Gov H. Module 7 Cards

Brown v. Board of Education of Topeka

"separate but equal" is unconstitutional

What are the steps to become a Supreme Court justice?

-One, an empty slot needs to be made in the Supreme Court. -Two, the President nominates someone for a vacancy on the Court. -Three, a small group within the Senate analyzes the candidate and reports the information to the full Senate. -Four, the Senate holds a hearing to decide if the candidate should be considered. -Lastly, the Senate performs a majority-wins vote.

Examples of Special Courts

-U.S. Tax Court -U.S. Court of Federal Claims -U.S. Court of Appeals for Veteran Claims

Fifth Amendment

-a requirement for a grand jury indictment in most cases -protection from double jeopardy -protection from self-incrimination -just compensation if the government takes private property for public use

Fourteenth Amendment

-guaranteed citizenship to all persons born or naturalized in the United States; -protection of "privileges and immunities;" -protection of "due process;" -and equal protection of the laws.

United States citizenship is defined in the Constitution by the...

14th Amendment

Summary of Bethel Case

At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational process...including the use of obscene, profane language or gestures." Fraser was suspended from school for two days. The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

Why do you think Congress has seen a need to create special courts instead of sending all federal cases to the regular courts?

Congress created the special, or legislative, courts to help exercise its powers as spelled out in Article I. these courts have narrowly defined jurisdictions. federal courts hear cases based upon subject matter or the parties involved in the cases.

Which amendment in the Bill of Rights provides that a person cannot be tried twice for the same crime?

Fifth Amendment

The protections of the law from discrimination are included within..

Fifth Amendment, Fourteen Amendment, and the Civil Rights Act of 1984

Which amendments contain a safeguard from the possible denial of life, liberty or property by the government?

Fifth and Fourteenth Amendment

Identify the different types of special courts and an example of a typical case each court might handle.

First, The United States Tax Court is a court of record established by Congress under Article I of the U.S. Constitution. When the Commissioner of Internal Revenue has determined a tax deficiency, the taxpayer may dispute the deficiency in the Tax Court before paying any disputed amount. Two, The U.S. Court of Federal Claims has "jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort." Lastly, The U.S. Court of Appeals for Veteran Claims is a national court of record, established under Article I of the Constitution of the United States. The Court has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans' Appeals, an entity within the Department of Veterans Affairs.

Summary of Tinker Case

In 1965, a group of students in Des Moines held a meeting in the home of Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Year's Eve. The principals of the Des Moines school learned of the plan and met on December 14 to create a policy that stated that any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension. On December 16, Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day, John Tinker did the same with the same result. The students did not return to school until after New Year's Day, the planned end of the protest. Through their parents, the students sued the school district for violating the students' right of expression and sought an injunction to prevent the school district from disciplining the students. The district court dismissed the case and held that the school district's actions were reasonable to uphold school discipline. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision without opinion. This demonstrates that students do not lose their First Amendment rights when they step onto school grounds, such as this right to free speech, which the school was violating. The students have the right to wear the black armbands on them and telling them they could not was violating their civil rights.

According to the Declaration of Independence, Jefferson's phrase "life, liberty, and the pursuit of happiness" was similar to a phrase written much earlier by whom?

John Locke

Which court case established the power of judicial review?

Marbury V. Madison

The court case that declared "separate but equal" lawful was...

Plessy v. Ferguson

Who is the district court for Clark County, Nevada?

Regional Justice Center

Which section in Article 1 gives Congress the power to create Special Courts? (ASK)

Section 8

Which of the first ten amendments guarantees the defendant an attorney?

Sixth Amendment

What is the highest court in Nevada?

Supreme Court of Nevada

What is the highest court in America?

Supreme Court of the United States

Civil liberties can be found in...

The Bill of Rights

Summary of Hazelwood Case

The Spectrum, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students. In May 1983, Robert E. Reynolds, the school principal, received the pages proofs for the May 13 issue. Reynolds found two of the articles in the issue to be inappropriate, and ordered that the pages on which the articles appeared be withheld from publication. Cathy Kuhlmeier and two other former Hazelwood East students brought the case to court. The Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech. The Court held that schools must be able to set high standards for student speech disseminated under their auspices, and that schools retained the right to refuse to sponsor speech that was "inconsistent with 'the shared values of a civilized social order.'"

If a case is appealed after being heard in the District Federal Court for the District of Nevada, the case goes to...

The United States Court of Appeals, 9th Circuit

Which courts are considered among the most powerful and influential courts because of their ability to set legal precedent?

The United States Court of Appeals, 9th Circuit

Summary of Board of Education vs. Mergens Case

The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor. When the school board upheld the administration's denial, Mergens and several other students sued. The students alleged that Westside's refusal violated the Equal Access Act, which requires that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages. On appeal from an adverse District Court ruling, the Court of Appeals found in favor of the students. The Supreme Court granted Westside certiorari. In distinguishing between "curriculum" and "noncurriculum student groups," the Court held that since Westside permitted other noncurricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after-school club based on the content of its speech. The proposed Christian club would be a noncurriculum group since no other course required students to become its members, its subject matter would not actually be taught in classes, it did not concern the school's cumulative body of courses, and its members would not receive academic credit for their participation.

Identify the 5 freedoms established in the First Amendment of the U.S. Constitution.

These five freedoms include our freedom of speech, freedom of the press, freedom to petition, freedom of religion, and freedom of assembly.

Who is the federal district court for the State of Nevada?

U.S. District Court, District of Nevada

Who decides appeals from the district courts within its federal circuit?

United States Court of Appeals

What happens to students' rights when they step onto school grounds?

While students do not lose their constitutional rights "at the schoolhouse gate," they do not have unlimited First Amendment rights. According to the Supreme Court, students do not possess the same level of constitutional rights as adults. While students are on school grounds, the authority in power has greater control to dictate policy when it acts in certain capacities, such as principal or educator. In other words, a student can be disciplined for cursing at a teacher in the hallway, however, the principal has limited power to punish a student for doing the same thing off campus.

Docket

a calendar or list of cases for a trial or people having cases pending (most can be viewed online before the day's proceedings).

How are judges and justice different?

a judge presides over the lower courts like the district court in your area while a justice is a member of the supreme court, which is the highest level of court. justices are nominated by the executive branch and appointed by the legislative branch.

The U.S. Constitution created the Supreme Court of the United States. How were the other courts created?

acts of Congress

A person can become a citizen of the United States by...

birthright, right of the blood, and naturalization.

Federal courts hear cases between...

citizens, citizens and states, and citizens and the federal govt.

What is the difference between a civil and criminal case?

civil cases typically involve private disputes between persons or organizations while criminal cases involve an action that is considered to be harmful to society as a whole.

Inferior Courts

comprised of the lower federal courts beneath the Supreme Court and are created by Congress. they handle most of the cases tried in federal courts.

U.S. Court of International Trade

constitutional courts such as the U.S. Court of International Trade focus specifically on civil cases dealing with tariff and other trade related laws. Appeals from this court go directly to the Special Courts for appeal.

The Eighth Amendment forbids excessive bail, excessive fines, and...

cruel and unusual punishments

Eighth Amendment

excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Federal Courts

federal courts decide lawsuits between citizens of different states, cases against the United States, and cases involving specific federal laws.

Discuss the steps a case goes through to get to the Supreme Court.

first, the case is filed in a federal district court. then, the case is appealed to a federal court of appeals. after that, the case is appealed to the Supreme Court of the United States. the Supreme Court then has three options when a case has made its way to the highest court: it can allow the lower court ruling to stand, it can send the case back to the lower court to reconsider it, or it can agree to hear the case. parties usually petition the Court to issue a writ of certiorari, directing the lower courts to send the record of the given case for review. Cases can also reach the court through certificate. a certificate is issued when the lower court is not clear about the procedure or how the rule of law should apply in a particular case.

American Indian Movement

focused on human rights violations of Native Americans.

In addition to prohibiting excessive bail and fines, what other protection does the Eighth Amendment provide?

forbids excessive punishment

According to the Fifth Amendment, what is the result of an indictment by a Grand Jury?

formal charge against the accused

Sixth Amendment

guarantees a "speedy and public trial" by an impartial jury. It also guarantees someone the right to an attorney and the right to confront a witness.

Appellate Jurisdiction

higher courts have appellate jurisdiction and will only hear a case on appeal from a lower court.

Why do you think the process to get the Supreme Court requires so many steps?

i believe the process to get to the Supreme Court requires so many steps because, like Washington wanted, it ensures that the laws of the Constitution would be upheld and that the rights of the people would be protected.

Probable Cause

if a person shows probable cause, then there are reasonable grounds to warrant an action in response.

Naturalization

if someone wants to become a citizen of another country, they must go through the process of naturalization.

The Supreme Court has ruled that young people's First Amendment rights may be limited...

in school

Korematsu v. United States

internment camps were lawful in times of war for the safety of the country.

Indictment

issued by a grand jury is the formal, written statement of charges accusing a specific person of a crime.

Second Amendment

its original intention was to maintain the right for each state to keep a militia and many insist that the Second Amendment also includes the individual's right to bear arms.

Jim Crow Laws

laws designed to enforce segregation of black people and white people.

Swann v. Charlotte-Mecklenburg Board of Education

minorities must be bussed into desegregated schools to fulfill racial quotas.

Thirteenth Amendment

officially ended slavery in America in 1865.

Double Jeopardy

once a person has been tried for a crime, he or she cannot be tried again for the same crime.

What jurisdiction does the Supreme Court have?

original and appellate jurisdiction

Rochin v. California

procedural due prcoess

Malcolm X

promoter of black independence that felt peaceful demonstrations were not effective.

Griswold v. Connecticut

right to privacy

Vernonia School District 47J v. Acton

search and seize clause

United States v. Miller

second amendment

Women's Rights Movement

second wave of activism focused on ending discrimination in the workplace.

In 1954, the U.S. Supreme Court ruled in Brown v. Board of Education that _________ schools were unconstitutional.

segregated

State Courts

state and local courts are authorized to hear cases involving the laws and citizens of their state or city.

In 1957, a federal judge ordered Central High School, an all-white school in Little Rock, Arkansas, to admit African American students. One of the first African-Americans to integrate the school was 15 year old Elizabeth Eckford. How was Elizabeth greeted on her first day of school?

state militia raised their bayonets and barred her at the entrance.

Pierce v. Society of Sisters

substantive due process

The First Amendment protects not only pure speech, but also...

symbolic speech

Refer to the English Bill of Rights excerpt. Which provision of the document is included in the Eighth Amendment to the U.S. Constitution?

the "excessive bail" clause

According to the English Bill of Rights excerpt, which provision of the document is included in the First Amendment to the U.S. Constitution?

the "petition clause"

Miranda v. Arizona

the 5th Amendment guarantees protection against self-incrimination during an arrest.

What decides if a ruling is the law of the land?

the Supremacy Clause of the Constitution of the United States.

Civil Disobedience

the act of civil disobedience deliberately means to refuse to obey certain laws or demands of the government.

Jurisdiction

the authority of a court to hear a case.

District Courts

the federal trial courts in the United States. district courts have original jurisdiction over most cases heard in the federal courts and they hear up to 80% of the federal case load and range from criminal and civil cases. the federal court districts are broken up into circuits and district courts are the only courts to regularly use a grand jury.

The Supreme Court has found that a law requiring parents to send their children to public high schools violates which clause of the First Amendment?

the free exercise of religion clause

Fourth Amendment

the government can not quarter soldiers in private homes in peacetime without the owner's consent.

Third Amendment

the government can not quarter soldiers in private homes in peacetime without the owner's consent.

The right to petition is one of the most important clauses of the First Amendment. Which one of the following is NOT an accurate statement about the right to petition?

the government is required to address issues brought by citizens.

Procedural Due Process

the government must follow a specific process in order to not deprive a person of life, liberty, or property.

Substantive Due Process

the idea that the government cannot infringe on a person's life, liberty, or property in a way that is arbitrary or fundamentally unfair.

Who created the special courts?

the legislative branch

Judicial Review

the power of the courts to declare laws unconstitutional.

Writ of Certiorari

the primary means to petition the Supreme Court is to ask it to grant a Writ of Certiorari to review a lower courts record.

According to the Sixth Amendment, the accused shall enjoy all of the following rights EXCEPT...

the right to choose the judge

Civil Rights

the rights of citizens to political and social freedom and equality. As a result of citizenship, a person is granted certain civil rights.

Discrimination

the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex. While the Civil Rights Movement occurred in the 1960s, there are acts of discrimination still happening today.

Court of Appeals

they are viewed as the gatekeepers for the Supreme Court to relieve the burden of hearing appeals from district courts. constitutional courts such as the U.S. Court of International Trade focus specifically on civil cases dealing with tariff and other trade related laws. appeals from this court go directly to the Special Courts for appeal.

How did the case of Marbury v. Madison affect the role of the judicial branch in our system of government?

this case caused the Supreme Court to assert its power of review for the first time, which established judicial review, and invalidated powers of Congress that conflicted with the Constitution. it has set a precedent for judicial review ever since and this power makes the Supreme Court the final authority on the meaning of the Constitution.

What were the Framers intentions when creating a federal court system?

to ensure the laws of the Constitution would be upheld and to uphold the rights of the people.

In Gideon v. Wainwright, the Supreme Court decided that what Sixth Amendment right applies to all defendants?

to have the assistance of an attorney

In the excerpt from the Magna Carta above, which American right this excerpt is the foundation to?

trial by jury

United Farm Workers

union focused on transforming farm workers' rights.

MLK

used peaceful and nonviolent methods to demonstrate for changes.

Crawford v. Marion County Election Board

voter ID law is valid

All of these are examples of the right to petition except...

waging armed struggle against the state

According to the Hughes Court in United States v. Miller, the Second Amendment...

was intended to maintain effective state militias and does not guarantee a person the right to keep a sawed-off shotgun.

According to the Supreme Court, when can speech or expression be limited?

when it may cause harm to others

If a party wants to have the Supreme Court hear their case, it must petition for a...

writ of certiorari