Civil Rights and Civil Liberties

court of last resort

Due to its appellate jurisdiction, the Supreme Court is often referred to as

Due Process Clause

14th Amendment guarantees that no state will violate the rights to the accused granted in the Bill of Rights

Free Exercise Clause

1st Amendment guarantees individuals the right to practice their religion

Establishment Clause

1st Amendment guarantees that the government will have no official religion

freedom of assembly

1st amendment

right to bear arms

2nd amendment

right to not self-incriminate

5th amendment

right to an attorney

6th amendment

right to not be treated cruelly or with unusual punishment

8th amendment

Single opinion; majority opinion

A decision of the Supreme Court (the holding), must either be a ____ or _____.

Concurring Opinion

A separate opinion by member(s) of the majority that is not precedent

Judicial Review

A term used to describe the authority of the courts determine the constitutionality of laws.

False

Civil Rights are protections from government, while with Civil Liberties government is protecting citizens from unfair treatment from states, corporations, organizations, or citizens.

True

Federal judges serve for life

Original Jurisdiction

Few Supreme Court cases come from this authority granted in the Constitution.

True

For both civil courts and criminal courts, a bench trial can be chosen by the defendent rather than a jury trial.

1st amendment

Freedom of Speech

With _____, the Federal Government hopes to overcome effects of past discrimination.

affirmative action

Appellate Jurisdiction

Most Supreme Court cases come from this authority granted in the Constitution

False

On cases involving disputes between the the legislative and executive branches, the Supreme Court always uses its authority to resolve the dispute.

The main purpose of the exclusionary rule is to

deter police misconduct

The Due Process Clause of the 14th Amendment guarantees that

States will not deny people any basic or essential liberties

Political Question Doctrine

Supreme Court passes case onto another branch of government

Remand

Supreme Court returns case to a lower court to make a decision

Bill of Attainder

Term used to describe an unconstitutional act of a law that seeks to imprison without court proceedings.

True

The 13th Amendment to end slavery, the 14th Amendment granting equal rights to all citizens, and the 15th Amendment guarenteeing the right to vote, did not resolve most civil rights matters in the United States.

False

The civil liberty of free speech, freedom of religion, and the right to bear arms, applied to the states after the Bill of Rights ratification in 1781.

Holding/Rationale

The majority opinion that becomes precedent

Dissenting Opinion

The opinion of a member(s) of the minority

The Supreme Court may remand a case to its original jurisdiction for retrial.

True

Jurisdiction

a court's authority to hear a case

Rule of 4

a term used to describe the method of a near majority of justices approve issuing a writ of certiorari

Common Law

a type of law of the court involving precedent

Statutory Law

a type of law written by the legislature

Incorporation Doctrine

applying individual constitutional rights to the states

Writ of Habeas Corpus

applying individual constitutional rights to the states

Amicus Brief

arguments presented by neither the plantiff nor defendant, but by friends of the court

The Free Exercise Clause gives people the right to

believe whatever they choose in matter of religion

Friend of the Court Brief

formal name is an Amicus Brief

4th Amendment

freedom from unreasonable search and seizure

1st Amendment

freedom of religion

Civil Liberties

freedom of speech, religion, press; right to bear arms, an attorney, a fair trial, against cruel and unusual punishment

1st Amendment

freedom of the press

Exclusionary Rule

law that throws out evidence obtained illegally

Title IX

of the Education Amendments Act of 1972 is a federal law that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistanc

The right to bail is based on the

presumption of innocence

Miranda Rights

protection related to the right to remain silent and right to counsel

Mootness

term used to describe denial of writ of certiorari because case is no longer relevant

Standing

term used to determine if a request for a writ of certiorari has been brought forth by the proper party

Petitioner

the party who brings forth the court case before the Supreme Court

Respondent

the party who is required to answer a petition of the Supreme Court

Civil Rights

when government insures rights are guaanteed to ALL people

Libel and Slander

written and spoken false statements intended to damage a persons reputation

Brief

written argument by the petitioner, respondent, or friend of the court