American Government: power and purpose chapter 4

civil liberties

the protections of citizens from improper governmental action

civil rights

The legal or moral claims that citizens are entitled to make on the government

strict scrutiny

the most stringent standard of judicial review of a gov'ts actions in which the gov't must show that the law serves a "compelling state interest"

Lemon test

Rule articulating in Lemon vs. Kurtzman according to which gov'tal action in respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes nor inhibits the practice of religion

Free Exercise Clause

the 1st amendment clause that protects a citizen's right to beleive and practice whatever religion they choose

Clear and present danger

The crtiterion formerly used to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

Speech plus

Speech-accompanied activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the 1st amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Prior restraint

an effort by gov't agency to block the publication of material it deems libelous or harmful in some other way: Censorship. In the US, the courts forbid prior restraint except under the most extraordinary circumstances

Libel

A written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous and defamatory"

Fighting words

Speech that directly incites damaging conduct

Due process

Proceeding according to law and with adequate protection for individual rights

exclusionary rule

the ability of courts to exclude evidence obtained in violation of the 4th amendment

Grand jury

A jury that determines whether sufficient evidence is avaliable to justify a trial. Grand juries do not rule on the accused's guilt or innocence

Double Jeopardy

The fifth amendment right providing that a person cannot be tried twice for the same crime

Equal protection clause

the provision of the 14th amendment guaranteeing citizens "the equal protection of the laws." This clause as been the basis for the civil rights of Africa Americans, women, and other groups

"Separate but equal" rule

The doctrine that public accommodations could be segragated by race but still be equal

de jure segregation

Racial segregation that is a direct result of law or official policy

de facto segregation

Racial segregation that is not a direct result of law or gov't policy but is instead, a reflection of residential patterns, income distributions, or other social factors

Affirmative action

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

intermediate scrutiny

The test used by the Supreme Court in gender discrimination cases--places the burden of proof partially on the gov't and partially on the challenger to show that the law in question is constitutional.

right to privacy

The right to be left alone, which as been interpreted by the Supreme Court to entail individual access to birth control and abortions.

slander

An oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory"

Miranda rule

The convention derived from the Supreme Court's 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation.

Separate branch

Authority among the courts is hierarchical

Judicial review

Judges are appointed for life

What four important institutional features of the american judiciary ensure a powerful, independent court system?

people accept their decision

Courts are powerful to the extent that

History principle

What principle matters most for the judiciary?

Civil and Criminal

Court cases in the US fall under two broad categories:

Criminal law

The branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law) the gov is always the plaintiff. Defendants found guilty can be fined or sent to prison

Civil Law

Includes private law and government actions, settles disputes that do not involve criminal penalties

Stare Decisis

Literally "let the decision stand." The doctrine whereby a previous decision by a court applies as precedent in similar cases until that decision is overrules

Public Law

Cases involving the action of pubic agencies or officials, when a plaintiff or defendant in a criminal or civil case seeks to show that their case involves the powers of the government or the rights of citizens as defined under the constitution or by statute

Trial court

The first court to hear a criminal or civil case

Court of appeals

the court that hears the appeals of a trial court decision

Supreme court

the highest court in a particular state or in the US, serves primarily an appellate function

Jurisdiction

domain over which an institution has authority

Appellate jurisdiction

the class of cases provided in the constitution and by legislation that may be appealed to a higher court by a lower court

Original jurisdiction

he class of cases that may be taken directly to the federal court

For the most part, congress has assigned jurisdictions on the basis of geography

all federal cases

Supreme court has appellate jurisdiction in

all issues involving foreign ambassadors and issues in which a state is a party

Supreme court has original jurisdiction in

Due Process

proceeding according to the law and with adequate protection for individual rights

Writ of Habeas Corpus

court order demanding that an individual in custody be brought into court and shown the cause for detention. This writ is guaranteed in the constitution

they have exhausted all state remedies and raise issues not previously raised in their state appeals

People seeking a writ must show that

congress has expanded the number of federal crimes

Over the past four years the caseload of the federal courts has more than quadrupled, mostly because

Morse V Frederick

Bong Hits 4 Jesus

Chief justice

justice on the supreme court who presides over the courts public sessions

Senatorial courtesy

the practice whereby a president, before formally nominating them for a federal district judgeship finds out whether the senators from the candidates state support the nomination

John Marshall Harlan II

every SC nominee since this one has been questioned about his or her views

Harriet Miers

bush nomination to replace o'connor. Had to withdraw because republicans found her very unqualified

Dispute resolution

Coordination

Rule Interpretation

Courts do what three things?

Dispute resolution

all parties know in advance that an aggrieved party may take an alleged violator to court. The court than is the institution that engages in fact finding and judgment

Coordination

before-the-fact coordination mechanisms and the anticipation of legal consequences, allow private parties to form rational expectations and coordinate their actions in advance of possible disputes

Rule Interpretation

judges must determine what statutes or judicial principles mean, which of them fits the facts of the case, and then ascertain the description of the case at hand.

Dred Scott V Sandford

the court agreed that the fact that a slave had been transported to a free state and free territory before returning to the slave state of Missouri did not mean he wasn't property

Marbury v Madison

Gave us judicial review

The Supremacy Clause

a clause of the constitution that all laws passed by natl gov are supreme law of land

Judiciary act of 1789

Gave SC power to reverse state constitutions and laws that clearly were in conflict with us constitution, federal laws, or treaties

US v Nixon

The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege.

Hamdan v Rumsfeld

The Geneva Convention, as a part of the ordinary laws of war, could therefore be enforced by the Supreme Court, along with the statutory Uniform Code of Military Justice. The exclusion from certain parts of his trial deemed classified by the military commission violated both of these, and the trial was therefore illegal.

Common law

a body of rules and principles of interpretation that are not grounded in specific statutes

common law and statutory law

The written opinion of an appellate court is halfway between

1. Cases between the us and one of the states

2. Cases between two or more of the states

3. Cases involving foreign ambassadors or other ministers

4. Cases bought by one state against citizens of another state

The SC only has original jurisdiction these over 4 areas:

Ripeness, Standing, Mootness

3 Rules that govern which cases theSC will hear:

Ripeness

a case that is ready for litigation and does not depend upon hypothetical future events

Standing

the right of an individual or organization to initiate a court case- must have suffered some direct injury

Mootness

this requirement disqualifies cases that are brought too late, after the relevant facts have changed or the problem has been resolved.

Writ of certiorari

a formal request by an appellate to have the SC review a decision of a lower court.

Rule of 4

For certiorari to be granted, 4 justices must be convinced that the case satisfies rule 10 of the rules of the supreme court which states that certiorari is not a right but is granted only where there are special and compelling reasons

solicitor general

3rd in status in the justice department, Although others can regulate the flow of cases this person has the greatest control. There is no higher authority that reviews their work, and more than half the SCs total workload falls under the direct charge of this person

Amicus curiae

is a brief written by a individual or group that is not party to the lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief

Law clerks

Every federal judge employs law clerks to research legal issues and help prepare opinions

Each SC justice is assigned 4 law clerks who screen thousands of writ of certiorari and often help shape opinions

Brief

a written document in which an attorney explains-using case precedents- why the court should rule in their favor

Petitioners brief

Document filed by the individual bringing the case

Respondent's brief

The document filed by the party who prevailed in the lower court

Judicial restraint

constructionism, the judicial philosophy whos adherents refuse to go beyond the text of the constitution

Judicial activism

Living document, the judicial philosophy that posits that the court should see beyond the text of the constitution