Civil Rights and Judicial System Review

This set of flashcards covers essential vocabulary and questions on civil rights, the judicial system, and key court cases and amendments.

What is 'standing to sue'?

The legal right to bring a lawsuit in court.

What does 'justiciable dispute' mean?

A dispute that is appropriate for judicial resolution.

What is the function of 'amicus curiae'?

An advisor to the court on a matter of law who is not a party to the case.

What is 'writ of certiorari'?

A court procedure to seek judicial review of a decision of a lower court.

Define 'stare decisis'.

The legal principle of determining points in litigation according to precedent.

What is 'majority opinion'?

The opinion of the majority of the court that sets forth the decision and its rationale.

What is 'original intent theory'?

A method of interpreting the Constitution based on the intent of the framers.

What does 'strict constructionism' refer to?

A legal philosophy of interpreting the Constitution strictly according to its text.

What is 'judicial activism'?

Judicial rulings that are suspected of being based on personal or political considerations rather than existing law.

What is meant by 'arrogated decision'?

A decision made beyond the scope of authority or in a manner not sanctioned by law.

What are 'Jim Crow laws'?

State and local laws that enforced racial segregation in the Southern United States.

What is 'affirmative action'?

Policies that take factors like race or gender into account to benefit an underrepresented group.

What are 'de jure' and 'de facto' segregation?

'De jure' is segregation enforced by law, while 'de facto' is segregation that occurs in practice.

What must a civil case demonstrate to proceed?

It must involve a justiciable dispute and proper standing to sue.

How does the judicial branch reflect American federalism?

The federal judiciary operates within a system of shared power between state and federal governments.

How does the Supremacy Clause affect judicial decisions?

It establishes that federal law takes precedence over state law.

What is the appointment process for federal judges?

Judges are nominated by the President and confirmed by the Senate.

What are the basic steps in a Supreme Court case?

Case selection, written brief submissions, oral arguments, and decision.

How can judicial philosophies affect a Justice's decisions?

Philosophies like originalism or activism influence how Justices interpret laws and the Constitution.

What was a primary Anti-Federalist concern regarding the Judicial Branch?

That it would become too powerful and threaten state rights.

What checks does the judicial branch have over the other branches?

The judicial branch can declare laws or executive actions unconstitutional.

What is the significance of the Citizenship Clause of the 14th Amendment?

It grants citizenship to all persons born or naturalized in the United States.

What does the Due Process Clause of the 14th Amendment ensure?

It guarantees that no person will be deprived of life, liberty, or property without due process of law.

What is the purpose of the Equal Protection Clause of the 14th Amendment?

It mandates that individuals in similar conditions be treated equally under the law.

What was the impact of the Brown v. Board of Education decision?

It declared state laws establishing separate public schools for black and white students unconstitutional.

What does the Americans with Disabilities Act protect against?

Discrimination based on disability.

What was established by the Civil Rights Act of 1964?

It outlawed discrimination based on race, color, religion, sex, or national origin.

What was the ruling in Loving v. Virginia?

It invalidated laws prohibiting interracial marriage.

What did the 14th Amendment address?

It defines citizenship, contains the Due Process, and Equal Protection Clauses.

What significance does Title IX hold?

It prohibits gender discrimination in educational programs and activities receiving federal funding.