Civil Lib Review 1

Front 1

Civil Liberties

Back 1

fundamental freedoms granted by the U.S. Constitution (Bill of Rights) 14th amendment

Front 2

Civil Rights

Back 2

whenever the gov't takes steps to formalize or reinforce your civil liberties

Front 3

Brown v ford

Back 3

Freedom of expression; not to be discriminated against

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jurisprudence

Back 4

any type of legal scholarship
"any written publication"

Front 5

jusicial opinions

Back 5

form of jurisprudence; expressed by judicial branch of government

Front 6

Socratic Method

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To teach by asking questions vs.lecture

Front 7

#3 branches of gov't

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a) executive
b) legislative
c) judicial

Front 8

Article I of US constitution establishes which branch of gov't?

Back 8

Legislative

Front 9

Article II establishes which branch of gov't?

Back 9

executive

Front 10

Article III establishes which branch of gov't?

Back 10

judicial

Front 11

Advocacy

Back 11

someone who represents a specific party

Front 12

Marbury v. Madison

Back 12

this supreme court opinion gaine power of "juducial review" (check & balances)

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14th Amendment

Back 13

Civil War Amendmentst

Front 14

Article VI

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supremacy clause; gives federal law power over state law

Front 15

#3 sources of Federal Law

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1) passing legislature
2) executive orders
3) judicial opinions

Front 16

Who are ArtIII judges?

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1) US Supreme Court

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2 Stage Impeachment process

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1)H/R requires a simple majority 51% (218/435)
2) Senate "conviction" 2/3 super majority (67/100)

Front 18

Who were the only #2 Pres. impeached?

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1) Andrew Johnson
2) Bill clinton

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perjury

Back 19

when someone lies in an official court preceding

Front 20

#1 offense defined in ArtIII?

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Treason

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jurisdiction

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ability of a court to hear certain class of cases

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real property

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things that are tangible and can be owned

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Intellectual property

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patents or ideas of the mind

Front 24

ArtI courts

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tax court, bankruptcy ct, "courts of limited jurisdiction

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judicial branch

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interprets the law(Defacto law)

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Texas, Louisiana, & Mississippi are in the ______th circuit of the US court of appeals

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5th

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Txas has #_ dedicated district courts

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4

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The Judiciary Act of 1789

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establishes the 3 tier structure of the judiciary system

Front 29

What is the 3 tier structure of the judiciary system compose of?

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1)Supreme Court
2) Appellate court
3) trial court

Front 30

US is a constitutional _____?

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Republic

Front 31

10th Amendment establishes

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states rights

Front 32

What are the 3 State Police powers?

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1) Public health of state citizens
2) Public Safety of state citizens
3) General Welfare of state citizens

Front 33

# 3 sources of Legislature for federal courts

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1) Art III
2) Judiciary Act 1789
3) Art VI

Front 34

Writ of Certiori

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A formal request asking the supreme court to hear your case

Front 35

Who are are the current #2 senators of Texas?

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1) Kay Bailey Hutcheinson
2) Korning

Front 36

The no demunition clause

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ART II SectI states that Art III judges can never have a pay decrease

Front 37

Martin v. Hunter Lessee

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case that involved the interpretation of US treaty

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recusal doctrine

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when a judge removes him or herself from a case inorder to avoid conflict of interest

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quorom requirement

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set # of people that have to be present in order to hear a case

Front 40

#5 methods of Constitutional Interpretation

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1) literalism
2) natural law
3) historical development
4) national concensus
5) eclecticism

Front 41

Bill Of Rights

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1st 10 amendments-basis of all civil liberties & rights that we enjoy today

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5th Amendment

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made Fed. gov't maintain our civil rights

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bench trial

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where a judge serves dual role of tryer of law & tryer of facts

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Literalism

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strict constrictivist;word for word meaning of the constitution

Front 45

natural law

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says that you have certain freedoms that come from a higher power of Nature & God.

Front 46

Historical Development

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(stari decisis); looking @ previous decisions

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National Concensus

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public opinion

Front 48

eclecticism

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diverse or all encompassing; looks at an issue and analyzes it using some or all of the other approaches

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bill of attainder

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to punish without due process

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expost facto law

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an attempt by gov't to punish you for something before the law is in effect