AG 2305: Exam 3H Study Guide
Words
Civil law: System of law based on written codes
Civil liberties: Areas of personal freedom passed where the government cannot take it from you
(God Given Rights)
Civil rights: Instruments that the government has to take action in protecting liberties
Class-action suit: One or more plaintiffs file suit on their own behalf and behalf of all other
persons who may have a similar claim
Criminal law: Focuses on wrongs against a person, property, or society
Defendant: The Sued Party
Discrimination: Unfair treatment of a person or group on the basis of prejudice
Double jeopardy: Trial or punishment for the same crime by the same government; forbidden
by the Constitution.
Due process of law: Right of every individual against arbitrary action by national or state
governments
Establishment clause: Congress cannot sponsor or favor any religion
Equal protection clause: 14th amendment clause forbids any state to deny equal protection of
the laws to any individual within its jurisdiction
Free exercise clause: 1st amendment provision guaranteeing the free exercise of religion
Grandfather clause: Clause in registration laws allowing people who don't meet registration
requirements to vote if they or their ancestors had voted before 1867.
Judicial activism: A philosophy of judicial decision making that posits judges should use their
power broadly to further justice.
Judicial restraint: A philosophy of judicial decision making that posits courts should allow the
decisions of other branches of government to stand, even if they offend a judge's own principle.
Judicial review: Power of the courts to review acts of other branches of government and the
states.
Jurisdiction: Authority vested in a particular court to hear and decide the issues in particular
cases.
Opinion: a detailed explanation of the legal thinking behind a court's decision in a case
Political correctness: Attempt through various measures to regulate, speech, thought, and
actions (Attempt through various measures to regulate THOUGHT)
Poll tax: Requires voters to pay money before casting a ballot (Part of 15th Amendment,
banned in 24th)
Plaintiff: Injured party or party bringing the action
Plea bargain: Agreement between prosecutor and defendant that the defendant will plead
guilty to a lesser offense to avoid standing trial.
Precedent: Model to base later decisions on
Redlining: Landers use when looking at communities and don't loan money to individuals or
neighborhoods who have high crime rates and more.
Rule of Four: Supreme Court of the United States practice that permits four of the nine justices
to grant that any case be heard. Was initiated to protect right of minority
Selective interpretation: Used by court on occasion to determine what states and individuals
must follow in terms of the laws
Suffrage movement: Supporters declared all men and women are created equal and believed
women were deprived of basic rights
Supremacy clause: Article 5, Section 2: Declares federal law above local law
Explain the Following Speech Subjects
- Alien and Sedition Acts : Implemented in 1798 by John Adams intended to prohibit
speech or actions that would threaten or criticize the government.
- Clear and present danger : Test proposed by Justice Holmes for determining when the
government may restrict free speech.
- Fighting words : Words that incite physical harm upon someone.
- Hate speech : Expression that is offensive or abusive, particularly in terms of race,
gender, or sexual orientation. Protected under 1st amendment.
- Libel : False statement appears in a letter, newspaper, magazine, book, photograph,
movie or video that ruins another person's image ( Written).
- Prior restraint : Constitutional doctrine prevents government from prohibiting speech or
publication before the fact generally held in violation of the 1st Amendment
- Slander : An untrue statement that is meant to harm someone's reputation
- Speech-plus : Using actions or words in addition to speech.
- Speech zones : Designated areas where individuals can exercise Freedom of Speech.
Stated Purpose of Legal Positions
- Chief Justice of the United States Supreme Court : Individual who presides over an
impeachment trial in the US Senate
- Solicitor General of the United States: The lawyer for the United States who decides
which cases the government will appeal to the Supreme Court.
- Attorney General of the United States : The head of the US Department of Justice and a
member of the president's cabinet. The attorney general is the chief law enforcement
office of the US government.
- United States Supreme Court Justice : 8 of them nominated by president and confirmed
by senate. Their job is to interpret laws passed by Congress.
-
- Federal District Court Appellate Court Justice: The intermediate appellate courts in the
federal system and established in 1789 to hear appeals from federal district courts.
-
- Federal District Court Justice :
- To review petitions, hear motions, hold trials, issue injunctions, and keep the wheels of
justice spinning.
- United States Attorney : responsible for prosecution of crimes that violate the laws of
the United States appointed by the president and assigned to a US district court
jurisdiction.
- United States Assistant Attorney : experienced trial attorneys who come from a variety
of backgrounds, including both the public and private sectors, as well as the military.
Generally, the attorneys have five to seven years of litigation experience before joining
the U.S. Attorney's Office.
Usual Suspects
- Chief Justice credited with making the US Supreme Court a co-equal branch of the
government: John Marshall
- First Chief Justice of the US Supreme Court: John Jay
- President who nominated Justice Clarence Thomas to the US Supreme Court: George
Bush.
- Current Chief Justice of the US Supreme Court: John Roberts.
- Individual who presides over an impeachment trial in the US Senate: Chief Justice.
- First woman to be nominated, confirmed, and serve on the US Supreme Court: Sandra
Day O’Conner.
- Second woman to be nominated, confirmed, and serve on the US Supreme Court: Ruth
Baden Ginsburg.
- Individuals denied a Supreme Court appointment due to their policy views on certain
issues: Robert Bork.
- US Supreme Court Chief Justice who was considered the most criminal friendly judge:
Earl Warren
- First President of the US to veto a civil rights law passed by the Congress: Andrew
Jackson.
Famous Court Cases
- Brandenburg v. Ohio : Government can only punish advocacy of illegal or violent
behavior if it is intended and likely to incite imminent lawless action.
- Miranda v. Arizona : Basic rights have to be conveyed to people being charged.
- New York Times v. Sullivan :
- Made it more difficult for public officials to bring libel charges against the press.
- Plessy v. Ferguson : Claimed segregation constitutional and Jim Crow Laws were put in
place because of it.
- Brown v. Board of Education : Overturned Plessy v. Ferguson and declared segregation
unconstitutional.
Facts and Figures
- Number of cases filed with the Supremes in the fiscal year 2018 term: 6442
- Actual number of US Supreme Court cases agreed to be heard in the 2018 session: 70
out of nearly 7000
- State the month and day of the week when the US Supreme Court opens a new session:
1st Monday of October.
- The location of the 9th Appellate Court of Appeals: California
- The purpose of the 13th appellate Court of Appeals: Copyright, arts and science.
- The number justices serving on the US Supreme Court: 9
- Number of federal judges in 1789: 13
- Number of federal judges across the nation in 2018: 870
- Number of cases filed in federal district courts in 2007: about 9000
- Number of federal district court cases taken to courts of appeal in 2007: 60k
- Percentage of appellate cases taken to the US Supreme Court in 2007: 15%
- Constitutional amendment created to restrain presidential terms following FDR: 22nd
- Percent of the Senate that must vote in favor of a treaty: ⅔
- Number in the Senate that must vote to confirm a presidential nominee: simple majority
- Year the Federal Reserve was established: 1913
- Number of lawyers who were elected President of the United States: 25
Bullets
The Judiciary Act of 1789 served this particular purpose: Established the basic three tiered
structure of the federal court system
The meaning of the “Rule of Four” as it pertains to the U.S. Supreme Court: To prevent a
majority of the court from controlling the courts document
Explain the War Powers Act to include the background for its creation and procedures to follow:
A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires
presidents to consult with Congress whenever possible prior to using military force and to
withdraw forces after 60 days unless Congress declares war or grants an extension. Presidents
view the resolution as unconstitutional.
Features of the 1st Amendment to the US Constitutions: Freedom of religion, press, speech,
petition, establishment clause
Explain the landmark ruling requiring criminal suspects have rights read to them and the reason
for doing so: The confession obtained in the manner of defendant that is not truly voluntary is
inadmissible at trial
The three amendments to the U.S. Constitution that resulted from the Civil War and their
purpose: 13th, slavery 14th, equal protection clause, and 15 voting rights to freed male slaves
State four of the eight nomination criteria used in determining a potential justice for the
Supreme Court: Bias, social background, religion value, childhood, education.
Subjects
- Describe the duties and responsibilities that apply to the US Supreme Court: It can tell a
President that his actions are not allowed by the Constitution. It can tell Congress that a
law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also
tell the government of a state that one of its laws breaks a rule in the Constitution.
- List and state the meaning of the Bill of Rights amendments to the US Constitution:
- 1 : freedom of speech, press, religion, assembly, and redress of government grievances.
- 2 : right to bear arms and own weapons.
- 3 :protection against quartering troops.
- 4 :protection of privacy, persons, papers, possessions, and property.
- 5 : protection against double jeopardy and self-incrimination; right to compensation for
property taken by the government.
- 6 : right to a speedy trial and fair trial with an attorney and to present evidence and
witness testimonies in self defense.
- 7 : right to trial under civil law
- 8 : protection from unjust or cruel and unusual punishment
- 9 : states that rights are not limited to amendments 1-8.
- 10: States that powers not specifically delegated to federal government are reserved for
the states and people
