Federal Judiciary and Civil Rights Flashcards

A collection of flashcards covering key terms and concepts related to the federal judiciary, civil rights, and amendments in the U.S. Constitution.

Federal judiciary

The branch of the federal government that interprets the laws of the nation.

Supreme Court

The highest level of the federal judiciary, established in Article III of the Constitution.

Original jurisdiction

The authority of a court to hear a case first, including the finding of facts.

Appellate jurisdiction

The authority of a court to hear and review decisions made by lower courts.

Federalist No. 78

An argument by Alexander Hamilton stating the federal judiciary would unlikely infringe upon rights and will serve as a check on the other branches.

Marbury v. Madison (1803)

The Supreme Court decision that established the principle of judicial review.

Judicial review

The authority of the Supreme Court to strike down laws or executive actions that conflict with the Constitution.

Criminal law

A category of law covering actions that harm the community.

Civil law

A category of law covering cases involving private rights and relationships between individuals and groups.

Federal district courts

The lowest level of the federal judiciary, usually having original jurisdiction.

Federal courts of appeals

The middle level of the federal judiciary that reviews appeals from federal district courts.

Precedent

A judicial decision that guides future courts in handling similar cases.

Stare decisis

The practice of letting a previous legal decision stand.

Majority opinion

A binding Supreme Court opinion that serves as precedent for future cases.

Concurring opinion

An opinion that agrees with the majority decision but offers different reasoning.

Dissenting opinion

An opinion that disagrees with the majority opinion and does not serve as precedent.

Judicial restraint

A philosophy that justices should be cautious in overturning laws.

Judicial activism

A philosophy that justices should wield the power of judicial review and create bold policies.

Civil liberties

Fundamental rights and freedoms protected from government infringement.

Civil rights

Protections from discrimination as a member of a particular group.

Bill of Rights

A list of fundamental rights and freedoms, the first ten amendments to the U.S. Constitution.

Due process clause

The clause in the Fourteenth Amendment that restricts state government from denying citizens their rights without legal safeguards.

Selective incorporation

The process through which the Supreme Court has affirmed that most Bill of Rights protections apply to state governments.

Establishment clause

First Amendment protection against the government requiring support for a religion.

Free exercise clause

First Amendment protection of individuals to practice their religion.

Freedom of expression

A fundamental right affirmed in the First Amendment to speak, publish, and protest.

Clear and present danger test

A legal standard that determines when speech posing an immediate threat is not protected.

Prior restraint

The suppression of material prior to publication on grounds it may endanger national security.

Symbolic speech

Protected expression in the form of images, signs, and symbols.

Libel

An untrue written statement that damages a person's reputation.

Slander

An untrue spoken expression that damages a person's reputation.

Obscenity and pornography

Material that depicts sexual activity in an offensive manner and lacks artistic merit.

Ex post facto laws

Laws that criminalize conduct that was legal at the time it occurred.

Bill of attainder

A law punishing an individual without a trial.

Writ of habeas corpus

A document setting out reasons for an arrest or detention.

Procedural due process

A judicial standard requiring fairness be applied to all individuals.

Warrant

A document issued by a judge authorizing a search.

Probable cause

Reasonable belief that a crime has been committed or that evidence exists.

Exclusionary rule

A rule that evidence obtained without a warrant is inadmissible in court.

Grand jury

A group of citizens who decide whether a person should be indicted on criminal charges.

Double jeopardy

Protects an individual acquitted of a crime from being charged again for the same crime in the same jurisdiction.

Miranda rights

Rights that must be given to individuals in custody, including the right to remain silent.

Bail

An amount of money posted to allow a charged individual to be freed while awaiting trial.

Thirteenth amendment

An amendment prohibiting slavery within the United States.

Fourteenth amendment

An amendment granting citizenship to all persons born or naturalized in the U.S.

Equal protection clause

Clause of the Fourteenth Amendment used to protect civil rights from discrimination.

Fifteenth amendment

An amendment granting voting rights to African American men.

Separate but equal

The doctrine that racial segregation is constitutional if facilities are equal.

Legal segregation

The separation of individuals based on race by law.

De jure segregation

Separation of individuals based on characteristics by law.

De facto segregation

Separation arising from factors other than law, such as housing patterns.

Affirmative action

A policy providing special consideration to address the consequences of previous discrimination.

Social movement

A large group of citizens organizing for political change.

Civil disobedience

The intentional refusal to obey a law to highlight its injustice.

Civil Rights Act of 1964

Legislation outlawing racial segregation in schools and public places.

Voting Rights Act of 1965

Legislation outlawing literacy tests for voting and authorizing federal oversight.

Nineteenth amendment

A constitutional amendment granting women the right to vote.

Title IX of the Education Amendments of 1972

Legislation prohibiting sex discrimination in federally aided schools.