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PSCI 1040 Exam 3 Final review
Final Exam Review Political Science 1040 UNT
83
Political Studies
Undergraduate 1
12/09/2011

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Cards

Term
Courts
Definition
Provide a forum for the resolution for disputes between two parties.
Regulates disputes between branches of government.
Courts make public policies
Term
Adversarial system
Definition
To be adversarial, each side battles as equals before judges find a resolution, one side wins and one side loses.
Term
Trial courts
Definition
a. First court to hear a case
b. Witnesses testify, evidence is presented
c. Finders of fact.
Term
Collegial courts
Definition
Courts in which groups of judges decide cases based on a review of the record of the lower court trials.
Term
Differences between civil and criminal law
Definition
Civil law pertains to non criminal charges such as a person owes someone a debt and hasn't paid, a landlord taking a tenant to court to get any rent due, etc. Criminal law deals with criminal activities such as D.W.I.'s, robberies, assaults, etc. With criminal laws you have to prove beyond reasonable doubt and with civil you have to prove preponderance of evidence.
Term
Jurisdiction
Definition
the authority of a court to hear a case.
Term
Judicial Review
Definition
Power of a court to declare a legislative act or executive action invalid because of its incompatibility with a constitution
Term
Federal System
(overview)
Definition
FEDERAL: US District Courts (94) > US Courts of Appeals (12) > US Supreme Court
Term
"Typical" State Systems
(overview)
Definition
STATE: Minor State Trial Courts >-> Major State Trial Courts > State Intermediate Courts of Appeals > State Courts of Last Resort > US Supreme Court
Term
Jurisdiction of Federal Courts
Definition
1. Diversity of citizenship
2. Cases involving federal questions
Term
Jurisdiction of State Courts
Definition
1. Everything else
2. State courts can also interpret the U.S. Constitution, federal laws and treaties.
Term
U.S. District Courts
Definition
Lowest tier of the federal court system and are the trial courts of the federal system.
Term
U.S. Courts of Appeals
Definition
Court to which all federal district court decisions may appealed. The intermediate appellate courts in the federal system.
Term
U.S. Supreme Court
Definition
The Highest Court of the United States.
Term
Selection and confirmation of Article III judges (federal)
Definition
-Nominated by President and confirmed by Senate.
-Life-tenure
-Removed by impeachment.
Term
Methods of judicial selection used by the states
Definition
-Partisan/Nonpartisan Election
-Gubernational appointment
-Legislative appointment
-Merit selection
Term
Judicial Accountability
Definition
Judges should be accountable to the public and/or elected branches of government.
Term
Judicial Independence
Definition
Judges should be free to render decisions consistent with their best understanding of the law, free from outside influences.
Term
Unique characteristics of TX judicial system
Definition
-partisan elections for judges
-2 courts of last resort
Term
Supreme Court's original jurisdiction
Definition
established by the constitution
Term
Supreme Court's appellate jurisdiction
Definition
-established by Congress
-Most appeals are discretionary
-Certiorari
-Rule of Four
Term
Current justices on the United States Supreme Court (Chief and Associates)
Definition
Chief Justice: John Roberts
Associate Justices: Antonin Scalia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagan
Term
Writs of Certiorari
Definition
A document issued by the Supreme Court indicating that the Court will review a decision made by a lower court.
Term
Rule of Four
Definition
To issue a cert requires the vote of four justices.
Term
Majority opinion
Definition
Requires five justices
Term
Marbury v. Madison (1803)
Definition
Supreme court decision in which the court first exercised the power of judicial review
Term
Arguments for and against judicial review
Definition
Against: Judges are not elected and their decisions could thwart the popular will.

For: Some sorts of things (the application of fundamental rights) should be above the realm of day-to-day politics, and because the courts are out of the political process, they can preserve rights even when doing so is unpopular.
Term
Appellate Courts
Definition
a. Review decisions of other courts
b. No witness testimony or new evidence.
c. Review questions of law.
Term
Concurring opinion
Definition
A written opinion prepared by judges who vote with the majority but who wish either to disagree with some aspect of the majority opinion or to elaborate on the decision.
Term
Dissenting opinion
Definition
A written opinion presenting the reasoning of judges who vote against the majority.
Term
Original jurisdiction
Definition
the first court to hear a case
Term
Exclusive jurisdiction
Definition
Only that court has the authority to hear the case.
Term
Concurrent Jurisdiction
Definition
where a court might have authority to hear the case but other courts have authority to also hear the case
Term
Mandatory jurisdiction
Definition
means a court has to hear the case. The court can't decide not to hear a certain case under this jurisdiction. Judges don't get to decide not to hear a case
Term
Discretionary Jurisdiction
Definition
Most state supreme courts and US supreme court has this; when someone loses a case in the lower court, the US Supreme Court, for example, can accept the case or deny the case.
Term
Appellate jurisdiction
Definition
the power of a court to review decisions and change outcomes of decisions of lower courts
Term
Define civil rights
Definition
Rights that embody the right to equal treatment under the law
Term
Equality of opportunity versus equality of outcome
Definition
Equality of opportunity means that everyone gets a chance to qualify or fail to qualify.
Equality of outcome means that some people must be hired on the basis of who they are (i.e. gender, race, mobility etc.) rather than what they can do. In other words, a quota system.
Term
The Thirteenth Amendment
Definition
Abolishes slavery and involuntary servitude, except as punishment for a crime
Term
The Fourteenth Amendment
Definition
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Term
The Fifteenth Amendment
Definition
Prohibits the denial of suffrage based on race, color, or previous condition of servitude
Term
The Civil Rights Cases (1883)
Definition
The Supreme Court said the Civil Rights Act of 1875 was unconstitutional. They said the law could only outlaw discrimination within the federal government.
Term
Plessy v. Ferguson (1896)
Definition
Supreme Court decision declaring separate but equal public facilities constitutional.
Term
NAACP and Civil Rights Litigation
Definition
-Started with court movements about law school admissions
-Thurgood Marshall was the leader of the court movements
-Strict scruitiny
-Used reasoning that black children felt inferior by being segregated
Term
Brown v. Board of Education I (1954)
Definition
Supreme Court decision declaring racial segregation in schools unconstitutional
Term
The Civil Rights Act of 1964
Definition
Prohibits segregation in public accommodations. Prohibits discrimination in education and employment.
Term
The Voting Rights Act of 1965
Definition
outlawed discriminatory voting practices in the states
Term
De jure segregation
Definition
Racial segregation that is legally sanctioned.
Term
De facto segregation
Definition
Segregation that occurs as the result of decisions by private individuals.
Term
Affirmative Action
Definition
Programs designed to enhance opportunities for race- or gender- based groups that have suffered discrimination in the past.
Term
Nineteenth Amendment
Definition
Establishes women's suffrage.
Term
Strict Scrutiny
Definition
a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest, it's not the least restrictive means for achieving that interest, and it's not narrowly tailored to achieve that goal
Term
Equal Rights Amendment
Definition
constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender
Term
Discrimination in the workplace
Definition
-1989: Ward’s vs. Antonio
-Title VII
-Civil Rights Act of 1964
Term
Intermediate/heightened scrutiny
Definition
Used by the Supreme Court in cases challenging gender inequality; the law or policy must show an important government interest and the means must be substantially related to achieving those ends
Term
Rational Basis
Definition
any other kind of discrimination by government must be a legitimate state interest and the means must be reasonable for achieving those ends
Term
Civil Rights Act of 1875
Definition
Congress passed a law outlawing segregation in theaters, restaurants, public transportation places, etc. It prevented blacks from being excluded from jury duty
Term
Define Civil liberties
Definition
The fundamental freedoms that together preserve the rights of a free society
Term
Define Civil rights
Definition
Rights that embody the right to equal treatment under the law
Term
Selective incorporation
Definition
The case-by-case process through which the Supreme Court applies the Bill of Rights to the states by invoking the due process clause of the Fourteenth Amendment.
Term
The Civil War and the Bill of rights
Definition
-Few civil liberties before the civil war
-Bill of Rights only applied to the federal government not to the states
-Fifth Amendment: limited the federal government but not those of the states
-Barron vs. Biltmore: civil liberties could not be applied
Term
Fundamental freedoms doctrine
Definition
Constitutional provisions like free speech, press, etc. ought to be given special preference because they are basic to the functioning of a democratic society.
Term
Freedom of speech
Definition
The right to express any opinions without censorship or restraint.
Term
Pure Speech
Definition
Verbal communications of ideas and opinions
Term
Symbolic speech
Definition
An act that conveys a political message
Term
Strict scrutiny
Definition
a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest, it's not the least restrictive means for achieving that interest, and it's not narrowly tailored to achieve that goal
Term
Categories of unprotected speech
Definition
obscenity, libel, slander, sedition, fighting words
Term
Rights of the criminally accused
Definition
-Protection from unreasonable searches and seizure
-Protection against self-incrimination
-Impartial Juries
-Right to Counsel
-Double Jeopardy
-No cruel and unusual punishment
Term
Search and seizure
Definition
Where the fourth amendment states that law enforcement must have probable cause to search personal affects; can only take what they went into search for
Term
Exclusionary Rule
Definition
Legal standard that says illegally obtained evidence cannot be admitted in court.
Term
Miranda warnings
Definition
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court law.
3. You have the right to talk to a lawyer and have him present with you while you are being questioned.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.
5. You can decide at any time to exercise these rights and not answer any questions or make any statements.
Term
Right to Counsel
Definition
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel (i.e. lawyers), and if he cannot afford his own lawyer, requiring that the government should appoint one for him, or pay his legal expenses.
Term
When must the government provide a criminal defendant with an attorney?
Definition
When the criminal defendant cannot afford his own lawyer
Term
Cruel and unusual punishment
Definition
Punishment that does not fit the nature of the crime, prohibited by the eighth amendment
Term
Right to a speedy, public trial by an impartial jury.
Definition
a civil right guaranteed by the 6th amendment to the US Constitution
Term
When is the death penalty considered cruel and unusual punishment?
Definition
o Underage
o Mental capacity
o Has nothing to do with death
Term
Free exercise of religion
Definition
practicing religion without government interference
Term
Freedom from establishment of religion
Definition
Denies government power to establish one religion and limit the practicing of religions
Term
Lemon Test
Definition
Supreme Court standard for determining whether the First Amendment's establishment of religion clause has been violated.
Term
Endorsement Test
Definition
forbids governmental practices that a reasonable observer would view as endorsing religion; championed by Sandra Day O'Connor
Term
Coercion Test
Definition
violates establishment clause if it provides direct aid to religion in a way that would establish a state church or coerces people to support or participate in a certain religion against their will
Term
Writ of Habeus Corpus
Definition
Court ordered mandate that gives reason for detaining a person for 48 hours
Term
Read page 482 6th amendment
Definition
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