GOVT 2305 UNIT 2 TEST

what is the "free" exercise about?

the "free exercise" clause is about how the u.s. can't interfere with people's right to practice their religion.this comes from the 2nd clause of the 1st amendment.

When was the 13th Amendment passed?

it was passed on january 31, 1865 and later ratified on december 6,1865

How many Amendments are in The Bill of Rights?

there are 10 amendments in the bill of rights

What were the "Black Codes

they were laws that were made by the south after the civil war that took away the rights of newly freed black slaves that were given to them by the constitution. these codes later laid the groundwork for the jim crow laws.

What Amendment gave women the right to vote?

the 19th amendment gave women the right to vote.

What is the role of the Solicitor General of the United States?

the solicitor general of the united states is responsible for reviewing cases against the u.s. and decides whether the government will review them in the supreme court.

What is LIBEL?

libel is a false written statement made to defame a person's character

What is SLANDER?

slander is an untrue spoken statement made to defame a person's character

What is the case PLESSY vs. FERGUSON about?

"separate but equal" plessy sued the u.s. for not allowing him to ride the white car since he had them money for it. the court established that had the cars been of different price then he was right but since both rail cars were of equal value then it was okay to keep the white and black cars separated

What did the CIVIL RIGHTS ACT of 1964 ban?

the civil rights act of 1964 banned segregation by not giving federal funds to the states that wanted to keep their schools and other places segregated and didn't want intergration

What is TITLE IX (9) about?

educational amendments that stopped schools from discriminating against female students in sports and took away funding from schools that continued to do so

What does the term "FIGHTING WORDS" mean?

words that can inflict injury and breach the peace; these words are not subject to the restrictions of the 1st amendment

What is NON VIOLENT PROTEST and who practiced this?

various means to protest like civil disobedience ,symbolic protests, etc WITHOUT USING violence . martin luther king jr. was the one who practiced this.

What is MARBURY vs. MADISON about?

a supreme court case that asserted the power of judicial review which nullifies acts done by the national government that are deemed unconstitutional under article 3 in the constitution

What is the case of GIDEON vs. WAINWRIGHT about?

14th amendment right to counsel which requires that indigent criminal defendants be provided counsel for trial in state courts which had already previously been a law under the 6th amendment

What is the EXCLUSIOINARY RULE?

judicially created rule that prohibits police from using illegally seized evidence at trial

What did the Supreme Court rule about sex between consenting adults?

Supreme court ruled that there was no constitutional protection for acts of sodomy so it made it okay for states to criminalize acts in regards to homosexuality regardless if it was consensual or not

What is the ONLY Trial Court in the US system?

the only trial court in the u.s. system is the District of Columbia

What does the "FREE EXERCISE" clause protect

the "free exercise" clause protects the right to freely exercise one's religion

Where do you find the Right of Assistance of Counsel?

you find the right of assistance of counsel in the sixth amendment(VI)

What is ORIGINAL JURISDICTION?

original jurisdiction is when a court hears a case first usually in trial and these courts also determine the facts of the case. "hear the case first"

What is APPELLATE JURISDICTION?

appellate jurisdiction is the power vested in some courts to review or revise the decision of a lower court

What does the EXCLUSIONARY RULE bar from court?

the exclusionary rule bars illegally seized evidence at trial from court

How is a SUPREME COURT decision overturned?

states can amend the constitution themselves by gaining the approval of three quarters of the state legislatures but its very unlikely and difficult or the supreme court can overrule itself which is much more likely

What is the 15th Amendment about?

the 15th amendment was about giving the newly freed male slaves the right to vote

What is case of MAPP vs. OHIO about?

mapp vs. ohio was a case that decided that evidence obtained in violation of the 4th amendment which protected against "unreasonable searches and seizures" cant be used in state courts

What Amendment gives Americans the right to "bear arms"?

the amendment that gives americans the right to bear arms is the 2nd amendment

What is the EQUAL PROTECTION clause of the Constitution?

The equal protection clause is part of the 14th amendment which states that no person should be denying their rights based on race,gender, disability,etc; everyone gets equal protection.

What 2 Amendments have the EQUAL PROTECTION clause in them?

the 2 amendments that have the equal protection clause in them is the 14th and 5th amendment

What was ROE vs. WADE about?

roe vs. wade was about a woman's right to an abortion and how it was protected by the right to privacy in the 14th amendment

What were "JIM CROW" laws

jim crows laws were laws created by the southern states which required segregation in public places

What does the term "STARE DECISIS" mean?

"stare decisis" means a reliance on past decisions or precedents in court rulings to form decisions on new cases

What was the "DON'T ASK - DON'T TELL" policy about?

"dont ask-dont tell" was an official u.s. policy about gays and lesbians in the army during the clinton administration in 1994

What is a CONFERENCE in the Supreme Court procedure?

a conference is when the justices get together and discuss the cases and vote on any new petitions of certiorari.

What did the 14th Amendment attempt to do?

the 14th amendment attempted to give equal protection to all citizens and when it was first created specifically for african americans but that didnt amount to much

What Article creates a FEDERAL JUDICIARY branch of the government?

Article 3 creates a federal judiciary branch of the government

What was the case of LAWRENCE vs. TEXAS about

Six members overruled the decision against anti-sodomy law deeming it unconstitutional and violating privacy rights.

What is a WRIT OF CERTIORARI in the Supreme Court procedure?

writ of certiorari is a request for supreme court to order up the records from a lower court to review the case

What case gave the Supreme Court the right of JUDICIAL REVIEW?

Marbury vs.Madison

What is the MIRANDA vs. ARIZONA case about?

miranda vs. arizona case was about a ruling by the supreme court that stated that the 5th amendment required individuals who were arrested for a crime to be advised of their right to remain silent and to have counsel present

How long is a Federal Judge's term of office?

Appointed for life

Who appoints ALL Federal Judiciary officers

President of the u.s.

What did the Civil Rights act of 1964 attempt to overturn?

the civil rights act of 1964 attempted to overturn segregation and discrimination in public settings like school. employment, and voting.

Who is responsible for gathering evidence and presenting to a Grand Jury?

Prosecutor the u.s. attorney

What is "THE RULE OF FOUR" and why is it so important?

the rule of four is how at least four justices of the supreme court must vote to consider a case before it can be heard.

What is the ONLY part of the Supreme Court procedure open to the public?

the lower court

What was established in the Judiciary Act of 1789?

the three tier system which was compromised of federal district courts at the bottom level and then circuit courts as the second tier with the federal courts being the third tier

Is there AN AUTOMATIC right of appeal to the U. S. Supreme Court?

NO

What is an AMICUS CRURIAE brief?

friend of the court" amici may file briefs or even appear to argue their interests orally before the court.

What is a DISSENTING opinion?

an opinion in a legal case that is written by one of the judges who disagrees on the majority opinion of the court