Term
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Definition
| Equal rights under the law. |
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Term
| What are civil liberties? |
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Definition
| Freedoms afforded to individuals by the Constitution. |
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Term
| Tocqueville on equality and freedom. |
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Definition
| "We value equality more so than freedom." |
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Term
| Founder's thoughts on the Judiciary. |
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Definition
| Thought it would be a weak branch. They cannot force compliance. History shows that they actually are policy makers. |
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Term
| What are 3 Constitutional Freedoms? |
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Definition
| Freedoms specifically mentioned in the constitution: No bills of attainder, No ex post facto laws, No suspension of Habeas Corpus. |
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Term
| Describe the Federal Court System. |
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Definition
| 3 tier system with District courts at lowest level, second level are Circuit courts, highest level is Supreme Court. |
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Term
| What is a Writ of Certiorari? |
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Definition
| higher court calling up record from lower court b/c they decide to hear it (supreme court). People must petition for a writ. |
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Term
| State Court System of Texas. |
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Definition
low > high;
Municipal/justice of the peace courts
County-level courts
District courts
Court of Appeals
Supreme Court/ Court of criminal appeals |
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Term
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Definition
| B/t private parties "lawsuit". Remedy in form of relief or compensation. |
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Term
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Definition
| Dealing w/ the commission of a crime. Results in punishment with guilt. |
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Term
| What kind of cases does the Supreme Court mostly deal with? |
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Definition
| Civil Rights and Civil Liberties. |
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Term
| What is US District Court jurisdiction? |
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Definition
| original jurisdiction over federal crimes, civil suits, bankruptcy etc. |
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Term
| What is US Court of Appeals jurisdiction? |
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Definition
| No original jurisdiction. hear only appeals from district courts. US regulatory commissions. anyone can appeal. |
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Term
| What is Supreme Court jurisdiction? |
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Definition
| Original jurisdiction: b/t 2 States, US and state, foreign ambassador/diplomats, a state and citizen from other state. Has Appellate jurisdiction at its own discretion. |
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Term
| What is Original Jurisdiction? |
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Definition
| Authority to try a case being heard for 1st time. |
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Term
| What is Appellate jurisdiction? |
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Definition
| Authority of appellate court to review decision of other cases. |
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Term
| Factors contributing to Accessing the Courts. |
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Definition
| Wealth directly proportional "affording an attorney". Must have standing in case. Interest Groups file Amicus Curiae briefs. |
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Term
| What are civil liberties of the 1st amendment? |
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Definition
| freedom of religion, speech, assembly, association, and press. |
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Term
| What are 2 clauses pertaining to religion in 1st amendment? |
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Definition
Establishment clause
Free Exercise clause |
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Term
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Definition
| process where BOR are applied to State government. Using 14th amendment Due process clause. Gitlow v. NY marked beginning of incorporation. |
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Term
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Definition
| established judicial review. the power to invalidate State laws. |
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Term
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Definition
| invalidated Maryland's State law taxing Bank of US that was established by congress. |
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Term
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Definition
| 1st case that ruled BOR was applicable to federal government only. |
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Term
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Definition
| marks beginning of incorporation. Used 14th amendment due process clause to rule that freedoms of speech and press are applicable to State government. |
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Term
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Definition
| extended right to privacy to abortions. |
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Term
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Definition
| established the exclusionary rule (evidence is null/void if obtained by warrantless search). Unless probable cause exist. |
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Term
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Definition
| Requires officers to inform citizens of their rights. Protection from self-incrimination. Used 5th Amendment. |
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Term
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Definition
| Doctrine that uses past legal decisions. |
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Term
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Definition
| right to be brought into court to know what you are being held for. "Bring forth the body" |
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Term
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Definition
| Government cannot restrain you prior to publication of something. |
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Term
| What are some dilemmas of equality? |
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Definition
| Equality under the law is widely accepted. However, access to the courts and ability to defend show inequality. Income and wealth. |
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Term
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Definition
| Blacks are not citizens. Also slavery could extend to the free territories. |
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Term
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Definition
| Doctrine of separate but equal. |
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Term
| Brown v. Board of Education |
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Definition
| segregation violates equal protection under 14th amendment. overturned plessy. Mandated policy for more effectiveness. |
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Term
| University of California v. Bakke |
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Definition
| prohibits quotas based on race. |
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Term
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Definition
| cannot use race as a point factor. |
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Term
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Definition
| state yes to using race as a consideration |
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Term
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Definition
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Term
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Definition
| Citizenship for blacks. Due Process clause. Equal Protection clause. Incorporation vehicle. |
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Term
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Definition
| Black males right to vote. |
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Term
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Definition
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Term
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Definition
| rights that are not specifically expressed. Rights to privacy. |
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Term
| What is De Facto segregation? |
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Definition
| segregation as a consequence of residential patterns. |
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Term
| What is De Jure segregation? |
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Definition
| segregation based on law. |
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Term
| Black codes and Jim Crow laws were designed to... |
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Definition
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Term
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Definition
| instrumental in using tactics like protests, accommodation, and legal action to draw attention to the inequities in the laws. |
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Term
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Definition
| knowingly breaking the law. |
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Term
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Definition
| prohibited discrimination based on race, color, religion, and national origin in employment and public accommodations. |
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Term
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Definition
| no unreasonable search and seizures. Exclusion rule. |
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Term
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Definition
| right to grand jury. no double jeopardy. no self-incrimination. right to due process. Miranda rights. |
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Term
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Definition
| right to: speedy trial, public trial, jury trial, counsel etc. |
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Term
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Definition
| forbids excessive bail and fines. |
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Term
| What question surrounds Affirmative Action? |
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Definition
| Should policy compensate for past discrimination. there is no quotas. |
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