Con Law fill in the blank

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

The free exercise of religion involves both the freedom to believe and the freedom to ______ .

Act

___________ programs are sometimes referred to as ethnic-preference or gender-preference programs.

Affirmative Action

The ________ is the belief that through hard work, anyone can have success and ample material possessions.

American Dream

________________describes the authority of a court to review cases, and to either affirm or reverse the actions of a lower court.

Appellate Jurisdiction

The judicial power of the Supreme Court can be found in ________ of the Constitution.

Article 3

It can be interpreted from The Federalist Papers that the Supreme Court was assigned the task of practically overseeing the _________ .

Bill of Rights

The ________________ was an event orchestrated by colonists, who boarded British ships and threw the cargo of tea into the harbour, because of an unwillingness to pay taxes without representation.

Boston Tea Party

________________ discrimination describes a situation in which racial minorities are treated more harshly at some points and in some places in the criminal justice system, but no differently than whites at other points and in other places.

Contextual

__________ are statements by a court that do not deal with the main issue in the case, or are additional discussions by the court.

Dicta

The government is prohibited from unfairly or arbitrarily denying a citizen fundamental or constitutionally protected rights under ______ of the law.

Due Process

The Constitution established the U.S. government as a(n) ____________, not a democracy.

Federal Democratic Republic

Historically, freedom of the press has been attached to the general concept of _________ .

Freedom of Speech

The agreement reached in drafting the U.S. Constitution, which gave each state an equal vote in the Senate and a proportionate vote in the House, was known as the ____________________.

Great Compromise

____________ segregated blacks from whites in schools, restaurants, and even cemeteries.

Jim Crow Laws

England's historic______ , a precedent for democratic government and individual rights, played an important role in the framing of the United States Constitution.

Magna Carta

In 1803, the United States Supreme Court established its power of judicial review in the case of ________

Marbury v. Madison

In the case of ________________, the Supreme Court determined that it could reverse state court decisions involving federal legal issues.

Martin v. Hunter Lessee

Wrongs that disrupt the status quo of the community are called crimes, and criminal laws are found in each state's _______________.

Penal Code

One of the first attempts to regulate the press came in 1971, when the U.S. government attempted to halt publication of the _______________ on the grounds that it could endanger national security.

Pentagon Papers

__________is an attitude; discrimination is a behavior.

Prejudice

The ___________________ has protected religious practices from undue governmental restrictions and has broad applications (such as the regulation of hiring and firing decisions based on an employee's religious practices).

Religious Freedom Restoration Act

278. The right of the people to "keep and bear arms" is contained in the ______ Amendment.

Second

The ____________was established vertically, through the separation of power between the federal government and the states, and laterally, through the three branches of government.

Seperational Power

______________________ is a rigid interpretation of a law not likely to expand the specifically set forth law of the particular statute.

Strict Construction

Under the Constitution, laws themselves must be fair to be consistent with________ .

Substantive Due Process

A form of speech that expresses an idea or emotion without the use of words is known as _______

Symbolic Speech

After the Civil War, many Southern states continued discrimination by passing __________ , which forbade blacks to vote, serve on juries, hold certain jobs, move freely, own firearms, or gather in groups.

black codes

The constitutionality of prison regulations that restrict prisoners' First Amendment rights are judged by using a ________test.

Turner

In the post-Civil War case of _________________, Congress reserved the right to limit the jurisdiction of federal courts, including the Supreme Court.

U.S. v. Cline

__________is a Latin term that means "to be informed."

certiorari

Though slavery was abolished in all territories in 1862, racial turbulence persisted and, later, Congress passed the Fourteenth Amendment, which gave blacks ________________.

citizenship

Early English judge-made law, based on customs and traditions that followed throughout the country, is known as ____________.

common law

The comparing and contrasting of laws to expand understanding of law and legal theory is known as ___________ law.

comparative

. In 1863, President Lincoln declared free all the slaves in the rebelling states in the ___________ .

confederacy

Over-representation of racial and ethnic minorities in arrest, prosecution, imprisonment, and capital punishment, as both the product of inequality and an expression of prejudice against minorities, may be explained by ______ theory.

conflict

Decisions that favor the government's interest in prosecuting and punishing offenders over the recognition or expansion of individual rights tend to be classified as _______ decisions.

conservative

A belief in a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule is known as ____________.

constitutionalism

Statutory law can also be referred to as ____________ because it is set forth in organized, structured codes (such as the U.S. Criminal Code or the criminal code of a specific state).

cotified

.The ________ Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment.

eighth

Similarly situated people are treated in similar ways in the legal system under _____of the law.

equal protection

Since the Bill of Rights was ratified in 1791, only seventeen amendments have been ratified, including the _____________ Amendment, which ensured the right to vote regardless of race.

fifteenth

The Supreme Court defines ______________________ as those "personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction."

fighting words

The _________ Amendment guarantees that states shall not deny any person due process or equal protection of the law.

fourteenth

In Dred Scott v. Sanford, the Supreme Court ruled that even _______ could not be citizens and they had "no rights which a white man was bound to respect."

free blacks

In determining when speech should not be protected, the courts replaced the clear and present danger test with the _______test.

imminent lawless action

The justices not only render decisions, they also _____ the Constitution.

interpret

__________ describes the authority of a court to hear cases first, try them, and render decisions.

jurisdiction

In the Brown v. Board of Education of Topeka decision, the Supreme Court ruled that "separate but equal" ________were illegal.

laws

Differences leading to disparity can be explained by ________________ related to an individual's actions, including the seriousness of the offense, aggravating or mitigating circumstances, or prior criminal record.

legal factors

The president nominates Supreme Court Justices, but the ___________ branch confirms or denies the nomination.

legislative

A Supreme Court appointment is a _______________ appointment.

lilfetime

In upholding the free speech right of anonymous pamphleteering, the Supreme Court held that "Anonymity is a shield from the tyranny of the __________ ."

majority

The term ________ refers to the interaction and assimilation that occurred over time among the colonists.

melting pot

A(n) ______________ is a written statement by the court explaining its decision in a given case, usually including the legal issues or points of law involved.

opinion

Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as _________

ordinances

Courts with general jurisdiction may hear a wide range of cases, whereas those of _________jurisdiction hear a much narrower range of cases.

original

The Supreme Court has jurisdiction over cases that reach it on appeal and cases over which it has __________ jurisdiction.

original

Colonists who supported the boycott of British goods in the colonies were known as _________, because they vowed allegiance to America rather than to the British monarchy.

patriots

Stare decisis is a common law doctrine requiring that ________ set in one case shall be followed in all cases having the same or similar circumstances.

precedent

Balancing society's need for law and order and for effective law enforcement against the ________of individuals is known as the balancing test.

privacy rights

To ____________ means to make law through a legal process.

promulgate

Verbal or written methods of communication (such as delivering a speech or authoring a book) are protected forms of speech known as ________________.

pure speech

The contention that police single out subjects based solely on the color of their skin frequently leads to allegations of _________

racial profiling

During ________ , the justices consider administrative matters and write opinions, but do not hear cases.

recesses

Combined with the Fourth Amendment's guarantee to be free from "_______________," people have an expectation that they can gather to interact, speak among themselves, and make their thoughts and ideas known.

search and seizures

The incorporation doctrine is also known as the doctrine of _________ incorporation.

selective

_____________ refer to periods during which the Supreme Court actually hears cases.

sittings

The issue of ____________ was omitted during the Constitutional debates, because the framers knew the document would not be ratified by the Southern states if they dealt with the slavery issue.

slavery

No rights are absolute, so government can regulate them when ________ outweigh the rights of the individual.

social interests

In regard to strict scrutiny and prisoners' rights, the burden of proof falls to the ____________ to show the law is narrowly tailored to fit a compelling government interest.

state

The Supreme Court has jurisdiction in cases dealing with foreign dignitaries and in cases involving legal disputes between ____________.

states

Attempting to persuade individuals to ratify the Constitution, political leaders such as Alexander Hamilton, James Madison, and John Jay wrote powerful collection of essays called _________________.

the federalists papers


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