accommodations, and transportation.
It is a key piece of legislation for disability rights.
What is the difference between civil rights and civil liberties?
Civil rights are protections against discrimination, while civil liberties are fundamental freedoms guaranteed to individuals.
What does the Bill of Rights encompass?
The first ten amendments to the United States Constitution.
What is the due process clause?
A constitutional guarantee that a law shall not be unfair or arbitrary.
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 establishment clause?
A clause in the First Amendment that prohibits the government from establishing a religion.
What does the free exercise clause protect?
The right of individuals to practice their religion freely.
What is freedom of expression?
The right to express one’s thoughts and opinions without censorship.
What is the clear and present danger test?
A legal standard used to determine when speech can be limited.
What does prior restraint refer to?
Censorship imposed before a publication or speech occurs.
What is symbolic speech?
Actions that purposefully convey a particular message or statement.
What are libel and slander?
Libel is written defamation, and slander is spoken defamation.
What distinguishes obscenity from pornography?
Obscenity is not protected by the First Amendment; pornography may be protected under certain conditions.
What are ex post facto laws?
Laws that make an act illegal retroactively.
What is a bill of attainder?
A legislative act that singles out an individual or group for punishment without a trial.
What is the writ of habeas corpus?
A legal order requiring a person to be brought before a judge.
What is procedural due process?
The requirement that legal proceedings be conducted fairly.
What is the difference between a search warrant and an arrest warrant?
A search warrant allows law enforcement to search a location, while an arrest warrant allows for the arrest of an individual.
What does probable cause mean?
A reasonable belief that a person has committed a crime.
What is the exclusionary rule?
A legal principle that prohibits the use of illegally obtained evidence in court.
What is a grand jury?
A group that determines whether there is enough evidence to charge someone with a crime.
What is double jeopardy?
The legal principle that prevents a person from being tried for the same offense twice.
What are Miranda rights?
Rights that must be read to a suspect upon arrest, informing them of their rights.
What is bail?
A sum of money used as a security deposit to ensure that an accused person returns for their trial.
What does the Fourteenth Amendment address?
It addresses citizenship rights and equal protection under the law.
What does ‘peaceably assemble’ refer to?
The right to gather in groups for peaceful purposes.
What are time, place, and manner restrictions?
Regulations that govern when, where, and how speech can occur.
What is expressive association?
The right to associate with others for expressive purposes.
What is the right to bear arms?
The Second Amendment right allowing individuals to possess weapons.
What constitutes cruel and unusual punishment?
Punishment that is considered inhumane or disproportionate to the crime.
What is the right to privacy?
The right of individuals to keep their personal information and life private.
