Studied by 18 people
Civil way of passing a law
Passed by legislation
Common way of passing a law
Passed by judge
Precedent
Decisions court has made in the past
Store Decisis
Let the decision stand. If similar case has happened & same verdict is given. The same punishment should occur
Plea Bargain
Defendant pleads guilty for a lesser sentence. 95% of criminal cases end like this.
Jurisdiction
Right of court to hear a case
Original Jurisdiction
Where crime was committed
Appellate Jurisdiction
Court can view other courts and cases
Concurrent Jurisdiction
2 courts hold the same jurisdiction
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Due process
Fair treatment through the normal judicial system, especially as a citizen's entitlement.
State court power ranking
State district courts, State appellate courts, State supreme courts
Federal court power ranking
Federal district court, Federal circuit courts, US Supreme court
Supreme Court
Min Age - None
Citizenship - None required
Term Length - Life
# From each state - No state requirement
Constituancy - Majority and Minority
Powers - Judicial
Removal - Impeachment
Term Limit - None
Number - 9
Standing Threshold Doctrines
Some kind of damage to you before going to court
Ripeness Threshold Doctrine
Can’t bring case in too early
Mootness Threshold Doctrine
Can’t bring in case too late
Cert Pool
Gathering of all properly filed petitions
Discuss List
Needs to be talked about more
Conference
Secret meeting of supreme court judges, 5 votes needed to win
Filing of briefs
1 page unless it is a really extensive case
Amicus Briefs
Friend of the court
Opinion Writing
Last stage of the Supreme Court case
Majority Opinion
The majority agrees, Chief Justice assigns
Concurring opinion
Majority made the right decision but the reasoning behind it was bad
Disenting Opinion
The majority is wrong
Power of the supreme court
Decides the winners or losers of the cases in court
Judicial Review
Supreme Court has the power to overturn other government bodies if it goes against constitutional law
Marbury V/ Madison(1803)
Supreme Court is final interpreter of if it is constitutional
Court Packing
President appointing Supreme Court judges that have the same political opinion as him
U.S. V/ Caroline Products
As long as law in question is economic, government can do anything(rational basis test)
Strict Scrutiny
Only three circumstances you can exercise judicial review
1-Violation of a specific prohibition
2-Questions of voting laws and gerrymandering
3-Discrete and insular minorities (rights of people who can’t protect themselves from the majority
Getting Borked
Robert bork, getting told no even if you are qualified
Judicial Activism
The idea that the court will change society the way that people want it
Judicial Restraint
Social and legal change is the legislatures problem
Originalism
You should read the constitution as if you were Alice when the amendments were written and passed
Living Constitutionalism
You should read the constitution in the eyes of a reasonable reader today
Post Modernism
Words mean what you want them to mean
Critical Race Theory
The U.S. constitution was written by white, affluent, male, & slave owners and that affects the integrity of the final document making it corrupt and void
Isolationism
Started with George Washington, Americans hated it
Monroe Doctrine
Outlines what American neutrality will look likeA
American neutrality
No new European colonies, No European interference, America stays out of europe
Domino Theory
1 nation will fall to communism and all of the other nations around it will follow
Truman Doctrine
War with communist and non communist nations, we always will help the non-communist.
Mutually Assured Destruction
Kill both the attacker and defender in case of nuclear warfare
Marshall Plan
Rebuild Europe in a way that fights communism
Southeast Asian War
Japanese invades Southeast Asia, Vietnam said they wanted a seat in legislature, France said no, however USA won’t help Vietnam, Soviets helped Vietnam wipe the floor
Richard Nixon Foreign Policy
Normalizes relations with china, trade agreement w/ china
Detente
Relaxing of tensions
1961
Soviet Union collapses, all countries held by communist Russia are now free again
Persian Gulf War
Fighting over wells on border or Iraq & Kuwait, Sudan Hussain invades Kuwait and seizes all oil wells, U.S wipes out all Iraqi military in a week
Intervensionism
Using our power to intervene in world affairs, 9/11
2002
USA topples taliban and sets up a western style of gov in Afghanistan
2021
We withdraw & Taliban is back in power
Mono Culture
Some form of cultural meaning
Multi Culture
Isn’t 1 culture that defines state, think no culture almost
Northwest Ordinance
Passed before the constitution
Enabling act of 1802
Congress will make the territories, then given government
7 territories
Puerto Rico is the biggest one
Territory to state
Have at least 60,000 citizens, Must hold a constitutional convention, Congress must admit its a state
Missouri Constitution
The first was written in 1820, created under Missouri compromise
Missouri Compromise
Gets to decide if its south of the mason Dixon line
Maine
Free state
Missouri
Slave state
Requirements of being a Missouri citizen 1840
White & Male
Ulysses S Grant
From Missouri, played a huge role in the civil war
Regular Session
Max hold 4.5 months/year
Special Session
Thing that gets used when people want to be very broad. Its not supposed to extend a regular session
Veto Session
In september, and can only override a veto
Senate Membrane
How things are done
State Bill becoming a law order
Member proposes, Chamber Leader, Committee, Perfection Calendar, Floor, Truly agreed to and finally passed
Perfection Calendar
Order of events voted in the chamber
Governors Executive Power
Chief Executive
Governors Judicial Power
Grants reprieves, Commutes someones sentence, Pardon
Governors Legislative Power
Speeches, Veto
Inaugural Speech
What does he want the state to look like
State of the state
Gets into the weeds of policy and direction
Budget Speech
Go over the states budget
Line Item Veto
Only for budget bills
Governors Military Role
Head of the states national guard
Lt Governor
Not really in charge of anything, An ambassador, Breaks tie in senate
Secretary of State
In charge of keeping track of state law, In charge of elections
State Auditor
In charge of keeping the books, Makes sure everybody obeys the state law
Treasurer
Handles the actual $$
Attorney General
Chief Legal Officer, Represents Missouri in all legal cases
Impeachment
GOV/S.C. Justices | Everyone else
\ /
Missouri House of Representatives
/ \
“Seven Eminent Justices” | State Supreme Court
Trial Courts
Different courts in Missouri
Circuit Courts
Circuit } 30 years old
Juvenile } 1 year resident in MO
Probate } Attorney in MO
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Municipal } 30 years old
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Associate } 25 years old, current resident, attorney in MO
Appellate
Appeals court in the East, West and South
State supreme court requirements
9 year voter, Attorney in MO, 30 years old
Missouri Plan
How to become a judge
Judicial Commision
3 judge nominees, gov picks one, nominee serves for a year, can get voted back in
Roman Catholic Relation
Church has authority over state
Lutheran Relation
Divide between the church and the state
Reformed approach
Church needs to advise state but still be seperate
Anabaptist
Keep two as far away as you can
Just War
Defensive wars are just, if your ideologies are attacked its just
Christianity Just War
Self examination, then fight after
Pacifism
Always wrong to fight
Crusader
Christians are obligated to fight
Note 
Flashcard (61)