Test #3- Study Guide: Judicial Branch, Civil Liberties, and Civil Rights

Vocabulary flashcards for Judicial Branch, Civil Liberties, and Civil Rights.

Article III

Article of the Constitution that establishes the Judicial Branch.

Independent Judiciary

A judiciary that is separate from other branches of government.

Judicial Review

The power of the courts to declare laws unconstitutional.

Standing

The legal right to bring a lawsuit.

Rule of 4

The rule that four justices must agree to hear a case before it is granted certiorari.

Opinion of the Court

A signed opinion of a majority of the Supreme Court.

Dissenting Opinion

An opinion disagreeing with the majority decision in a Supreme Court ruling.

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases.

Precedent

How similar cases have been decided in the past.

Habeas Corpus

A writ requiring a person under arrest to be brought before a court or judge.

Takings Clause

Private property shall not be taken for public use, without just compensation.

Unenumerated Rights

Rights that are not specifically listed in the Bill of Rights but are still protected.

Capital Punishment

The death penalty.

Incorporation

The process by which the Bill of Rights was extended to the states and localities.

Due Process

Fair treatment through the normal judicial system, especially as a citizen's entitlement.

Exclusionary Rule

A law that prohibits the use of illegally obtained evidence in a criminal trial.

Civil Liberties

Basic freedoms guaranteed to citizens by the Bill of Rights.

Bill of Rights

The first ten amendments to the Constitution.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Lemon Test

Supreme Court test to determine whether a law violates the Establishment Clause.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Clear and present danger

The principle that allows speech to be punished only if it creates a clear and present danger of inciting violence or illegal acts.

Slander

The action or crime of making a false spoken statement damaging to a person's reputation.

Libel

A published false statement that is damaging to a person's reputation; a written defamation.

Obscenity

Material that violates community standards of decency.

Prior Restraint

Government censorship of information before it is published or broadcast.

Warrant

A document issued by a legal or government official authorizing the police or other body to make an arrest, search premises, or carry out other actions relating to the administration of justice.

Self incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.

Double Jeopardy

Being tried twice for the same crime.

Miranda Rights

Constitutional rights which police must read to a suspect before questioning can occur.

Penumbra

In constitutional law, the implied rights provided in the U.S. Constitution, or in the "penumbra" of rights.

Marbury v. Madison

Established the principle of judicial review.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive.

Griswold v. Connecticut

Established the right to privacy.

Loving v. Virginia

Invalidated laws prohibiting interracial marriage.

Roe v. Wade

Legalized abortion nationwide.

Obergefell v. Hodges

Legalized same-sex marriage nationwide.

Brown v. Board of Education

Ruled that separate educational facilities are inherently unequal.

Civil Rights

Rights of citizens to political and social freedom and equality.

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws.

Civil Rights Act of 1964

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

Equal Employment Opportunity Commission (EEOC)

Enforces federal laws prohibiting discrimination in employment.

Title IX of the Education Amendments Act

Prohibits sex discrimination in any education program or activity receiving federal financial assistance.