Unit test ch 4, 5, and 15 all

which statement about native americans is false

made citizens of the U.S before african americans recieved the same status

which statement about equal rights amendment is false

ratified in 1982

civil rights are policies that extend basic rights to groups historically subject to

discrimination

Martin Luther Jr

a young local minister in national spotlight in 1955-56 as the leader of the Montgomery Bus Boycott

which statement about affirmative action is false

voiding laws and rules barring women from jobs through arbitrary height and weight

dred scott v sandford ruling was

handed down by the Supreme Court a few years prior to the Civil War

the united states supreme court decision in Brown V Board of Education of Topeka was based on

fourteenth amendments guarentee of equal protection

thomas jefferson who wrote in the declaration of independence “we hold these truths to be self evident that all men are created equal” believed

blacks were genetically inferior to whites

which of the following is a provision of federal election laws

areas with significant populations of linguistic minorities, voting materials must be made avalible in the preferred languages of the population

affirmative action seeks to move beyond

equal opportunity to equal rights

american society generally emphasizes equal

opportunity

following the civil war the fourteenth amendment to the constitution was designed to overturn?

Dred Scott v Sandford

classifications based on gender have been ruled to be

somewhere between inherently suspect and reasonable

thirteenth amendment

outlawed slavery

the Dred Scott v Sandford ruling was handed down by the Supreme Court

A few years prior to the civil war

In Rees v reed the Supreme Court ruled

Arbitrary classification violates the equal protection clause

Poll taxes for federal elections

Twenty fourth amendment

Equal rights amendment failed because

It fell three states short

Age discrimination denied federal funds

To those over age 40

doctrine of prior restraint prevents government from prohibiting speech/publication

Before the fact

USA Patriot act expands an exception found in which amendment to allow spying?

Fourth

In Barron v Baltimore Supreme Court held that the Bill of Rights limits , _____. Not _____

Federal, not Local

Supreme Court outlawed which one in the 1970s by asserting it was imposed in an arbitrary manner

Capital punishment

False written statement is libel

Same spoken statement aloud is slander

Which Supreme Court case upheld an individuals right to have a gun in his or her home

McDonald v Chicago

Which of the following Supreme Court cases demonstrates how reluctant the courts are to exercise prior restraint when national security issues are involved

New York Times v United States

A writ of habeas corpus refers to

A persons right to know reasons for their imprisonment

The Supreme Court used incorporation to _____ the rights of states

Limit

The constitution protects against the search of an indictable persons home or vehicle without a _____

Warrant

Fourth amendment protects citizens from

Search and seizure

Which test examines constitutionality of eligible establishments?

Lemon

Which amendment forbids coercion in the form of entrapment ?

Fifth

____ is responsible for determine enough evidence exists to support conviction against criminal defendants

Jury

In Roe v Wade majority of justices determined that

The constitution implies a right to privacy

“court-packing plan“

Roosevelt noted the age of court was over 70, and gave them lifetime jobs, congress determines the number of justices and Roosevelt appointed more for the New Deal, plan was not passed

“With all deliberate speed”:

Brown v Board. Eisenhower refused to state Americans should comply, schools resisted decision, denied aid to segregated schools

Amicus curiae briefs:

Interest groups/ Litigants are a friend of the court,(supports them by) influencing courts decision, raises additional points of view, and presents information not in briefs of attorneys for the official parties to the case

Appellate jurisdiction:

on appeal from lower courts, do not review factual, only legal issues, at state level-ends with highest court of appeal/Supreme Court. Litigants appeal decision.

Brown v. Board of Education of Topeka KS

interest group seeks litigant NAAP (national association) to sue the school board to end “separate the but equal. Thurgood Marshall said Topeka is a stronger case since segregated facilities were equal

Strict constructionism:

interprets constitution narrowly

Civil Law / Criminal Law differences:

civil law: dispute between two parties over contracts property divorce custody mergers and personal damage consisting of statutes and common law. Criminal law: is harmful to an individual or society, burglary and civil cases begin and end in state courts

Class action lawsuits:

permits small number to sue on behalf of all in similar circumstances, helpful in civil rights and environmental protection cases

Concurring opinion:

supports majority decision and stresses a different constitutional or legal basis, at least five votes in agreement and at least six justices must participate

Constitutional Courts:

judiciary act of 1789 creates the Supreme Court court of appeals and district courts. Not affected by removal or salary reduction

Consumer population:

criminal defendants and attorneys. Miranda and abortion

Courts of appeals:

reviews final decisions of district courts(except direct review), reviews and enforced independent regulatory commissions. District court judge gave improper instructions to a jury or misinterpreted rights. Hold no trails and hear no testimony 

Defendant

the person or group being accused in a court case, or the one being sued (Party)

Dissenting opinion:

justices opposed to part or all of majority’s decisions 

Diversity of Citizenship Cases

Protects against bias of a state court in favor of a citizen from that state, civil suits between foreign national - exceeds 75,000

En banc: 

all judges present in the court of appeals hearing cases in rotating panels

How many district courts?

91 federal courts of original jurisdiction, only federal courts in which trials are held and juries are impaneled

How many judicial circuits?

12 judicial circuits and 6-28 permanent circuit Judgeships-179 in total 

How many opinions does the Supreme Court issue in a typical year?

80

Implementing population:

school boards and administrators, policies, hospitals, corporations and government agencies

Interpreting population:

lawyers and judges understand and reflect the intent of the original decision in their actions

Judicial activism:

judges are less deferential to elected officials and make bold policy decisions, courts help economically and politically weak

Judicial implementation

how and whether court decisions are translated into policy , affecting behavior

Judicial restraint:

adhere closely to precedent, deferring to legislatures, upholding law.

Judicial review:

courts hold acts of Congress and the executive in violation of the constitution

Jury

a group of citizens is responsible for determining the outcome of a lawsuit

Justiciable disputes:

conflict between litigants with standing to sue and issues settled by legal issues

Legal Opinion:

a tentative vote reaches the case and a statement of legal reasoning behind the decision for a case is written 

Legislative Courts

Congress established court of military appeals court of federal claims court of international trade and tax court. Judges have fixed terms and lack protections AGAINST removal or salary reduction. 

Majority opinion

chief justice writes or assigns to another justice in majority often in landmark cases such as brown v board of education 

Marbury v. Madison:

right of the Supreme Court to determine the meaning of the Constitution, establishing judicial review in judiciary act 1789

More cases are heard in [state / federal] court. :

State

Original intent:

judges rely on written constitutions or laws on what reasonable persons at the time who drafted and ratified it. justice clarence Thomas advocates. 

Original jurisdiction:

hears case first in a trial, determines the facts, cases begin and end. Can appeal adverse to higher court for another decision, cannot easily refuse to consider a case

Originalism

constitution does not specify by which justices interpret it

Per curium decision:

decision without explanation resolves immediate case, is not a percedent because the court does not offer reasoning to guide lower courts in future decisions

Plaintiff

sometimes the plaintiff is the government, and can bring a charge against a corporation or individual

Political questions:

the federal courts avoid deciding some cases 

Precedents

how similar cases are handled in the past are a guide to current decisions  

Senatorial courtesy

district vote: state nominee serves. Courts of appeals: state of nominees residence

Solicitor general (four functions)

decide whether to appeal cases the government has lost in lower courts, review and modify the briefs presented in appeals, represent government before the Supreme Court, and to submit an amicus curiae brief on behalf of a litigant, the government has an interest but is not directly involved.

Standing to sue:

plaintiffs have serious interest in a case determined by sustained immediate danger of direct substantial injury from another party or action from government. Being a taxpayer and opposed to a law does not provide standing

Writ of mandamus

Court order telling a lower court to to perform legal duty

Rule of four

Four justices agree to grant review of a case it is placed on a docket scheduled for oral argument in Supreme Court

Stare decisis

Let the decision stand

Statutory construction:

court interprets an act of Congress , the legislature passes legislation that clarifies existing laws and overturns the court 

Supreme Court:

resolves conflicts among states, maintains national supremacy, ensures uniformity in interpretation of national laws

The first woman on the Supreme Court was

Sandra day o Connor , Harriet Miers replaced her and had no record on abortion affirmative action or religion

Burger Court:

Nixon appoints a strict constructionist

Marshall Court.

Judicial review, roe v wade,  school busing, affirmative action, 

Rehnquiest & Roberts Courts.

Robert’s gave a testimony before the Senate Judicial Commitee to succeed Rehnquiest/. Conservative

Warren Court

shapes public policy/President Eisenhower/Requiring segregation of public schools are unconstitutional/rights of criminal defendants, right to counsel, search and seziure, self incrimination, reapportion legislatures and congrressional districts according to one person one vote and prohibited prayer in schools.

The size of the Supreme Court has remained the same since

1867

U.S. attorney:

district court, nominated by president, confirmed by senate, serves at discretion of the president, prosecute violation of federal law, represents U.S government in civil cases

Writ of certiorari

formal document calling up a case involves a docket and schedule for argument

Political Ideology of Justice Thomas

conservative

Political Ideology of Justice Amy Coney Barrett:

Conservative

Political Ideology of Justice Kavanaugh

Conservative

Political Ideology of Justice Roberts

conservative

Political Ideology of Justice Alito

Conservative

Political Ideology of Justice Gorsuch

conservative originalist

Political Ideology of Justice Kagan

Liberal