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93 Cards in this Set

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The power of courts to declare unconstituional the actions of the other branches and units of government.
Judicial Review
The doctrine of constitutional interpretation holding the document should be interpreted narrowly
Strict construction
The doctrine of constitutional interpretation holding the document should be interpreted broadly
Loose Construction
An interpretation of the Constitution that favors limiting the authority of the federal government while expanding the powers of the states.
State's Rights
A legislative package of reform measures porposed by President Franklin Roosevelt.
New Deal
Legal provisions requiring the social segration of African Americans in seperate and generally unequal facilites.
Jim Crow Laws
Are the personal rights and freedoms that the government cannot abridge, either by law, constitution, or judicial interpretation.
- They place limitation on the power of government to restrain or dictate how individuals act
- Civil liberties are found in the Bill of Rights
- The first ten amendments to the Constitution.
or
The protection of the individual from the unrestricted power of government.
Civil Liberties
The protection from the individual from arbitrary or discriminatory acts by government or by individuals based in that person's group status, such as race and gender
Civil Rights
the judicial doctrine stating that when the police violate an individual's constitutional rights, the evidence obtained as a result of police misconduct or error cannot be used against the defendant.
Weeks vs. United States
Exclusionary Rule
The legal concept that individuals cannot sue the government without the government's permission.
Sovereign Immunity
The provision found in the fourteenth Amendment of the U.S. Constitution that declares that "No State shall...deny to any person within its jurisdiction the equal protection of the laws".
Equal Protection Clause
The formal examination of a judicial dispute in accordance with law before a single judge.
Trial
The taking of a case from a lower court to a higher court by the losing party in a lower court decision.
Appeal
The authority of a court to hear and decide a case
Jurisdiction
A legal dispute concerning a private conflict between two parties; individuals,
corporations,or government agencies.
Civil Case
A legal dispute dealing with an alleged violation of a penal law.
Criminal Case
A court order requiring that government authorities either release a person held in custody or demonstrate that the person is detained in accordance with law.
Writ of Habeas Corpus
The custom that senators from the president's party have a veto on judicial appointments from their states.
Senatorial Courtesy
A written legal argument
Legal Brief
To uphold a lower court decision
Affirm
To return a case to the trial court for reconsideration in light of an appeals court decision.
Remand
The set of cases a court may hear as a trial court. First hearing or trial
Original Jurisdiction
Lawsuits inititated to assess the constitutionally of a legislative or executive act.
Test Cases
A process whereby an indignet litigent can appeal a case to the Supreme Court without paying the usual fees.
In Forma Pauperis
A closed meeting of the justices of the Unted States Supreme Court
Conference
A decision process used by the Supreme Court to determine which cases to consider on appeal, holding that the court will hear a case if four of the nine justices agree to review.
Rule of Four
The technical term for the Supreme Court's decision to hear argument's and make a ruling in a case.
Certiorari
An unsigned opinion of the Supreme Court
Per Curiam Opinion
Written legal arguments presented by parties not directly involved in the case, including interest groups and units of government.
Amicus Curiae or Friend of the Court Briefs
The official written statment of the Supreme Court that explains and justifies its ruling and serves as a guideline for lower courts when similar legal issues arise in the future
Majority Opinion
A judicial statement that agrees with the Court's ruling but disagrees with the reasoning of the majority opinion
Concurring Opinion
A judicial statement that disagrees with the decision of the courts majority
Dissenting Opinion
Law that is written by the legislature
Statutory Law
Law that involves the interpretation and application of the Constitution.
Constitutional Law
A federal law designed to end discrimination against persons with disablities and eliminate barriers to their full participation in American Society
American with Disabilities Act (ADA)
The power of an executive to veto sanctions or items if a tax or appropriation measure while signing the remainder of the bill into law
Item Veto
A constitutional document guaranteeing individual rights and liberties. In the United States national government, the Bill of Rights is the first ten amendments to the Constitiution.
Bill of Rights
The process through which the U.S. Supreme Court has interpreted the Due Process Clause of the Fourteeth Amenedment to the U.S. Constitution to apply most of the provisions of the national Bill of Rights to the States.
Selective Incorporation of the Bill of Rights
A constitutional right that is so important that government cannot restrict it unless it can demonstrate a compelling or overriding public interest for so doing.
Fundamental Right
Administrative rules adopted by regulatory agencies.
Administrative Laws
An educational reform aimed at improving the quality of schools by allowing parents to select the school their children will attend
Parental Choice
A legislative measure that increases penalties for persons convicted of criminal offenses motivated by prejudice based on race, religion, national origin, gender or sexual orientation.
Hate Crimes Law
False written statements that lower a person's reputation or expose a person to hatred, contempt, or ridicule
Libel
Government action to prevent the publication of objectionable material
Prior restraint
The constitutional principle holding that government must follow fair and regular procedures in actions that could lead to an individual's suffering loss of life, liberty, or property
Due Process of Law
An official authorization issued by a judicial officer
Warrant
The judicial doctrine stating that when the police violate an individul's constitutional rights, the evidence obtained as a result of police misconduct or error cannot be used against the defendents.
Exclusionary Rule
The reasonable suspicion based on evidence that a particular search will uncover contraband
Probable Cause
A mistake by a trial court not serious to justify a new trial because the mistake could not have affected the outcome of the original trial
Harmless Error
A mistake by a trial court serious enough to justify a new trial because the mistake could have affected the outcome of the original trial.
Reversible Error
The government trying a criminal defendent a second time for the same offense after an acquittal in an earlier prosecution
Double Jeopardy
The death penalty
Capital Punishment
Prohibits the adoption of laws interferring with the free exercise of religion. The constitutional amendment that establishes the four great liberties; freedom of the press, speech, and of religion and of assembly.
- Engel vs. Vitale
- Employment division vs. Smith
First Amendment
The 1962 Supreme Court decision held that the daily recitation of prayer in public schools violates the First Amendment.
Engel v. Vitale
A first Amendment provision that prohibits government from interferring with the practice of religion. Religious practice is not protected absolutely. Court upheld state laws banning
- Snake handling
- Use of illegal drugs
- Polygamy
Cases:
* Wisconsin vs.Yoder
* Church of Lukumi Babbah Aye vs. City of Hialeah
Free exercise clause
Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.
- Furman vs. Georgia
- Gregg vs. Goergia
- McClesky vs. Kemp
- McClesky vs. Zant
Atkins vs. Virginia
Cruel and Unusual Punishment
The Constitutional Amendment adopted after the Civil War that states, "No state shall make or enforce any law which shall abridge the priveleges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
- Gitlow vs. New York
Fourteeth Amendment
Nonverbal communication, such as burning a flag or wearing an armband
Symbolic Speech
The 1971 Supreme Court decision that aid to church related schools must (1) have a secular legislative purpose (2)have a primary effect that neither advances nor inhibits religion (3) not foster excessive government entanglement with religion.
- Free Exercise Clause
Lemon v. Kurtzman
The 1973 Supreme Court desion held that states could not prohibit abortion in the first two trimesters of preganancy.
Roe v. Wade
The 1963 Supreme Court ruled that states must provide attorneys for indigent defendents charged with serious crimes
Gideon v. Wainwright
The 1973 Supreme Court reiterated that obscene expression is not protected by the First Amendment and attempted to refine its legal disegard for the truth.
Miller v. California
Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Both probable cause and a search warrant are required for legal and proper search for a seizure of incriminating evidence
Unreasonable searches and seizures
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteeth Amendment
Incorporation Doctine
Decided in 1964, the Supreme Court established that for a public official to recover damages to defamation, he or she must prove that the statements were made with "actual malice" or reckless disregard for the truth.
New York Times v. Sullivan
The 1961 Supreme Court decision extended the exclusionary rule to the states.
Mapp v. Ohio
The 1966 Supreme Court held that police must observe adequate procedural safeguards to ensure that any statment made by a person accused of a crime is obtained "voluntarily, knowingly, and intelligently"
Miranda v. Arizona
The 1931 Supreme Court decision struck down a Minnesota law that permitted prior restraint against materials that were defamatory of obscene.
Near v. Minnesota
A landmark case decided in 1824 in which the Supreme Court overturned a New York law establishing a steamboat monopoly as an infringement of the federal government's power to regulate interstate commerce.
Gibbons v. Ogden
The 1819 Supreme Court decision that struck down a Maryland tax on the national bank and gave broad scope to federal authority under the Constitution
McCulloch v. Maryland
The 1803 Case in which Chief Justice John Marshall first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decsion established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.
Marbury V. Madison
The 1896 Supreme Court decision that upheld the segragationist laws known as Jim Crow laws.
Plessy V. Ferguson
The 1857 Supreme Court declared the Missiouri Compromise unconstitutional and held that the federal government had no power to prohibit slavery in the territories.
Dred Scott v. Sandford
The 1954 Supreme Court decision overturned Plessy v. Ferguson by striking down laws requiring school segration
Brown v. Board of Education of Topeka
The U.S. Supreme Court assumed the authority to review the decisions of state's courts on quesions involving federal law.
Martin V. Hunter's Lessee
The U.S Supreme Court held that the Constitution protected private contracts from legislative infringement
Dartmouth College v. Woodward
Based on an interpretation of the Fourteeth Amendment's Equal Protection Clause, The US Supreme Court halted a recount of ballots on Florida in the 2000 presidential election, thereby ensuring a Bush victory over Gore.
Bush v. Gore
The Supreme Court set a test for determining the constitutionality of state aid to parochial schools. Aid that serves a public purpose is constitutional; aid that serves a religios purpose is not.
Everson v. Board of Ewing Township
The Supreme Court abandoned the compelling state interest standard for general laws that have an incidental impact on religious practice.
Employment Division v. Smith
The Supreme Court devises "direct indictment test". Advocacy of illegal action can only be punished if there is a likelihood of immenant harm.
Brandenburg v. Ohio
The Supreme Court declared the death penalty as then applied, was unconstitutional because it allowed too much discretion
Furman V. Georgia
The 1976 Supreme Court decision ruled that the death penalty is not inherently unconstitutional.
Gregg v. Georgia
The Supreme Court struck down Texas sodomy law, which criminalized private, consensual conduct between two adults of the same gender
Lawrence v. Texas
False spoken language that tends to damage the reputation of another and that does not receive constitutional protection by the First Amendment is called?
Slander
Guarantees the “right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
Fourth Amendment
Prevents self-incrimination. Prohibits double jeopardy, which involves the government trying a criminal defendant a second time for the same offense after an acquittal in the first trial. (Miranda vs. Arizona)
Fifth Amendment
Guarantees defendants a fair trial. The Right to counsel.
(Gideon vs. Wainwright)
Sixth Amendment
Prohibits cruel and unusual punishment.
- Furman vs. Georgia
- Gregg vs. Georgia
- McClesky vs. Klemp
- McClesky vs. Zant
- Atkins vs. Virginia
Eighth Amendment
Refers to cases the Court can hear on appeal from a lower court. To hear an appeal of the trial court decision.
Appellate Jurisdiction
- Bob Jones University vs. United States
- Goldman vs. Weinberger (1986)
- Employment Division vs. Smith (1990)
Freedom of Religion
- Schenck vs. United States
The government can restrict political expression only if it has been a compelling interest that can’t be achieved by less restrictive means like expression deemed a threat to national security and public order which presents a “Clear and Present Danger Rule”
Congress allowed to restrict speech that would cause a “Clear and Present Danger” to Society
- Brandenburg vs. Ohio
Court devises “direct indictment test”
Advocacy of illegal action can only be punished if there is a likelihood of imminent harm
Anti-government Speech
The Supreme Court has held that the First Amendment does not protect obscenity. To be legally obscene, the material must depict or describe sexual conduct;
- Roth vs. Unites States (1957)
Obscene material is utterly redeeming social value. It must appeal to prurient interest when applying contemporary community standards.
- Miller vs. California
Obscene material contains potentially offensive sexual conduct and lacks serious literary, artistic, political, or scientific value
(The LAPS test)
Obscenity and Pornagraphy
- Something is arrested
- Something is in plain view of the accused
- Something or someplace is in immediate control of the accused
Consent to search is given by roommates or other household members
Police can search without warrant when...