Unit 5 Review

which amendment forbade slavery?

13

the concept of equality before the law was introduced to the constitution by the _______ amendment

14th

which amendment states "the right of citizens to vote shall not be abridged by the united states..."

15

The freedom of speech, press, religion, assemble, and petition are contained in the ___ amendment

1st

Each court of appeals normally hears cases in panels consisting of ____ judges

3

during oral arguments at the supreme court, each side is permitted _____ minutes to present its case.

30

It takes ____ justices to agree to grant a review of a case.

4

Approximately ____ cases are submitted to the Supreme Court each year.

8,000

Which of the following is provided by the USA Patriot Act?

A. powers to examine a terrorist suspect's records held by doctors, universities etc. B. Eased restrictions on domestic spying for counter terrorism C. Allowed agents to monitor political or religious groups without connection to criminal investigation ALL ARE CORRECT!

A court brief submitted by those not involved in a case; translates to "Friend of the Court"

Amicus Curie

Case that established the principle of one man, one vote. This decision created guidelines for apportionment, drawing up congressional districts to guarantee a more equitable system of representation to the citizens of each state. - The case also decided the Supreme Court had jurisdiction over questions of legislative apportionment.

Baker v Carr

the "separate but equal" doctrine as it applies to public education is unconstitutional; separate schools are inherently unequal. the court overturned plessy v. gerguson. the question before the court was if it was okay to have schools based on race, that were not equal. it integrated schools.

Brown v Board

a landmark united states supreme court case in which the court held that the first amendment prohibits the government from restricting independent political expenditures by corporations and unions.

Citizens United v FEC

Advertising is considered a form of ______, and , according to the decisions of the Supreme Court, is subject to greater restrictions on free speech than religious or political speech

Commercial Speech

An opinion from a justice agreeing with the majority opinion on a case, but on separate constitutional or legal basis

Concurring

The 6th amendment deals with _____, the 7th amendment with _____

Criminal court procedures; trial by jury

The only federal courts in which trials are held and in which juries may be impaneled are (hint" this is the court where Mr. Vreeland served jury duty)

District Courts

The part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law is called the

Due Process Clause

a state authorized students in its public schools to recite a short, voluntary prayer. the court found that prayer could not be mandated by public schools as it violated the establishment clause of the 1st amendment

Engel v Vitale

The 19th amedment

Gave Women the Right to Vote

the court ruled that in state trials, those who cannot afford an attorney will have one provided by the state, overturning Betts v. Brady. the question before the court was about sovereignty immunity.

Gideon v Wainwright

the united states is represented in civil cases in district courts by

U.S. Attorney

In a 5-4 decision, the Supreme Court affirmed the decision of the Court of Appeals. It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale.

US v Lopez

What law was designed to end formal barriers to suffrage for African Americans?

Voting Rights Act of 1965

case in which the U.S. supreme court ruled (7-0) that compulsory school attendance law was unconstitutional when applied to the amish, because it violated their rights under the first amendment, which guaranteed the free exercise of religion

Wisconsin v Yoder

The legal concept through which the Supreme Court has nationalized the Bill of Rights is called the

Incorporation Doctrine

How long is the term of a federal judge or justice?

Lifetime

The court established its role as the arbiter of the constitutionality of federal laws, the principle is knows as judicial review.

Marbury v Madison

the courts ruled that the states could not tax the federal government, i.e. the bank of the united states; the phrase "the power to tax is the power to destroy"; federal government is supreme to the states (supremacy clause); confirmed the constitutionality of the bank of the united states (elastic clause).

McCulloch v Maryland

A landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

McDonald v Chicago

The court reaffirmed its position of prior restraint, refusing to stop the publication of the pentagon papers. the question before the court was about publishing work, it was tied into the freedom of speech.

New York Times v US

Women have an absolute right to an abortion in the first trimester of pregnancy based on constitutionally protected right of privacy, the state can impose restrictions in the second and third trimesters. the question before the court was if women got the right to choose to abort their pregnancy or not.

Roe v Wade

The _________ is the final interpreter of the content and scope of Americans' civil liberties

SCOTUS

defendant mailed fliers to draftees during WWI urging them to protest the craft peacefully. was convicted of violating a federal law against encouraging the disobedience of military orders. oliver wendel holmes wrote in the opinion that such speech was not protected during wartime because it would create a clear and present danger, establishing a standard for measuring what would and would not be protected speech. the question before the court was the line between the effect of freedom of speech and national draft orders.

Schenck v US

The women's rights movement was most famously launched with the signing of the

Seneca Falls Declaration

a landmark case in the area of redistricting and racial gerrymandering. the court ruled in a 5-4 decision that redistricting based on race bust be held to a standard of strict scrutiny under the equal protection clause. on the other hand, bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the voting rights act of 1965.

Shaw v Reno

When a court rules an earlier decision should hold or the case being considered this is called

Stare Decisis

A written opinion in a Supreme Court case is a

Statement of legal reasoning behind opinions

the court ruled that wearing black armbands in protest of the vietnam war was symbolic speech, protected by the first amendment. the question before the court was about the 1st amendment.

Tinker v Des Moines

the 2nd amendment provides the right to

bear arms

De Jure means

by law

policies that extend basic rights to protect people against arbitrary or discriminatory treatment by government or by other individuals are called

civil rights

made racial discrimination illegal in public accommodations throughout america.

civil rights act of 1964

the 8th amendment forbids

cruel and unusual punishment

the entry point for most litigation is in one of the ______ courts

district

The establishment of a national or official religion is prohibited by the

establishment clause

the fifth amendment forbids

forced self-incrimination

a shield law

gives reporters the right to withhold information from the courts

civil liberties are legal and constitutional protections from

government

De facto means

in reality

The requirement that cases must be capable of being settled as a matter of law rather than on other grounds is known as

justiciable dispute

in a typical year the supreme court typically issues ______ formal written opinions.

less than 100

The publication of statements known to be false that are malicious and tend to damage a person's reputation is called

libel

class action law suits

permit a small number of people to sue on behalf of all other people similarly situated

the 24th amendment, ratified in 1964, prohibited the use of

poll taxes in federal elections

using the way similar cases were handled in the past as a guide to current decisions

precedent

The act by which government can prevent material from being published is called

prior restraint

what are the three levels of scrutiny used by the supreme court to discover whether discrimination is permissible?

reasonable, inherently suspect, and the intermediate standard

courts with appellate jurisdiction

review the legal issues involved in a case

a written authorization from a court specifying the area to be searched and what the police are searching for is called a(n)

search warrant

The bill of rights was written and proposed at by

the first congress of the united states 1787

in federalist #78, hamilton aruges

the judicial branch is the weakest branch, but a necessary component to check the legislative and executive branches.

Litigants are

the plaintiff and defendant

Standing to sue refers to

the requirement that plaintiffs have a serious interest in case

who is the third ranking member of the department of justice in charge of the appellate court litigation of the federal government?

the solicitor general

courts of original jurisdiction are

trial courts

obtaining evidence in a haphazard or random manner, in violation of the 4th amendment, is known as

unreasonable search and seizure

suffrage refers to

voting

in dealing with first amendment cases involving religion, the supreme court has ruled that

while all religious beliefs are constitutionally protected, all religious practices are not

Which of the following was a method used to discourage or prevent African Americans from voting?

a. White primaries b. Poll taxes c. Literacy tests d. All of these and more (such as intimidation through beating/lynching), correct answer is D