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| power of the courts to review acts of other branches of government and the states |
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| established the basic three-tiered structure of the federal court system |
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| Marbury v. Madison (1803) |
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| case in which the Supreme Court first asserted the power of judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional |
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| courts of original jurisdiction where cases begin |
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| courts that generally review only findings of law made by lower courts |
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| authority vested in a particular court to hear and decide the issues in any particular case |
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| the jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction. |
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| the power vested in an appellate court to review and/or revise the decision of a lower court |
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| codes of behavior related to the protection of property and individual safety |
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| codes of behavior related to business and contractual relationships between groups and individuals |
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| federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III |
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| courts established by Congress specialized purposes, such as Court of Military Appeals |
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| document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial |
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| prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature |
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| in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases |
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| process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs |
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| an approach to constitutional interpretation that emphasizes the Framers' original intentions |
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| a request for the Court to order up the records from a lower court to review the case |
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| at least four justices of the Supreme Court must vote to consider a case before it can be heard |
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| the fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court |
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| "Friend of the court"; amici may file briefs or even appear to argue their interests orally before the court |
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| a philosophy of judicial decision that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles |
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| a philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty |
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| refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit |
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| provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students |
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| a heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice |
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| category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court |
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| proposed amendment that would bar discrimination against women by federal or state governments |
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| Equal Employment Opportunity Commission |
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| federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing |
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| racial discrimination that results from practice (such as housing patterns or other social factors) rather than the law |
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| racial segregation that is a direct result of law or official policy |
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| legislation passed by Congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission |
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| section of the Fourteenth Amendment that guarantees that all citizens receive "equal protection of the laws" |
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| Brown v. Board of Education (1954) |
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| U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment's guarantee of equal protection; marked the end of legal segregation in the United States |
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| amendment to the Constitution that guaranteed women the right to vote |
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| the drive for women that took place in the United States from 1890 to 1920 |
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| Plessy v. Ferguson (1896) |
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| Plessy challenged a Lousiana statute requiring the railroads provide separate accommodations for blacks and whites. The Court found that separate but equal accommodations did not violate the equal protection clause of the Fourteenth Amendment |
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| voting qualification provision in many southern states that allowed only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test |
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| Civil Rights Cases (1883) |
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| name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not prohibited by the act because it was private, not state, discrimination |
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| laws enacted by southern states that discriminated against blacks by creating "whites only" schools, theaters, hotels, and other public accommodations |
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| one of three Civil War Amendments; specifically enfranchised newly freed male slaves |
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| one of the three Civil War Amendments; guarantees equal protection and due process of the laws to all U.S. citizens |
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| Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War |
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| one of the three Civil War Amendments; specifically bans slavery in the United States |
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| refers to the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation |
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| the Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found the Bill of Rights applied to the states through the Fourteenth Amendment |
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| the right to be let alone; a judicially created doctrine encompassing an individual's decision to use birth control or secure an abortion |
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| part of the Bill or Rights that states: "Excessive bails shall not be required, nor excessive fine imposed, nor cruel and unusual punishments inflicted." |
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| Part of the Bill of Rights that sets our the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel |
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| judicially created rule that prohibits police from using illegally seized evidence at trial |
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| statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one |
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| Miranda v. Arizona (1966) |
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| a landmark Supreme Court ruling that held the Fifth Amendment that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present |
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| part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of person suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, property without the due process of law. It also prevents the national government from taking property without fair competition |
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| part of the Bill of Rights that reads: "The right of the people to be secure in their persons, houses, papers, and effects, against reasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." |
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| procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes |
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| words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the First Amendment |
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| New York Times Co. v. Sullivan (1964) |
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| the Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure |
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| untrue spoken statements that defame the character of a person |
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| false written statements or written statements tending to call someone's reputation into dispute |
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| symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment |
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| a test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur |
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| clear and present danger test |
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| test articulated by the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that Congress seeks "to prevent" |
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| Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment |
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| the second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religions |
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| the first clause the First Amendment; it prohibits the national government from establishing a national religion |
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| Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition |
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| those rights defined by the Court to be essential to order, liberty, and justice |
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| a judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment |
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| an interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights |
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| judicial interpretation of the Fifth and Fourteenth Amendments' due process clause that protects citizens from arbitrary or unjust laws |
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| clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action |
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| part of the Bill of Rights that reads "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." |
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| the first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties |
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| the personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation |
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