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68 Cards in this Set
- Front
- Back
- 3rd side (hint)
Plessy v. Ferguson
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Advanced "Separate But Equal"
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opposite of Brown v. Board
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Brown v. board
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(desegregation) made it unconstitutional for there to be separate public schools for black and white kids
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Roe v. Wade
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Struck down anti-abortion laws in the 1st trimester because it violated a woman's constitutional right to privacy between her and her doctor
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Roe Roe Roe your baby...
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Gideon v. Wainwright
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Court will appoint a defense attorney (lawyer) for free if you can't afford one
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Gideon=GiveYouOne
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Miranda v. Arizona
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(plead the 5th) police must inform suspects of their right not to answer any question (self-incrimination)
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Mapp v. Ohio
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Exclusionary Rule---evidence obtained by a police search in violation of the 4th amendment
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Roth v. United States
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Sexual Obscenity is not constitutionally protected speech
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New York Times v. Sullivan
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Libel and slander are NOT protected if statements are knowingly false or purposely malicious
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Scheneck v. U.S.
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Clear And Present Danger (not protected speech)
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Nix v. Williams
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Inevitable Discovery
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Incorporation Theory
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The idea that the entire bill of rights should apply to the States
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Selective Incorporation is the reality
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Selective Incorporation
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The reality that the Supreme Court has yet to incorporate all of the bill of rights protections for the states
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Gibbons v. Ogden
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power to regulate INTERSTATE COMMERCE granted to Congress encompassed the power to regulate navigation
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Marbury v. Madison
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Judicial Review
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What to do?.....
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McColloch v. Maryland
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National Supremacy
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Process of Court Rulings
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Briefs
Oral Arguments The Conference Writing Opinions |
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Amicus Curiae
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..parties NOT INVOLVED WITH THE CASE can also file a brief in support of one of the partiers to the case..
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Senatorial Courtesy
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An unwritten tradition that the Senate will not confirm nominations for lower court positions that are opposed by a senator of the president's own party from the state with the nominee will serve
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This causes the Senate to have more power than the president when appointing lower court judges
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Writ of Certiorari
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The Supreme Court orders a lower court to send up their records for review of the case
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Plea-Bargaining
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Pleading guilty for a lesser crime; serve less time
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9th Amendment
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Implied Right: Rights not listed are not NECESSARILY DENIED to the American people simply because they aren't listed in the bill of rights
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10th Amendment
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Reserved Powers: " power not delegated to the United States or denied to the States shall therefore be reserved for the states..."
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14th Amendment
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Bill of rights also applies to STATE GOVTS.
-states can't infringe upon civil liberties -states can't deny due process of law -laws must protect everyone equally |
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Gitlow v. New York
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SELECTIVE INCORPORATION
The Supreme Court ruled that First Amendment protections of free speech must also apply to the States |
connected to 14th amendment
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Writs of Habeas Corpus
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Call for a prisoner to be brought before a judge to explain why they cannot be released
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"Sorry bro, you ain't goin nowhere.."
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No Ex Post Facto Laws
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You can't be charged with a crime if a law has passed making your actions illegal after the fact
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Affirmative Action
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action or policy favoring those who tend to suffer from discrimination especially in relation to employment or education; positive discrimination
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Engel v. Vitale
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It's unconstitutional for public schools to start the day with a non-denomination prayer because it in fringes upon the Establishment Clause
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Statutes
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laws that are actually passed by the US Congress, etc.
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opposite of Case/Common Law
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Case/Common Law
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The accumulation of court cases that contribute to what acts are lawful and unlawful in America [SETS THE PRECEDENT]
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Solicitor General
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represents the U.S. whenever the U.S. govt. is a party to a case before the Supreme Court
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Right to Speedy and Public Trial
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TRIAL BY JURY--NOT A JUDGE
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No Bills of Attainer
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You can't have a legislative act that punishes people without first having a trial in court
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Prior Restraint
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CENSORSHIP
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In U.S. law, the first amendment severely limits govts. ability to do this (UNCONSTITUTIONAL) |
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Lemon v. Kurtzman
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aid to religiously affiliated schools
-must be used for a SECULAR PURPOSE -CANNOT ADVANCE RELIGION -must avoid "excessive govt. entanglement with religion" |
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California v. Miller
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Defines sexual obscenity:
-average person finds it distasteful |
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Adversarial System
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Two advocates represent their parties positions before a judge or jury, as they attempt to determine the truth of a case
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Appellate Jurisdiction
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power of a court to review decisions and change outcomes of decisions of lower courts
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Civil Law
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concerned with private relations between members of a family rather than criminal, military, or religious cases
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Concurring Opinion
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a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court...
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Defendant
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The litigant who is ACCUSED in a court of law
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Due Process
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Fair treatment through the normal judicial system, especially as a citizen's entitlement
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Judicial Activism
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Judicial branch ENFORCING their policies,
-judicial rulings based on personal or political considerations rather than on existing law (they take it upon themselves) |
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Indictment
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a formal accusation of wrong-doing
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Federal District Courts
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trial courts of the federal court sysyem.
-have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters |
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Judicial Restraint
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theory of judicial interpretation that incourages judges to LIMIT THE EXERCISE OF THEIR OWN POWER
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Litigant
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a person involved in a lawsuit
(plaintiff and defendant) |
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Loose Interpretation
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(The Framer's INTENT)
"The constitution permits everything that it doesn't forbid" --Alexander Hamilton -Following the 'essence' of the Constitution, rather than what's explicitly written |
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Plaintiff
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a person who brings a case against another in a court of law
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Dignified and efficient aspects of presidency
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Dignified- "shaking hands and kissing babies"
efficient- actually working |
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Amnesty
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an official pardon for people who have been convicted of crimes
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Gulf of Tonkin Resolution
(sorry..Unit 2) |
authorized President Johnson to take ANY MEASURES HE BELIEVED WE'RE NECESSARY to retaliate to "promote the maintenance of international peace and security" in Southeast Asia
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Rule of Four
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How a supreme court decides their cases (besides Writ of Certiorari) where a 4/9 vote for a case wins
[NOT MAJORITY VOTE] |
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Stare Decisis
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The legal principle of determining points of litigation ACCORDING TO THE PRECEDENT
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Strict Interpretation
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legal philosophy of judicial interpretation that limits or restricts judicial interpretation
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The Patriot Act:
why was it unconstitutional? |
imposed on our 4th amendment to privacy.
People were SUPER PARANOID after 9/11 and wanted to prevent terrorist attacks (allowed people to search your house without a warrant, tap into phone calls and private documents, etc) |
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7th Amendment
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CIVIL LAW
(seriously. that's the answer. I got it wrong last time) |
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6th Amendment
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rights of the accused
-speedy and public trial -trial by jury -informed of charges etc... |
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8th Amendment
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No cruel or unusual punishment
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Burning the American flag as a form or protest is...
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CONSTITUTIONAL -- Symbolic speech
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Establishment Clause
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The US Govt. can't ESTABLISH an official religion
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prior restraint
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censorship before material is broadcasted or published
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Commercial Speech
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communication in the form of ADVERTISING can be restricted more than many other types of speech
"Say what you want...unless it's advertisment" |
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What can presidents do WITHOUT consent from congress?
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Executive orders
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If a president is meeting with the Joint Chief of Staffs, what role is he in?
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Commander in chief
(joint chief of staff are in charge of military) |
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If a president is discussing foreign policy with the Prime Minister, what role is he in?
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Chief Diplomat= FOREIGN anything
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Passing the Affordable Care Act demonstrates the president as...
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Chief Legislator
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