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30 Cards in this Set
- Front
- Back
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Judicial Review
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Higher courts review of a lower court and also the power of the supreme court to decide whether a law enacted by a legislature is constitutional or not
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Strict Constructionist
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Limits or restricts judicial interpretation
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Writ of Mandamus
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A writ issued by a superior court ordering a public official or body or a lower court to perform a specified duty.
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Civil vs Criminal Cases
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An example of a civil case in a state court would be if a citizen (including a corporation) sued another citizen for not living up to a contract. Held in state and federal level courts. Annnnnd! Criminal case is when nigerians are accused through indictment or information (misdemeanors) and they are held in US Attorney Office
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Standard of Proof - "beyond a reasonable doubt"
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Level of proof demanded or required in a specific case, established by assessing the associated evidence. but beyond a reasonable doubt applies to criminal cases such as murder.
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Number of Justices on the Supreme Court
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Nine ducking justices yo
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Writ of Certiorari
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Extraordinary writ issued by an appellate court in response to a request for the review the judgment of a judicial office, lower court, or tribunal.
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Rule of Four
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If four justices decide that a case is worthy of being heard, the Court will agree to hear it.
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Amicus Curiae Brief
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A brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it.
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Majority opinion, dissenting, and concurring opinion
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Majority explains why they did it
Dissenting is why they believe it is not right Concurring is adding on to the Majority These are given by the justices |
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Civil Rights vs Civil Liberties
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CR - Require Gov Action
CL - Gov Refraining itself from imposing on a person |
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Incorporation Doctrine
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14 th 1868
The incorporation doctrine is the legal theory that allows the Supreme Court to apply the Bill of Rights to the states under the Fourteenth Amendment Due Process and Equal Protection Clauses. |
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Palko v Connecticut
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The double jeopardy prohibition provision included in the Fifth Amendment is not applied to the states through the Fourteenth Amendment.
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Establishment Clause
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Congress can not establish Religion
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Palko V. Connecticut
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The double jeopardy prohibition provision included in the Fifth Amendment is not applied to the states through the Fourteenth Amendment.
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Free Exercise Clause
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Cannot prohibit practicing religion
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Engel V. Vitale (1962)
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Praying in school in New York and they stopped it. Stripping away prayer
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Abington School District v. Schempp
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Bible Reading in Pennsylvania revoked seperation of church and state
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Lemon Test
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Cant have religious purposes
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Brandenburg v. Ohio
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KKK Hate speech but was protected under first amendment in ohio.
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Texas v. Johnson
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Court held that Johnson's burning of a flag was protected expression under the First Amendment.
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Difference between slander and libel
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libel: is the written or otherwise printed public defamation of a person or entity
while slander is the spoken defamation of a person or entity. |
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Libel standard – public vs. private persons
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Public - Actors, famous people like ellen dickgenerous and Based God/Flynt Flossy
Private- Us as in me and you. |
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Roe v Wade
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The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment.
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Webster v. Reproductive Health Services
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In a controversial and highly fractured decision, the Court held that none of the challenged provisions of the Missouri legislation were unconstitutional.
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Mexico City Policy
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Basically the US telling federal funded non-federal government owned facilities to not promote or execute abortions.
United States government policy that requires all non-governmental organizations (NGOs) that receive federal funding to refrain from performing or promoting abortion services as a method of family planning with non-US government funds in other countries. |
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Exclusionary rule
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A law that prohibits the use of illegally obtained evidence in a criminal trial.
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Miranda v. Arizona
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Miranda rights 5th amendment right.
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Freedoms secured the first amendment/Second Amendment
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Umm common sense?
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Due process of law
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It means the government has to do whatever it said it would do.
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