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
