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| guard the individual freedoms that all citizens have |
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| a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case |
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| First court to hear a case. Witness testify, evidence is presented. Finders of facts. |
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| Review decisions of other courts. No witness testimony or new evidence presented. They're purpose is to review questions of law. |
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Government vs Private party
Punishment vs Compensation |
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| Federal court jurisdiction |
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| the constitutionality of a law; cases involving the laws and treaties of the U.S.; ambassadors and public ministers; disputes between two or more states; admiralty law; and bankruptcy cases. |
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| The authority of a court to hear a case |
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| Exclusive versus concurrent |
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| Concurrent is when a case can be tried in more than one court legally. |
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| Mandatory versus discretionary |
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| Mandatory is when a court has to hear a case; discretionary is when the court can choose which cases to hear |
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| the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary |
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| Organization of the American legal system |
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| Federal vs State Courts (jurisdiction) |
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| in legal parlance a court’s written explanation of its decision |
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| one who brings a complaint or suit against another |
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| one accused of violating civil or criminal code |
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| laws that regulate the legal rights and obligations of citizens with regard to one another. Alleged violators are sued by presumed victims, who ask courts to award damages and otherwise offer relief for injuries they claim to have suffered |
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| person responsible for processing criminal cases |
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| Supreme Court decisions (1803) in which the court first expressed the power of judicial review |
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| a theory of constitutional interpretation that determines the constitutionality of a law by ascertaining the intentions of those who wrote and ratified the Constitution |
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| Plain-meaning-of-the-text theory |
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| a theory of constitutional interpretation that determines the constitutionality of a law in light if what the words of the Constitution obviously seem to say |
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| Living-constitution theory |
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| a theory of constitutional interpretation that places the meaning of the Constitution in the context of the total history of the United States |
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| the judicial act of interpreting and applying the laws of Congress and the states, rather than the Constitution, to particular states |
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| the lowest tier of the federal court system and similar to the trial courts that exist in each state |
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| court to which decisions by federal districts are appealed |
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| Decision (1819) in which the Supreme Court first used judicial review to declare a state law unconstitutional |
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| person responsible for prosecuting violations of the federal criminal code |
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| placing someone on trial for the same crime twice |
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| politicizing the nomination process through an organized public campaign that portrays the nominee as a dangerous extremist |
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| in court rulings, it refers to reliance on consistency with precedents |
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| previous court decision or ruling applicable to a particular case |
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| the legal difference between a case at hand and previous court decisions |
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| the procedure whereby the losing side asks a higher court to overturn a lower-court decision |
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| the overturning of a lower-court decision by an appeals court or the Supreme Court |
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| Writ of certiorari (cert) |
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| a document issued by the Supreme Court indicating that the Court will review a decision made by a lower court |
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| a Supreme Court practice that permits four of the nine justices to grant a writ of certiorari |
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| one of the eight justices of the Supreme Court who are not the chief justice |
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| head of the Supreme Court |
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| government official responsible for presenting before the courts the position of the presidential administration |
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| young, influential aid to the Supreme Court |
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| written legal arguments presented to a court by lawyers on behalf of clients |
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| activities of a court in which all judges participate, in which all judges participate; in the case of the Supreme Court, the chief justice presides |
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| written opinion presenting the reasoning of judges who vote against the majority |
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| 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 |
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| to send a case to a lower court to determine the best way of implementing the higher court’s decision |
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| doctrine that says the principle of stare decisis should sometimes be sacrificed in order to adapt the Constitution to changing conditions |
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| doctrine that says courts should, if at all possible, rule narrowly and avoid overturning a prior court decision |
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| court official who has the authority to see that judicial orders are carried out. |
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| The current Chief Justice of the Supreme Court is |
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| The Supreme Court is made up of - Chief Justice and - Associate Justices |
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| the fundamental freedoms that together preserve the rights of free people |
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| redefined civil rights and civil liberties |
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| Right to vote for all male citizens |
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| Due Process Clause – found in the 5th and 14th Amendments to the Constitution |
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| forbids the deprivation of life, liberty, or property without due process of law |
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| 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 14th Amendment |
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| the suppression of minority opinions by those voted into power by the majority |
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| a rule from English law saying that expression could be punished if it could ultimately lead to illegal behavior |
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| Clear and present danger doctrine |
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| the principle that people should have complete freedom of speech unless their language endangers the nation |
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| the principle, endorsed by the Supreme Court in Chaplinsky v. New Hampshire (1942), that some words constitute violent acts are therefore not protected under the 1st Amendment |
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| the principle enunciated by the Supreme Court that freedom of speech must be balanced against other competing public interests at stake in particular circumstances |
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| Fundamental freedoms doctrine |
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| a judicial doctrine stating that laws impinging on the freedoms that are fundamental to the preservation of democratic practice – the freedoms of speech, press, assembly and religion – are to be scrutinized by the courts more closely that other legislation. These are also termed the preferred freedoms |
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| legal doctrine that gives individuals the right to publish without prior restraint – that is, without first submitting material to a government censor |
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| advertising or other speech made for business purposes; may be regulated |
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| publicly offensive language or portrayals with no redeeming social value |
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| a false statement defaming another |
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| Establishment of religion clause |
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| denies the government the power to establish any single religious practice as superior |
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| Free exercise of religion clause |
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| protects the right of individuals to practice their religion without government interference |
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| Separation of church and state |
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| the principle that a wall should separate the government from religious activity |
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| Supreme Court standard for determining whether the 1st Amendment’s establishment of religion clause has been violate |
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| legal standard that says illegally obtained evidence cannot be admitted in court |
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| Supreme Court decision stating that accused persons must be told by police that they need not testify against themselves |
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| to house jurors privately during a criminal trail, keeping them away from any information about the crime other than that presented in the courtroom |
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| specific rights that embody the general right to equal treatment under the law |
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| Supreme Court decision declaring separate but equal public facilities constitutional |
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| Brown v. Board of Education of Topeka, Kansas |
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| 1954 Supreme Court decision declaring racial segregation in schools unconstitutional |
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| racial segregation that is legally sanctioned |
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| segregation that occurs as the result of decisions by private individuals |
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| programs designed to enhance opportunities for race- or gender- based groups that have suffered discrimination in the past |
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| proposed amendment to the Constitution that banned gender discrimination |
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| is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it |
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| Barron v. Baltimore (1833) |
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| is a United States Supreme Court case in which the Court established a precedent on whether the United States Bill of Rights could be applied to state governments. |
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| Gitlow v. New York (1925) |
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| was a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states |
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| Incorporation of the Bill of Rights |
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| is the process by which American courts have applied portions of the U.S. Bill of Rights to the states |
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| Written and spoken words that fall within the scope of protection provided by the FIRST AMENDMENT to the Constitution |
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| conduct that is designed to express an opinion |
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| a method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification. |
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| asks whether a particular government action amounts to an endorsement of religion |
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| evidence collected illegally is not permissible in court |
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| is the most stringent standard of judicial review used by United States courts |
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| The Voting Rights Act of 1965 |
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| is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S. |
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| The Civil Rights Act of 1964 |
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| was a landmark piece of legislation in the United States[1] that outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and women |
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| The Civil Rights Cases (1883) |
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| were a group of five similar cases consolidated into one issue for the United States Supreme Court to review. The Court held that Congress lacked the constitutional authority under the enforcement provisions of the Fourteenth Amendment to outlaw racial discrimination by private individuals and organizations, rather than state and local governments |
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