APGOV U4

civil liberties

concern basic rights and freedoms that are guaranteed in the Bill of Rights and the US Constitution

civil rights

concern the right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, religion, etc)

criminal cases

begin when someone commits a crime; purpose of this type of case is to punish people that have broken the law

civil cases

cases that are intended to resolve disputes between private individuals or groups

liberal justice

-Sotomayor

-Kagen

-Jackson

Conservative justices

-Chief Justice Roberts

-Thomas

-Alito

-Gorsuch

-Kavanaugh

-Barret

US District courts

-federal "trial courts" with original jurisdiction

-hold trials for federal crimes and federal lawsuits

-determine innocence or guilt of defendents

-usually include 1 judge, a jury, attorneys, witnesses,etc

-94 US district courts

-every state has at least 1 district court (more populous states have several)

US Courts of Appeal

-federal intermediate appellate courts with appellate jurisdiction

-determine whether the parties received a fair trial at the district courts

-can order a retrial if the district court if the district court made an error

-a panel of 3 judges usually makes this decision (no jury)

-both parties submit written briefs and present oral arguements to the court

-13 US of appeals (each has jurisdiction within their circuit)

US Supreme court

• has original and appellate jurisdiction (almost all cases are appeals)

• geographic jurisdiction is the entire US (rulings establish national precedent)

• both parties submit written briefs and then present oral arguments to the court

• 9 justices (8 associate justices and 1 chief justice) set by federal statute

Dual Court system

federal US courts handle matters of federal law, while each state has its own court system to deal with matters of state law

precedent

a court ruling that is used by judges as a model for deciding the outcome of a similar case. Inferior courts look to the past rulings of higher courts as a guide fro deciding legal questions

state decisis

latin phrase that means "let the decision stand". It is the legal tradition of upholding previous case precedents when deciding cases that involve similar circumstances

Judicial Review

power of judges to nulify laws, policies, actions of govt officials if they deem them "unconstitutional" (case law) (established in Marbury v. Madison)

Judicial Restraint

a philosophy/belief that judges should not invalidate actions legislative or executive actions, unless they clearly violate the Constitution. Judges should defer to elected officials, shouldn't get involved in deciding political issues, should not "legislate from the bench"

Judicial Activism

a philosophy/belief that judges should play an active role in shaping national policies by addressing social and political issues. Judges are needed to guard against tyranny of the majority

black codes

were state and local laws enacted in 1865-1866 by many ex-confederate states that were designed to restrict the right and liberties of newly freed slaves. These laws were designed to keep former slaves in a subservient role

citizenship clause

all persons born in the US are citizens

Due Process clause

restricts state governments from denying citizens their life, liberty, or property without legal safeguards

equal protection clause

states can't create discriminatory laws

de jure segregation

is mandated by law. These laws (Jim Crow laws) mandated separation in restaurants, schools, etc

De Facto Segregation

occurs through custom, choice, or for economic reasons and still exists in the US

Civil Rights

-prohibits discrimination/segregation in public accommodations based on race, color, religion, sex, or national origin

-prohibits employment discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

banned literacy tests and provided federal oversight of voter registration in many southern states

Equal Rights Amendment (ERA)

a constitutional amendment that would end the legal distinctions between men and women in terms of divorce, property, employment, and other matters.

Title IX (1972)

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance

Equal Pay Act of 1963

prohibit sex-based wage discrimination

Title VII of the Civil Rights Act of 1964

Prevents discrimination in the workplace by employers based on sex(including but limited to: pregnancy, sexual orientation, gender identity, etc.), race, religion, etc.

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Loving v. Virginia (1967)

SCOTUS ruled 9-0 that Virginia's anti-miscegenation law violated the 14th amendment's Equal Protection Clause and also violated the Due Process Clause. SCOTUS found, through rigid scrutiny, that the Virginia law had no compelling government interest and rational purpose

Obergefell v. Hodges (2015

This case gave same sex marriages equal legal protections and benefits across the country and established that all states have to recognize their marriages.

Bostock v. Clayton County (2020)

Supreme Court ruled that the Civil Rights Act of 1964 protects employees against discrimination on the basis of sexual orientation or gender identity.

Thirteenth amendment

an amendment to the constitution passed in 1865 prohibiting slavery within the United States

Fourteenth amendment

an amendment to the constitution passed in 1868 granting citizenship to all persons born or naturalized in the United States and placing restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States

Fifteenth amendment

an amendment to the constitution passed in 1870 granting voting rights to African American men

Separate but equal

the doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal

Affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender

Social movement

large groups of citizens organizing for political change

Civil disobedience

the intentional refusal to obey a law to call attention to its injustice

nineteenth amendment

a 1920 constitutional amendment granting women the right to vote

Marbury v Madison

Established the principle of judicial review empowering the SupremeCourt to nullify an act of the legislative or executive branch that violates the Constitution

Engel v Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren. School sponsorship of religious activities violates the establishment clause

Gideon v. Wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Tinker v DesMoines

Tinker siblings wore armbands to school to protest the Vietnam War and were suspended after refusing to remove them. Result: Symbolic speech is protected under the first Amend. The armbands caused no disturbance.

Wisconsin v. Yoder

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Roe v Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Schenck v United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

McDonald v. City of Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

New York Times v. United States

(1971) Overturned the Justice Department's order to restrict free press in the interests of national security (the Justice Department aimed to block publication of the so-called Pentagon Papers). The ruling firmly protected freedom of the press.

Bill of Rights

a list of fundamental rights and freedoms that individuals possess. The first ten amendments to the US constitution are referred to as this

selective incorporation

the piecemeal process through which the Supreme Court has affirmed all the protections in the Bill of Rights also apply to state governments

establishment clause

first amendment protection against the government requiring citizens to join or support a religion

free exercise clause

first amendment protection of the rights of individuals to exercise and express their religious beliiefs

freedom of expression

a fundamental right affirmed in the first amendment to speak, publish, and protest

clear and present danger test

legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

symbolic speech

protected expression in the form of images, signs, and other symbols

libel

an untrue written statement that injures a person's reputation

slander

an untrue spoken expression that injures a person's reputation

Obscenity and Pornography

words, images, or videos that depict sexual activity in an offensive manner and the lack any artistic merit

ex post facto laws

laws criminalizing conduct that was legal at the time it occurred

bills of attainder

a law passed by Congress 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 that fairness be applied to all individuals equally

warrant

a document issued by a judge authorizing a search

probable cause

reasonable belief that a crime has been committed or that there is evidence of criminal activity

exclusionary rule

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

grand jury

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

double jeopardy

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity

bail

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial