The Federal Court System & Civil Liberties

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35 Terms

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Civil Rights

Actions taken by the government to create an equal playing field for all

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Civil Liberties

Protections against the government

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What courts hold the power of judicial review?

state and federal

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Preventative Detention

When someone is held without bail as an option

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Original Jurisdiction

The court in which a case is heard first

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Docket

A list of cases to be heard

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Ex Post Facto

A law passed after the fact

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Habeas Corpus

A court order directed to an officer holding a prisoner commanding that he be brought before the court

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Indictment

A formal complaint that the prosecutor lays before the grand jury and charges the accused with one or more crimes

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Establishment Clause

Creates a wall of separation between church and state

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Free Exercise Clause

States that a person is free to exercise whatever religion on wishes

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Tinker v. DesMoines

Students do not shed their rights at school (symbolic speech)

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Engel v. Vitale

Outlawed prayer, even on a voluntary basis, at school

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Brown v. Board of Education

Overturned Plessy v. Ferguson

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Plessy v. Ferguson

Established the separate but equal doctrine

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Schenck v. United States

Established the clear and present danger rule

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Roe v. Wade

Allowed women the freedom to choose to have an abortion

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Libel

Writing something that is false and malicious about someone

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Slander

Saying something that is false and malicious about someone

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Treason

Levying war on your own country

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Jurisdiction

The power of a court to hear and try a case

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Procedural Due Process

The police must follow the laws during the information gathering stages of an investigation

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Grutter v. Bollinger

Race can be a factor for admissions when promoting diversity

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Court of Appeals

A gatekeeper to the Supreme Court because it relieves the Supreme Court of becoming to overburdened with cases.

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Concurring Opinion

What a Supreme Court Justice writes when he agrees with the majority but for differing reasons

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Writ of Certiorari

What is granted if the Supreme Court decides to hear a case

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Rule of four

This is how the Supreme Court decides to hear a case

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Time, place, manner restrictions

Restrictions the government can place on groups who wish to gather

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Exclusionary Clause

Evidence that is illegally obtained cannot be used against you in the court of law

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Affirmative Action

Positive steps taken to remedy the effects of past discrimination

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Miller v. California

Developed the SLAPS test and community standards in determining obscenity

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Lemon Test

determines the constitutionality of state aid to parochial schools

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Reasons for bail

innocent until proven guilty, the accused can prepare a better defense outside of jail, to guarantee the accused will show up to his court date

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Due Process and Equal Protection Clauses

Guarantees states will not deny people of the essential rights found in the Bill of Rights

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Regents of University of California-Davis v. Bakke

Affirmative Action policies are constitutional; racial quotas are unconstitutional