AP Government Unit 3

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35 Terms

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Civil Rights

Rights that protect individuals from discrimination and inequality, typically concerning people vs. people or minority vs. majority.

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Civil Liberties

Individual rights protected from government interference, primarily outlined in the Bill of Rights.

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Civil Law

Lawsuits and legal disputes between individuals.

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Criminal Law

Body of law pertaining to misdemeanors and felonies.

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Federal Judiciary

The system made up of 94 districts, 13 circuits, and 1 supreme court.

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Appellate Jurisdiction

The authority of a court to review the legality of lower court rulings.

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Original Jurisdiction

The authority of a court to hear a case first, typically in a trial.

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District Courts

Courts that have original jurisdiction.

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Circuit Courts of Appeal

Courts that have appellate jurisdiction.

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Supreme Court

The highest court in the United States, which has both original and appellate jurisdiction.

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Concurring Opinions

Agreements with the majority opinion but for different reasons.

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Dissenting Opinions

Disagreements with the majority opinion.

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Rule of Four

A requirement that at least four justices must agree to hear a case before it can be placed on the Supreme Court's docket.

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Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review.

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Due Process of Law

The legal requirement that the state must respect all legal rights owed to a person; includes notice, hearing, ruling.

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Procedural Due Process

Fairness implemented through legally binding laws, associated with judicial restraint.

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Substantive Due Process

Fairness based on basic human rights, often associated with judicial activism.

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Recess Appointments

Presidential appointments made when Congress is not in session, requiring confirmation by the end of the next session.

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Strict Scrutiny

The highest level of judicial scrutiny applied to laws affecting race, nationality, religion, or fundamental rights.

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De Jure Discrimination

Discrimination that is codified into law.

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De Facto Discrimination

Discrimination that occurs in practice but is not codified into law.

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Intermediate Scrutiny

Judicial standard applied to gender and content neutral speech, less stringent than strict scrutiny.

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Rational Basis Scrutiny

The lowest level of scrutiny applied to laws that do not affect fundamental rights.

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Incorporation Doctrine

The legal doctrine through which selected protections in the Bill of Rights are applied to the states.

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Selective Incorporation

The process by which certain rights in the Bill of Rights are applied to the states via the Fourteenth Amendment.

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Brown v. Board of Education

A landmark 1954 Supreme Court case declaring racial segregation in public schools unconstitutional.

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Engel v. Vitale

A 1962 Supreme Court case ruling that state-sponsored prayer in public schools violated the Establishment Clause.

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Gideon v. Wainwright

A 1963 Supreme Court case ensuring that defendants have the right to counsel in state courts.

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McDonald v. Chicago

A 2010 Supreme Court case that extended the Second Amendment's right to bear arms to state and local governments.

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New York Times v. United States

A 1971 Supreme Court case ruling against prior restraint, protecting freedom of the press.

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Schenck v. United States

A 1919 Supreme Court case that established the 'clear and present danger' test for free speech.

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Wisconsin v. Yoder

A 1972 Supreme Court case holding that required schooling for Amish children beyond eighth grade violated their religious freedoms.

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Tinker v. Des Moines

A 1969 Supreme Court case affirming students' right to free speech in schools.

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Prior Restraint

An action taken by an authority to prevent publication or distribution of content before it is released.

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Prior Review

Review of content by an authority before it is published without necessarily stopping it.