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29 Cards in this Set
- Front
- Back
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Supreme Court hears how much of percentage of all cases
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less than 1%
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what is the rule of four
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in order for court to hear case, four judges must agree on writ of certiorari
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what is a concurring opinion
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agree with majority but different from those stated in the majority opinion
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what's after SC
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US district courts who have general jurisdiction (wide range of topics)
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if don't agree with district court can appeal to
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US court of appeals, apellate court
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US appellates courts dont consider ______ only consider _______
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evidence, legal errors or unwarranted judgement
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what is senatorial courtesy
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power of senate in one's nomination federal judge state to veto nomination, but majority party in Senate can derail
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what is judicial review
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the power to determine what is and what isn't constitutional
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Marbury v Madison (1803)
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set judicial review in place
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Roe v Wade
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restriciton of multiple states on abortion in the first trimester were annulled.
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what is the broad approach
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interpret the COnstitution in light of its underpinning principles
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what is strict construction
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approach that reads the Constitution literally
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Judicial Branch and SC
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not checked to the extent that powers of other governmental branches are
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what are civil liberties
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those freedoms guaranteed to us by the consitution
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what are civil rights
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privileges and powers granted to people as equals under the law
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Lemon v Kurtzman (1917)
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provided courts and interest groups to determine their activity constitutional...
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Agostini v Felton (1997)
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first amendment only to government neutrality toward religion
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Lynch v Donnelly (1984)
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religious display appropriate at school
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Engel v Vitale (1962)
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struck down prayer
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clear and present danger
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provacative words are more strictly censored if at time of war
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freedom of the press - newspapers ect.. can be prosecuted for Libel -
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defamation of a person in writing
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New York Times v Sullivan (1964)
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false statements about officials were protected unless one one could prove malice.
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NYT v Washington, NYT v US
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pubic interest outweighed protected of
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gag orders
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prevent news about a trial from being published or disseminated
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2 Amendment
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right to bear arms
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Gideon v Wainright (1963)
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Court required legal counsel to be made available to all defendants
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5 Amendment
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can't compell someone to testify against oneself
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Mapp v Ohio ()
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Exclusionary Rule - illegaly evidence not used against defendant
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Patroit Act
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expanded govt ability to put americans under surveillance and to monitor internet and telephone comms within the country
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