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50 Cards in this Set

  • Front
  • Back
Civil Liberties
fundamental freedoms granted by the U.S. Constitution (Bill of Rights) 14th amendment
Civil Rights
whenever the gov't takes steps to formalize or reinforce your civil liberties
Brown v ford
Freedom of expression; not to be discriminated against
jurisprudence
any type of legal scholarship
"any written publication"
jusicial opinions
form of jurisprudence; expressed by judicial branch of government
Socratic Method
To teach by asking questions vs.lecture
#3 branches of gov't
a) executive
b) legislative
c) judicial
Article I of US constitution establishes which branch of gov't?
Legislative
Article II establishes which branch of gov't?
executive
Article III establishes which branch of gov't?
judicial
Advocacy
someone who represents a specific party
Marbury v. Madison
this supreme court opinion gaine power of "juducial review" (check & balances)
14th Amendment
Civil War Amendmentst
Article VI
supremacy clause; gives federal law power over state law
#3 sources of Federal Law
1) passing legislature
2) executive orders
3) judicial opinions
Who are ArtIII judges?
1) US Supreme Court
2 Stage Impeachment process
1)H/R requires a simple majority 51% (218/435)
2) Senate "conviction" 2/3 super majority (67/100)
Who were the only #2 Pres. impeached?
1) Andrew Johnson
2) Bill clinton
perjury
when someone lies in an official court preceding
#1 offense defined in ArtIII?
Treason
jurisdiction
ability of a court to hear certain class of cases
real property
things that are tangible and can be owned
Intellectual property
patents or ideas of the mind
ArtI courts
tax court, bankruptcy ct, "courts of limited jurisdiction
judicial branch
interprets the law(Defacto law)
Texas, Louisiana, & Mississippi are in the ______th circuit of the US court of appeals
5th
Txas has #_ dedicated district courts
4
The Judiciary Act of 1789
establishes the 3 tier structure of the judiciary system
What is the 3 tier structure of the judiciary system compose of?
1)Supreme Court
2) Appellate court
3) trial court
US is a constitutional _____?
Republic
10th Amendment establishes
states rights
What are the 3 State Police powers?
1) Public health of state citizens
2) Public Safety of state citizens
3) General Welfare of state citizens
# 3 sources of Legislature for federal courts
1) Art III
2) Judiciary Act 1789
3) Art VI
Writ of Certiori
A formal request asking the supreme court to hear your case
Who are are the current #2 senators of Texas?
1) Kay Bailey Hutcheinson
2) Korning
The no demunition clause
ART II SectI states that Art III judges can never have a pay decrease
Martin v. Hunter Lessee
case that involved the interpretation of US treaty
recusal doctrine
when a judge removes him or herself from a case inorder to avoid conflict of interest
quorom requirement
set # of people that have to be present in order to hear a case
#5 methods of Constitutional Interpretation
1) literalism
2) natural law
3) historical development
4) national concensus
5) eclecticism
Bill Of Rights
1st 10 amendments-basis of all civil liberties & rights that we enjoy today
5th Amendment
made Fed. gov't maintain our civil rights
bench trial
where a judge serves dual role of tryer of law & tryer of facts
Literalism
strict constrictivist;word for word meaning of the constitution
natural law
says that you have certain freedoms that come from a higher power of Nature & God.
Historical Development
(stari decisis); looking @ previous decisions
National Concensus
public opinion
eclecticism
diverse or all encompassing; looks at an issue and analyzes it using some or all of the other approaches
bill of attainder
to punish without due process
expost facto law
an attempt by gov't to punish you for something before the law is in effect