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Vocabulary Quiz #5 Words (5 Steps to a 5 Chapters 14 and 15)
The National Judiciary/Civil Liberties and Civil Rights Flashcards
48
Social Studies
10th Grade
05/09/2013

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Term
Jurisdiction
Definition
Authority of the courts to hear certain cases
Term
Original Jurisdiction
Definition
The authority to hear cases for the first time; in the federal system possessed by district courts and the Supreme Court in a limited number of cases
Term
Appellate Jurisdiction
Definition
Courts that hear reviews or appeals of decisions from the lower courts; in the federal system the Courts of Appeals and the Supreme Court have appellate jurisdiction
Term
Concurrent Jurisdiction
Definition
Allows certain types of cases to be tried in either the federal or state courts
Term
Constitutional Courts
Definition
Federal courts created by Congress under Article III of the Constitution
Term
District Courts
Definition
Constitutional courts that serves as the lowest court in the federal system; they hear trials and have original jurisdiction
Term
Courts of Appeals
Definition
Constitutional courts that serve as the middle court in the federal system; they hear appeals and have appellate jurisdiction
Term
Legislative Courts
Definition
Special courts created by Congress under Article I that have a narrower range of authority than constitutional courts such as Territorial Courts, U.S. Tax Court, and the U.S. Court of Appeals for the Armed Forces
Term
Senatorial Courtesy
Definition
The practice of allowing individual senators who represent the state where the district is located to approve or disapprove potential nominees
Term
Rule of Four
Definition
Four of the nine Supreme Court justices must agree to hear a case
Term
Brief Orders
Definition
Returned to the lower courts for reconsideration because of a related case that was recently decided
Term
Writ of Certiorari
Definition
An order by the Supreme Court directing a lower court to send up the records of a case for review; usually requires the need to interpret law or decide a constitutional question
Term
Certificate
Definition
A lower court may ask the Supreme Court about a rule of law or procedures in specific cases
Term
Brief
Definition
A detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases
Term
Amicus Curiae Briefs
Definition
"Friends of the Court" briefs where interested parties like interest groups are invited to submit briefs also
Term
Majority Opinion
Definition
A majority of the justices agree on the decision and its reasons
Term
Concurring Opinion
Definition
A justice who agrees with the majority opinion but not with the reasoning behind the decision
Term
Dissenting Opinion
Definition
A justice or justices who disagree with the majority opinion
Term
Precedents
Definition
Standards or guides to be followed in deciding similar cases in the future
Term
Executive Privilege
Definition
The power of the President to withhold information from the other two branches
Term
Judicial Activism
Definition
The belief that the Supreme Court should play an active role in determining national policies by applying the Constitution to social and political questions, especially where constitutional rights have been violated or unacceptable conditions exist
Term
Judicial Restraint
Definition
The belief that the Supreme Court should avoid taking the initiative on social and political questions, operating strictly within the limits of the Constitution and upholding acts of Congress unless the acts clearly violate specific provisions of the Constitution
Term
Strict Constructionist
Definition
A person that advocates the judicial philosophy of interpreting the Constitution very narrowly by not reading further into it than what is written
Term
Loose Constructionist
Definition
A person that advocates the judicial philosophy of interpreting the Constitution as a "living document" that is supposed to be updated via judicial decisions as time passes
Term
Civil Liberties
Definition
Those rights that belong to everyone; they are protections against government and are guaranteed by the Constitution, legislation, and judicial decisions
Term
Civil Rights
Definition
Positive acts of government, designed to prevent discrimination and provide equality before the law
Term
Writ of Habeas Corpus
Definition
A right in the original Constitution that states you must be brought before the court and informed of charges against you
Term
Bill of Attainder
Definition
You cannot be singled out and punished without a trial
Term
Ex post facto Law
Definition
Law applied to an act committed before the law's passage
Term
Self-incrimination
Definition
The constitutional protection that one does not have to testify against oneself
Term
Double Jeopardy
Definition
The constitutional protection that one can not be tried for the same crime twice
Term
Incorporation
Definition
Applies the guarantees of the Bill of Rights to state and local governments
Term
Symbolic Speech
Definition
Speech without words, but rather actions that is protected under the Constitution
Term
Establishment Clause
Definition
The constitutional protection that the federal government can not establish a national religion
Term
Free Exercise Clause
Definition
The constitutional protection that one is allowed to freely exercise their own religion provided it does not interfere with others
Term
Lemon Test
Definition
For a law to be constitutional regarding religion it must (1) have a primarily secular purpose; (2) its principal effect must neither aid nor inhibit religion; (3) it must not create excessive entanglement between government and religion
Term
Pure Speech
Definition
The most common form of speech, verbal speech; given the most protection by the courts
Term
Speech Plus
Definition
Verbal and symbolic speech used together, such as a rally and then picketing; may also be limited
Term
Prior Restraint
Definition
The constitutional protection from having the government censor a publication before it is published
Term
Substantive Due Process
Definition
Involves the policies of government, or the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections
Term
Procedural Due Process
Definition
The method of government action or how the law is carried out, according to established rules and procedures
Term
Eminent Domain
Definition
Allows government to take property for public use, but also requires that government provide just compensation for that property
Term
Exclusionary Rule
Definition
The barring from court evidence that has been obtained in violation of the Fourth Amendment
Term
Miranda v. Arizona
Definition
The Supreme Court ruled that suspects in police custody have certain rights and that they must be informed of those rights (right to remain silent, right to an attorney)
Term
Plessy v. Ferguson
Definition
The Supreme Court upheld the Jim Crow segregation laws by allowing separate facilities for the different races if those facilities were equal. This created the seperate but equal doctrine
Term
Brown v. Board of Education
Definition
The Supreme Court overturned the Plessy decision, ruling that seperate but equal is unconstitutional
Term
Equal Protection Clause
Definition
Part of the 14th Amendment that insures everyone receives equal protection under the law
Term
Affirmative Action
Definition
A policy designed to correct the effects of past discrimination
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