Untitled Flashcards Set

Flashcard 1
Q: What is the concept of "Original Intent"?
A: Interpreting cases based on what the founders intended when they wrote the constitution.

Flashcard 2
Q: What does "Textualism" refer to in constitutional interpretation?
A: Deciding cases based on the literal meaning of the Constitution.

Flashcard 3
Q: What does "Stare Decisis" mean?
A: Make decisions based on past precedent; “Let the decision stand.”

Flashcard 4
Q: Define "Judicial Review."
A: The power of federal courts to review and strike down government actions that are incompatible with the Constitution. This was asserted in Marbury v. Madison (1803).

Flashcard 5
Q: What is "Justiciability" in relation to the court?
A: The court is restricted to “cases” and “controversies” only. Non-justiciable cases include advisory opinions, collusion, mootness, ripeness, and political questions.

Flashcard 6
Q: What is the "Lemon Test"?
A: A three-pronged test used to determine whether a law violates the Establishment Clause of the First Amendment:

1. Must have a secular legislative purpose

2. Its primary effect must neither advance nor inhibit religion

3. Must not foster excessive government entanglement with religion.

Flashcard 7
Q: What does "Standing" refer to in legal cases?
A: The appropriate party must bring the case, showing that they have suffered a concrete injury or are in imminent danger of suffering harm that can be redressed by the court.

Flashcard 8
Q: What does "Separationist" mean in relation to the Establishment Clause?
A: Separationist refers to the belief in a practically complete separation between church and state, prohibiting most forms of public aid to religion.

Flashcard 9
Q: What is the "Clear and Present Danger" test?
A: A test used to determine whether speech can be restricted if it poses a clear and present danger of bringing about substantive evils.

Flashcard 10
Q: What did Marbury v. Madison (1803) establish?
A: It established the principle of judicial review, allowing courts to review and nullify government actions that conflict with the Constitution.

Here’s a comprehensive set of flashcards based on all the key points from your study guide:

Flashcard 1
Q: What is "Original Intent" in constitutional interpretation?
A: Interpreting cases based on what the founders intended when they wrote the Constitution.

Flashcard 2
Q: Define "Textualism."
A: Deciding cases based on the literal meaning of the Constitution.

Flashcard 3
Q: What is "Structuralism"?
A: Deciding cases with the intent to protect the structures of society, especially the separation of powers.

Flashcard 4
Q: What does "Stare Decisis" mean?
A: Making decisions based on past precedent, meaning “Let the decision stand.”

Flashcard 5
Q: What are "Polling Jurisdictions"?
A: Deciding a case based on how state Supreme Courts, courts of appeals, and other countries have decided similar cases.

Flashcard 6
Q: What is "Legal Pragmatism"?
A: Looking at different potential outcomes and how each will impact individuals or society.

Flashcard 7
Q: What is "Judicial Review"?
A: The power of federal courts to review and strike down government actions that are incompatible with the Constitution, as asserted in Marbury v. Madison.

Flashcard 8
Q: Define "Jurisdiction."
A: The authority of a court to hear a case, as outlined in Article III, Section 2 of the Constitution.

Flashcard 9
Q: What is "Original Jurisdiction"?
A: Cases that are taken directly to the Supreme Court, such as those involving ambassadors, public ministers, or when a state is a party.

Flashcard 10
Q: What is "Appellate Jurisdiction"?
A: Cases that are heard first in lower courts before being appealed to higher courts.

Flashcard 11
Q: Define "Justiciability."
A: Courts are restricted to resolving actual "cases" and "controversies," not hypothetical or advisory issues.

Flashcard 12
Q: What are the types of Justiciability issues?
A: Advisory Opinions, Collusion, Mootness, Ripeness, and Political Questions.

Flashcard 13
Q: What is "Standing"?
A: The legal right to bring a case to court, requiring a party to show that they have suffered a concrete injury.

Flashcard 14
Q: What is a "Fundamental Right"?
A: Rights essential to liberty and justice, often implied in the concept of ordered liberty.

Flashcard 15
Q: What is a "Separationist" view on religion and government?
A: A belief in complete separation, prohibiting most forms of public aid or support of religion.

Flashcard 16
Q: What does "Accommodationist" mean regarding religion and government?
A: A belief that the government should only refrain from favoring one religion over another, allowing nondiscriminatory support for all religions.

Flashcard 17
Q: What is the "Preferred Freedoms Doctrine"?
A: A judicial approach that applies special scrutiny to laws that restrict fundamental rights, especially political expression.

Flashcard 18
Q: What is a "Valid Secular Policy"?
A: A government policy aimed at preventing fraud, ensuring public safety, or regulating other legitimate secular interests.

Flashcard 19
Q: When can the government restrict speech?
A: When it concerns obscenity, violence, property damage, criminal speech, encroaching on others’ rights, burdens on government functions, or trespass.

Flashcard 20
Q: What are "Time, Place, Manner Restrictions"?
A: Government rules regarding when, where, and how speech can occur, which must be reasonable.

Flashcard 21
Q: What does "Prior Restraint" refer to?
A: The government preventing speech or publication before it occurs, which is generally prohibited except in extraordinary circumstances.

Flashcard 22
Q: What is "Content and Viewpoint Discrimination"?
A: The unconstitutional act of regulating speech based on its content or viewpoint, rather than on time, place, or manner.

Flashcard 23
Q: What is the "Clear and Present Danger" test?
A: A test to determine if speech can be limited based on the risk of imminent harm or substantial evils.

Flashcard 24
Q: What is the "Lemon Test"?
A: A test used to determine if a law violates the Establishment Clause:

1. Secular purpose

2. Neutral effect regarding religion

3. No excessive entanglement with religion.

Flashcard 25
Q: Define "Sherbert-Yoder Compelling Interest Test."
A: If a law burdens religious practice, it must protect a compelling government interest in the least restrictive way possible.

Flashcard 26
Q: What is the "Smith Test"?
A: The Free Exercise Clause does not exempt individuals from complying with valid, neutral laws of general applicability.

Flashcard 27
Q: What is the "Clear and Probable Danger" test?
A: A test to determine if speech should be restricted based on its potential to incite harm, considering both the gravity and probability of that harm.

Flashcard 28
Q: What is the "Bad Tendency Test"?
A: The government can restrict speech if it believes the speech has a tendency to incite illegal activity.

Flashcard 29
Q: What does "Ad Hoc Balancing" refer to in legal terms?
A: A case-by-case approach where the government’s interest in regulation is weighed against an individual's interest in free expression.

Flashcard 30
Q: What is "Imminent Lawless Action"?
A: Speech that advocates for imminent illegal acts may be restricted if it is likely to incite those actions.

Flashcard 31
Q: What is the "Hicklin Test"?
A: A test for obscenity that examines whether the material, taken in part or as a whole, would be appropriate for children or incite them to inappropriate behavior.

Flashcard 32
Q: What is the "Miller Test"?
A: A test to determine if material is obscene by judging if it is offensive based on contemporary community standards and lacks serious literary, artistic, political, or scientific value.

Flashcard 33
Q: What is the "Lochner Approach"?
A: The regulation is constitutional if the government can show a direct relation between the law and the reason for the regulation.

Flashcard 34
Q: What is the "Strict Scrutiny Approach"?
A: In privacy cases, laws infringing on liberty or privacy are presumed unconstitutional unless the state shows the policies are the least restrictive means to achieve a compelling interest.

Flashcard 35
Q: What is the "Undue Burden Standard"?
A: States may regulate abortion but cannot place substantial obstacles on a woman’s right to choose before fetal viability.

Flashcard 36
Q: What does "Prior Restraint" mean in First Amendment law?
A: Preventing publication before it occurs, usually seen as unconstitutional except in specific extreme circumstances.

Flashcard 37
Q: What is the "Brandenburg v. Ohio" case about?
A: It established the "Imminent Lawless Action" standard, ruling that speech can only be limited if it incites imminent illegal activity.

Flashcard 38
Q: What is the ruling in United States v. Lee?
A: It ruled that the state’s interest in the social security system outweighed the Amish individual’s right to religious exemption from the program.

Flashcard 39
Q: What was the ruling in Employment Division v. Smith (1990)?
A: It held that the Free Exercise Clause does not exempt individuals from compliance with neutral, generally applicable laws, even if the law conflicts with their religious practices.

Flashcard 40
Q: What did Hobby Lobby v. Burwell (2014) establish?
A: It ruled that a corporation could deny its employees certain healthcare benefits based on the owners' religious objections under the Religious Freedom Restoration Act.Here are the additional flashcards based on the remaining information:

Flashcard 41
Q: What does Article III of the Constitution address?
A: It places constraints on the ability of federal courts to hear and decide cases.

Flashcard 42
Q: What does the First Amendment protect?
A: It protects freedom of speech, press, religion, and the right to petition the government.

Flashcard 43
Q: What is the Second Amendment about?
A: It addresses the right of the people to keep and bear arms, including the need for a well-regulated militia.

Flashcard 44
Q: What does the 14th Amendment include?
A: The Privileges and Immunities Clause, Due Process Clause, and Equal Protection Clause.

Flashcard 45
Q: What did Marbury v. Madison (1803) establish?
A: It established the power of Judicial Review, allowing courts to review and nullify government actions that conflict with the Constitution.

Flashcard 46
Q: What was the decision in Barron v. Baltimore (1833)?
A: It ruled that the Bill of Rights applied only to the federal government, not to state governments.

Flashcard 47
Q: What was significant about Gitlow v. New York (1925)?
A: It was the first case to incorporate the First Amendment's guarantee of free speech to apply to the states.

Flashcard 48
Q: What is the Lemon Test from Lemon v. Kurtzman (1971)?
A: A three-pronged test used to determine if a law violates the Establishment Clause:

1. Secular purpose

2. Neutral effect regarding religion

3. No excessive entanglement with religion.

Flashcard 49
Q: What is the ruling in Tinker v. Des Moines (1969)?
A: It protected student speech in schools, stating that students do not lose their constitutional rights at the schoolhouse gates unless their speech disrupts the educational process.

Flashcard 50
Q: What did Roe v. Wade (1973) establish?
A: It established that the right to privacy includes a woman's decision to have an abortion, with regulations after the first trimester being allowed to protect maternal health.

Flashcard 51
Q: What is the Smith Test for free exercise of religion?
A: It holds that individuals' religious beliefs do not exempt them from complying with generally applicable, neutral laws.

Flashcard 52
Q: What is the Sherbert-Yoder Test?
A: If a law burdens religious practice, it must serve a compelling government interest in the least restrictive way possible.

Flashcard 53
Q: What is the Lemon Test used for?
A: To determine whether a government action violates the Establishment Clause of the First Amendment, focusing on purpose, effect, and entanglement with religion.

Flashcard 54
Q: What does Separation of Powers refer to?
A: The division of government powers into different branches (executive, legislative, and judicial) to prevent any one branch from becoming too powerful.

Flashcard 55
Q: What is Mootness in legal terms?
A: A case is moot if the controversy is no longer live by the time it reaches court.

Flashcard 56
Q: What is Ripeness in legal terms?
A: A case is not ripe if the controversy is premature, and a party must exhaust available administrative and lower court remedies before seeking review.

Flashcard 57
Q: What are Political Questions in the context of legal cases?
A: Certain questions are better suited for resolution by other branches of government, and not for judicial review, often based on textual commitments or prudence.

Flashcard 58
Q: What is Standing in a legal case?
A: Standing refers to the requirement that the party bringing a case must have suffered a concrete injury or be in imminent danger of harm that can be remedied by the court.

These flashcards now cover all the key concepts and legal cases from the study guide, including additional constitutional passages, case law, and concepts you requested. Let me know if you'd like any more!