AP Gov Civil Rights and Liberties

Adversarial Judical System

2 parties in a legal dispute present their case and the court decides who wins/loses

Investigatory system

Judge controls questioning/police, written document using evidence is presented, document is presented to different judge, witnesses verify accuracy

Original jurisdiction

Lower court hears case for the first time

Appellate jurisdiction

Higher court reviews lower court’s decision

Common law

judge-made law made based off of previous decisions

Executive order

has the force of a law, without the involvement of Congress

Stare decisis

Judges compare facts and rulings from similar previous cases to reach conclusion about new case

US Code

Compilation of laws ever passed by Congress, reflects their priorities and concerns

Penal code

State codes with all criminal law

Administrative code

Rules and regulations made by bureaucrats through administrative rule, have force of law

Preponderance of evidence

More likely that the accused caused the harm claimed by complainant

Judiciary Act of 1789

• Supreme court

• Court of appeals

• District courts

Descriptive Representation

Representatives of Major demographic groups, proportional to population at large

Substantive Representation

Serves concerns of racial, gender, or ethic groups that one belongs to

Symbolic Representation

Court should mirror our national geographic profile, equal opportunity for all

Amicus curiae

“Friend of the court” brief; from interest groups

Writ of ceritiorari

Order by higher courts from lower courts to send cases up to review

SCOTUS decision making

• Briefs submitted, amicus curiae briefs from interested parties

• Oral arguments from attorneys

• Justices conference: have a discussion, nonbinding votes taken, rough drafts written

• Justices opinions drafted

• Final decision announced

Judicial activism

Court’s willingness to reject laws, step away from past precedents

Judicial restraint

judiciary should not check the power of exec/leg branches, unless actions violate the Constitution

Civil rights

guaranteed rights under equal protection clause and due process

Strict scrutiny test

Hear a challenge to laws with suspect classifications (ethnicity, gender)

Gov must show it’s necessary to have differential treatments in the best interests of the people

Heightened scrutiny test

gov must show that sex based discrimination is really related to important public interest the gov is responsible for

Ordinary scrutiny

Courts require gov to show that any differential treatment is necessary and rational to achieve public interest the gov is responsible for

De jure segregation

Legally mandated separation of races, normal in the south

De facto segregation

manifested in the north through housing, employment, and education

Title 9

Prohibited sex-based discrimination in educational institutions receiving federal money

Equal rights amendment

Equality of rights under the law shall not be prohibited on the basis of sex

First wave of women's rights

• Early advocates for women’s civil rights, focused on Suffrage

Second wave of women’s rights

• focused on rights in the workplace, equal legal rights for women

Third wave of women’s rights

• women have unequal access to legal rights, due to differences in race, class, and religion

Civil liberties

constitutionally established, protect citizens and their opinions from gov. interference

Civil rights

positive actions of government for the purpose of protecting citizens against discrimination

Differences

• Civil liberties protect individuals from govt actions

• Civil rights protect groups from discrimination

Unprotected speech

• False statements to harm reputations

• Obscenity

• “Fighting words” - causes public disorder