Chapter 16
Civil Law- Law dealing with private religious between members of a certain community.
Ex: A couple wants to get a divorce which is breaking the contract that they signed on their wedding day.
Ex: A couple wants to get a divorce which is breaking the contract that they signed on their wedding day.
Courts of Appeal- A court that appeals on points being made of law that is resulted from the judgement of a lower court.
Criminal Law- A law that gets broken results in punishment.
Ex: When a person enters the private property of an individual and steals all of the individual's jewelry.
Ex: When a person enters the private property of an individual and steals all of the individual's jewelry.
Dissenting Opinion- Written from the judges who disagree with the Court's majority decision.
Ex: When ESAT's student government don't agree with the teacher's decision and leaving a more quantity amount of homework during vacation.
Ex: When ESAT's student government don't agree with the teacher's decision and leaving a more quantity amount of homework during vacation.
Federal District Courts- Are the general trial courts of the federal court system. District courts include criminal and civil cases.
Ex: Many people go to the district courts in order to pay for their driving tickets.
Ex: Many people go to the district courts in order to pay for their driving tickets.
Judicial Activism- A person who believes that the Constitution is a living document and the Supreme Court justices should make policies in favor of it.
Ex: The Honor Council has to create punishments for those who don't respect the Honor Code.
Ex: The Honor Council has to create punishments for those who don't respect the Honor Code.
Judicial Implementation- It's when the courts make a policy that can affect acts or the behaviors of others.
Ex: Ms. Chew allowing seniors to go out for lunch once a week may affect other schools and lower-class students.
Ex: Ms. Chew allowing seniors to go out for lunch once a week may affect other schools and lower-class students.
Judicial Restraint- When the courts don't make any decisions or reject any lawmaking functions and stick to the old judicial decisions.
Ex: When a babysitter doesn't make decisions for what's good for the baby, they wait and leave it up to the parents.
Ex: When a babysitter doesn't make decisions for what's good for the baby, they wait and leave it up to the parents.
Judicial Review: When the Supreme Court review if a legislative act is favors the constitution.
Ex: The Brown v. Board of Education was in favor of the Brown due to it going against the 14th amendment.
Ex: The Brown v. Board of Education was in favor of the Brown due to it going against the 14th amendment.
Judiciary Act of 1789- It was what created the federal-court system. Due to this each state has a federal district court that are open to local procedures.
Ex: The are at least one Wal-Mart in every county to assist the community.
Ex: The are at least one Wal-Mart in every county to assist the community.
Jurisdiction- The power that allows to create judgements and legal actions.
Ex: The boss has the authority to change his prices on merchandise.
Ex: The boss has the authority to change his prices on merchandise.
Justiciable Disputes- In order for a case to be heard it's necessary that it must be settled as a law.
Ex: When 2 siblings fight the parents hears to both of their sides in order to make a decision.
Ex: When 2 siblings fight the parents hears to both of their sides in order to make a decision.
Legislative Court- A special court created by Congress. It contains judges who don't protect the Article III of the Constitution.
Ex: Special ED program that assist students who have a disorder.
Ex: Special ED program that assist students who have a disorder.
Majority Opinion- The court's decision towards the case and what had lead up to that conclusion.
Ex: Mean Girls when the staff agreed that the girls would have a "make-over" due to their behavior.
Ex: Mean Girls when the staff agreed that the girls would have a "make-over" due to their behavior.
Marbury v. Madison- It created the judicial review under Article III of the Constitution.
Ex: Teachers have the right to give detention due to bad behavior that the student didn't agreed to do in the contract.
Ex: Teachers have the right to give detention due to bad behavior that the student didn't agreed to do in the contract.
Original Jurisdiction- The court's authority on how the case would be tried (cases are first heard).
Ex: Ms. Chew decides how a difficult situation would be tried.
Ex: Ms. Chew decides how a difficult situation would be tried.
Political Questions- A law stating that it is very linked to the concept of justiciability. In the end it questions whether the court system is a forum.
Ex: Children question if their parent's decision contains reasonable fairness and justice.
Ex: Children question if their parent's decision contains reasonable fairness and justice.
Precedent- A past event that serves as an example for further assistance.
Ex: The plague of tuberculosis segregated everyone from the ones with the illness due to how the plague extended throughout a whole city.
Ex: The plague of tuberculosis segregated everyone from the ones with the illness due to how the plague extended throughout a whole city.
SCOTUS- An acronym for the "Supreme Court of the United States" that is stated in Article III.
Ex: TTYL is an acronym for "Talk to you later"
Ex: TTYL is an acronym for "Talk to you later"
Senatorial Courtesy- When the Senate won't approve the president's nominee due to the opposition by the majority party senator.
Ex: A company can go against the boss's decision about Miley Cyrus as the "vice president" of the company.
Ex: A company can go against the boss's decision about Miley Cyrus as the "vice president" of the company.
Solicitor General- The person who comes in third for the Justice Department. He decides whether the federal government would appeal to the lower courts.
Ex: Mr. G comes in third of authority after Mrs. Chew and Mr. Versage.
Ex: Mr. G comes in third of authority after Mrs. Chew and Mr. Versage.
Standing to Sue- A party being able to demonstrate the courts enough connection of why they are innocent.
Ex:
Ex:
Stare Decisis- Where decisions can' t be made based on political opinions.
Ex: Southern states' representative have to make decisions based on what correlates with past decisions.
Ex: Southern states' representative have to make decisions based on what correlates with past decisions.
Statutory Construction- The process by how courts interpret and apply legislation.
Ex: A math word problem requires to understand what it's asking for and how to solve it.
Ex: A math word problem requires to understand what it's asking for and how to solve it.
US v. Nixon- Due to the Watergate Scandal, it was considered whether any president should have their power limited.
Ex: When a being commits a crime, it is most likely that they get their rights taken away.
Ex: When a being commits a crime, it is most likely that they get their rights taken away.
Chapter 4
14th amendment- Every US gets equal protection of the law.
Ex: Every AP Gov student has the right to have an "Off Day".
Ex: Every AP Gov student has the right to have an "Off Day".
Barron v. Baltimore- The Supreme Court restrained the Bill of Rights only to the national government.
Ex: President candidates are most likely to be restraint from the general election if they weren't passed in the National Party Convention.
Ex: President candidates are most likely to be restraint from the general election if they weren't passed in the National Party Convention.
Bill of Rights- Are certain amendments granted for every US citizen where it states that there rights are protected.
Ex: ESAT students from Sophomore to Senior years may wear free dress on Fridays due to the approval of the principal.
Ex: ESAT students from Sophomore to Senior years may wear free dress on Fridays due to the approval of the principal.
Civil Liberties- Being subjected to the laws established for the well-being of the community.
Ex: American Civil Liberties Union (ACLU).
Ex: American Civil Liberties Union (ACLU).
Commercial Speech- Is when a speech is done on behalf of a company in order to receive some profit.
Ex: McDonald's create commercials and speeches of their success in order to receive more costumers.
Ex: McDonald's create commercials and speeches of their success in order to receive more costumers.
Cruel and Unusual Punishments- Punishments that doesn't fit with the nature of crime.
Ex: Having to sit on the electric chair until death.
Ex: Having to sit on the electric chair until death.
Engel v. Vitale- The Supreme Court ruled that it was unconstitutional for a school obligating students to pray before class starts.
Ex: ESAT can't buy any merchandise related to religion for students.
Ex: ESAT can't buy any merchandise related to religion for students.
Exclusionary Rule- Evidence obtained in violation of the laws, constitution, or any court rules inadmissible.
Ex: Police officers may have a warrant in able to search for evidence that only correlates with what the warrant's purpose states.
Ex: Police officers may have a warrant in able to search for evidence that only correlates with what the warrant's purpose states.
5th Amendment- Having the right to not self- incriminate oneself/ the right to remain silence.
Ex: A student may chose to participate in a Socratic seminar or not.
Ex: A student may chose to participate in a Socratic seminar or not.
Free exercise clause- First mandement requirement that law cannot prevent free exercise of religion
Ex: the government cannot keep me from practicing Catholicism
Ex: the government cannot keep me from practicing Catholicism
Miranda v. Arizona- created Miranda rights; allowed individuals to remain silent when being arrested and required officers to tell the individual his or her rights to keep themselves from getting in trouble
Ex: I get arrested for stalking Justin, I have the right to stay quiet
Ex: I get arrested for stalking Justin, I have the right to stay quiet
1st Amendment- Freedom of religion, speech, press, assembly, and petition.
Ex: In the creation of the Great Nation, many Europeans arrived to the Great Nation in search to practice their own religion freely.
Ex: In the creation of the Great Nation, many Europeans arrived to the Great Nation in search to practice their own religion freely.
Mapp v. Ohio (1961) - established the rule that evidence that has been obtained by an illegal Search and Seizure cannot be used to prove the guilt of a defendant at a state criminal trial.
Ex: if i have drugs in my house, but the police take them without a search warrant, then those drugs cannot be used against me
Ex: if i have drugs in my house, but the police take them without a search warrant, then those drugs cannot be used against me
Gideon v. Wainwright- Resulting every US citizen to have the right of an attorney even thogh they are not able to afford one.
Ex: If 2 kids are arguing, they are most likely to get their mothers involved in order to prove them right.
Ex: If 2 kids are arguing, they are most likely to get their mothers involved in order to prove them right.
Miller v. CA- created the miller test; said that a person's 1st amendment can be violated if what the person is doing is offending the general public
Ex: Marvin Miller cannot pass out flyers to the public that have offensive things on them and are not appropriate for children
Ex: Marvin Miller cannot pass out flyers to the public that have offensive things on them and are not appropriate for children
plea bargain- a bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime.
Ex: i'm guilty for something smaller, so in return i get less time
Ex: i'm guilty for something smaller, so in return i get less time
Gitlow v. NY- Where the freedom of speech and press became part of the "fundamental personal rights".
I can say that Obama isn't doing anything, or even publish it.
I can say that Obama isn't doing anything, or even publish it.
Incorporation Doctrine- Making the Bill of Rights applicable to all states through the 14th amendment.
Ex: If only staff members are able to celebrate birthdays, it changed by every students having this right.
Ex: If only staff members are able to celebrate birthdays, it changed by every students having this right.
Prior restraint-a government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States according to the first amendment and as confirmed in the 1931 case of Near v. Minnesota.
Ex: newspapers in the United States cannot be prevented from printing things because that goes against the 1st amendment
Ex: newspapers in the United States cannot be prevented from printing things because that goes against the 1st amendment
Lemon v. Kurtzman- Schools may not purchase any religious materials for students.
Ex: My community may not bribe me to change my religion.
Ex: My community may not bribe me to change my religion.
Libel- When a being's reputation was harmed though someone else's comment that was in writing.
Ex: In Awkward. Jenna wrote a mean letter about the guidance counselor's actions.
Ex: In Awkward. Jenna wrote a mean letter about the guidance counselor's actions.
Probable cause-the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, the police are allowed legally to search for and seize incriminating evidence.
Ex: If the parents think i'm a drug dealer because they have some information on me, then they have the right to legally search me and my belongings for the drugs
Ex: If the parents think i'm a drug dealer because they have some information on me, then they have the right to legally search me and my belongings for the drugs
Right to privacy-the right to a private personal life free from intrusion of the government.
Ex: the government cannot come in and intervene in my personal life, such as when i get a boyfriend, which is never...
Ex: the government cannot come in and intervene in my personal life, such as when i get a boyfriend, which is never...
Roe v. Wade- 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
Ex: because of Roe v. Wade, i can get an abortion at any time as long as its in the first trimester
Ex: because of Roe v. Wade, i can get an abortion at any time as long as its in the first trimester
Schenck v. United States-1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
Ex: If i'm trying to start a revolution, then my speech can be limited
Ex: If i'm trying to start a revolution, then my speech can be limited
Search warrant- a written authorization from a court specifying the area to be searched and what the police are searching for. The fourth amendment requires a search warrant to prevent unreasonable searches and seizures.
Ex: the cops have to get a search warrant to come into my house unless they want to go against my rights. Also, they have to have a legit excuse!
Ex: the cops have to get a search warrant to come into my house unless they want to go against my rights. Also, they have to have a legit excuse!
Self incrimination-the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.
Ex: When i get arrested, if i start saying a lot of things that can be used against me, that's self-incrimination
Ex: When i get arrested, if i start saying a lot of things that can be used against me, that's self-incrimination
Sixth amendment-the constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Ex: i can get a lawyer to defend myself
Ex: i can get a lawyer to defend myself
Symbolic speech-nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Ex: I have the right to burn something considered prestigious or sacred such as a cross or flag because its me expressing myself, which the gov cannot control
Ex: I have the right to burn something considered prestigious or sacred such as a cross or flag because its me expressing myself, which the gov cannot control
19th amendment- allowed women to vote
Ex: Susan B Anthony would no longer be arrested for trying to vote
Ex: Susan B Anthony would no longer be arrested for trying to vote
24th Amendment- got rid of poll taxes which prevented African Americans from voting
Ex: People no longer had to pay to vote
Ex: People no longer had to pay to vote
Adarand Constructors V. Pena- the court ruled that federal affirmative action programs were unconstitutional unless they fulfilled a “compelling governmental interest.”
Ex:
Ex:
Affirmative action- A policy or a program that seeks to redress past discrimination through active measures to ensure equal opportunity, as in education and employment.
Ex: benefits minorities such as women or African Americans
Ex: benefits minorities such as women or African Americans
Americans with Disabilities Act- prohibits discrimination against people with disabilities; discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities
Ex: An employer has to make accommodations for a person with a disability to get their job done
Ex: An employer has to make accommodations for a person with a disability to get their job done
Brown V. Board of Education- overturned Plessy V. Ferguson; ruled that "separate but equal" is illegal
Ex: there cannot be two different public schools, one for Whites and one for Blacks
Ex: there cannot be two different public schools, one for Whites and one for Blacks
Civil rights- freedoms that protect individuals from discriminatory treatment; rights of citizenship
Ex: Voting Rights Act of 1965
Ex: Voting Rights Act of 1965
Civil Rights of 1964- the law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination.
Ex: I cannot be kept from booking a hotel room because of the fact that i'm Black. <--illegal
Ex: I cannot be kept from booking a hotel room because of the fact that i'm Black. <--illegal
Civil Rights Movement- movement in the United States beginning in the 1960s and led primarily by Blacks in an effort to establish the civil rights of individual Black citizens
Ex: MLK, Black Panther Party
Ex: MLK, Black Panther Party
Comparable Worth- the issue rose when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill.
Ex: it showed the inequality in society since the women were doing the same things as men but were getting paid less
Ex: it showed the inequality in society since the women were doing the same things as men but were getting paid less
Dred Scott V. Sanford- 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories.
Ex: I'm originally a slave from Georgia but i escape to New York, that doesn't make me a citizen because i'm still a slave to someone
Ex: I'm originally a slave from Georgia but i escape to New York, that doesn't make me a citizen because i'm still a slave to someone
Equal opportunity- the right to equivalent opportunities for employment regardless of race or color or sex or national origin
Ex: I should have the same chance as a man would have when it comes to getting a certain job.
Ex: I should have the same chance as a man would have when it comes to getting a certain job.
Equal Protection Clause- part of the fourteenth amendment emphasizing that the laws must provide equivalent "protection" to all people.
Ex: laws cannot favor one person over the other. should be equal across everyone no matter how different you are
Ex: laws cannot favor one person over the other. should be equal across everyone no matter how different you are
Equal results- A policy statement about equality holding that government has a duty to help break down barriers to equal oppurtunity.
Ex: Government should be able to help women get the same jobs as men by removing the obstacles.
Ex: Government should be able to help women get the same jobs as men by removing the obstacles.
Grandfather clause- said that you could only vote if your grandfather voted before 1867. Meant to keep African Americans from voting. Ruled unconstitutional in 1913
Ex: Many of the grandfathers of African Americans had not voted before 1867 because they could not, which made it unfair to the new generations
Ex: Many of the grandfathers of African Americans had not voted before 1867 because they could not, which made it unfair to the new generations
Korematsu V. US- 1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans
Ex: Because it was a time of war, it was seen as constitutional to protect rest of country
Ex: Because it was a time of war, it was seen as constitutional to protect rest of country
Plessy V. Ferguson- ruled that "separate but equal" is legal; overturned by Brown V. Board of Education
Ex: public places were able to separate the Blacks from the Whites as long as they were both treated equally.
Ex: public places were able to separate the Blacks from the Whites as long as they were both treated equally.
poll taxes- taxes required to vote; used mostly by the southern states to keep African Americans from voting since they had little money; abolished by 24th amendment
Ex: When i go vote, i'd be required to pay a tax in order to vote
Ex: When i go vote, i'd be required to pay a tax in order to vote
Reed V. Reed- the landmark case in 1971 in which the supreme court for the first time upheld a claim of gender discrimination.
Ex: the property of the deceased son couldn't directly go to the father just because he was a male; mother won
Ex: the property of the deceased son couldn't directly go to the father just because he was a male; mother won
Regents of UC V. Bakke- 1978 supreme court decision holding that a state university could not admit less qualified individuals solely because of their race.
Ex: the school can admit a minority student if they are up to the same level of others in the running for a spot. Cannot have certain spots for certain students.
Ex: the school can admit a minority student if they are up to the same level of others in the running for a spot. Cannot have certain spots for certain students.
Suffrage- the legal right to vote
Ex: 15th amendment gave suffrage to African Americans, 19th to women
Ex: 15th amendment gave suffrage to African Americans, 19th to women
Voting Act of 1965- a law designed to help end formal and informal barriers to African American suffrage. Under the law, hundreds of thousands of African Americans were registered and the number of African American elected officials increased dramatically.
Ex: got rid of literacy tests, grandfather clause, etc.
Ex: got rid of literacy tests, grandfather clause, etc.
Appellate jurisdiction- The authority of a court to review decisions made by lower courts; the ability given to higher courts to change the decisions of lower courts.
Ex: The Supreme Court has the ability to change the decisions of the lower courts. Texas V. Johnson??
Ex: The Supreme Court has the ability to change the decisions of the lower courts. Texas V. Johnson??
Litigants- people participating in a lawsuit
Ex: attorneys, prosecutors
Ex: attorneys, prosecutors
Attorney General- the chief law officer of a nation or state who represents the government in litigation and serves as its principal legal adviser
Ex: RFK
Ex: RFK
Docket- the court calendar
Federalist 78- argued that judicial branch was necessary but should not be feared because it is not that strong
Additional Key Terms
American Bar Association (ABA)- The American Bar Association, founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States.
What they do: Set the standards for new lawyers
What they do: Set the standards for new lawyers
Betty Friedan- Author of the book titled the Feminie Msytique. Friedan founded and was elected the first president of the National Organization for Women (NOW)
Brief- A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
Here is a link to a webpage on briefs
*There is a brief on the Roe vs. Wade case.
http://www.ucs.louisiana.edu/~ras2777/adminlaw/casebrief.html
Here is a link to a webpage on briefs
*There is a brief on the Roe vs. Wade case.
http://www.ucs.louisiana.edu/~ras2777/adminlaw/casebrief.html
Burger Court- Earl Warren’s successor, Warren Burger, had been a judge of the Court of Appeals for the District of Columbia Circuit for more than a decade. He became Chief Justice in 1969 and served until 1986.
Ex: Under his court : Walz v. Tax Commison of the City of New York ; for the Tax exemption for churches
Ex: Under his court : Walz v. Tax Commison of the City of New York ; for the Tax exemption for churches
Concurrent Jurisdiction- Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them.
Ex: when a party from Alabama sues a party from Florida for a breach of a contract the Alabama party can sue in either federal court or in the state court located in Florida.
Ex: when a party from Alabama sues a party from Florida for a breach of a contract the Alabama party can sue in either federal court or in the state court located in Florida.
Concurring Opinion- an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
EX: Escola v. Coca-Cola Bottling Co. (1944), was a decision of the Supreme Court of California involving an injury caused by an exploding bottle of Coke. It was an important case in the development of the common law or product liabillity not so much for the actual majority opinion, but for the concurring opinion of justice Roger Traynor.
EX: Escola v. Coca-Cola Bottling Co. (1944), was a decision of the Supreme Court of California involving an injury caused by an exploding bottle of Coke. It was an important case in the development of the common law or product liabillity not so much for the actual majority opinion, but for the concurring opinion of justice Roger Traynor.
Constitutional Court- is a high court that deals primarily with constitutional law. Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional, i.e. whether or not they conflict with constitutionally established rights and freedoms.
Ex: some have called the Supreme Court of the United States "the world's oldest constitutional court" because it was the first court in the world to invalidate a law as unconstitutional (Marbury v. Madison), even though it is not a separate constitutional court.
Ex: some have called the Supreme Court of the United States "the world's oldest constitutional court" because it was the first court in the world to invalidate a law as unconstitutional (Marbury v. Madison), even though it is not a separate constitutional court.
De Facto Segregation- segregation (especially in schools) that happens in fact although not required by law
Ex: The self separation of white, black and Hispanic students in a school; The self separation of races and ethnicities in prison.
Ex: The self separation of white, black and Hispanic students in a school; The self separation of races and ethnicities in prison.
De Jure Segregation: segregation that is imposed by law
Ex: The Supreme Court first approved of de jure segregation in Plessy v. Ferguson (1896); “Separate but Equal”
Ex: The Supreme Court first approved of de jure segregation in Plessy v. Ferguson (1896); “Separate but Equal”
Defendant’s Rights: The Bill of Rights are Criminal Defendant’s Rights
Ex: Right to a speedy trial; trial by jury; no self incrimination; 1st- 10th amendments
Ex: Right to a speedy trial; trial by jury; no self incrimination; 1st- 10th amendments
Due Process Clause: The Fifth and Fourteenth Amendments to the United States Constitution contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law
Ex: these clauses provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.
Ex: these clauses provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.
Eminent Domain: the right of a government or its agent to expropriate private property for public use, with payment of compensation.
Ex: Grand daddy Tsai got paid sp that the city of Pasadena could build a highway through his backyard. He got paid!
Ex: Grand daddy Tsai got paid sp that the city of Pasadena could build a highway through his backyard. He got paid!
Equal Pay Act of 1963- is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex . It was signed into law on June 10, 1963 by John F. Kennedy as part of his New Frontier Program.
This means that my employer cannot pay me less than he pays Mr. Hole puncher simply because I am a female. EQUAL PAY
This means that my employer cannot pay me less than he pays Mr. Hole puncher simply because I am a female. EQUAL PAY
Equal Rights Amendment- was a proposed amendment to the United States Constitution designed to guarantee equal rights for women. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time. In 1972, it passed both houses of Congress and went to the state legislatures for ratification. The ERA failed to receive the requisite number of ratifications (38) before the final deadline mandated by Congress of June 30, 1982, and so it was not adopted.
Executive Order 9066- was a United States presidential executive order signed and issued during World War II by the United States President Franklin D. Roosevelt on February 19, 1942, authorizing the Secretary of War to prescribe certain areas as military zones. Eventually, EO 9066 cleared the way for the deportation of Japanese Americans to internment camps.
Injunction- The act or an instance of enjoining; a command, directive, or order.
2. Law- A court order prohibiting a party from a specific course of action.
Ex: For example, a bulldozer is about to knock out an entire forest for a new resort spa. A scientist doing an ecological study determines that if the forest is destroyed, a certain species will become extinct. The scientist (or his/her agency) seeks an injunction showing that if the forest destruction occurs, then the species would become extinct. If the Judge is convinced a certain harm is possible he/she issues an injunction temporarily (until further proceedings determine otherwise) keeping the destruction from occurring.
2. Law- A court order prohibiting a party from a specific course of action.
Ex: For example, a bulldozer is about to knock out an entire forest for a new resort spa. A scientist doing an ecological study determines that if the forest is destroyed, a certain species will become extinct. The scientist (or his/her agency) seeks an injunction showing that if the forest destruction occurs, then the species would become extinct. If the Judge is convinced a certain harm is possible he/she issues an injunction temporarily (until further proceedings determine otherwise) keeping the destruction from occurring.
Intermediate Scrutiny- U.S. constitutional law, is the second level of deciding issues using judicial review. In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest in a way that is substantially related to that interest
Ex: Western state has a law which requires that a paternity suit be brought, if at all, within 5 years of the birth of the child. The statute of limitations is intended to prevent Western state from wasting resources on fraudulent or stale claims. Such a law would not pass the application of intermediate scrutiny, as the five-year period is not substantially related to the state purpose.
Ex: Western state has a law which requires that a paternity suit be brought, if at all, within 5 years of the birth of the child. The statute of limitations is intended to prevent Western state from wasting resources on fraudulent or stale claims. Such a law would not pass the application of intermediate scrutiny, as the five-year period is not substantially related to the state purpose.
Lemon Test- details the requirements for legislation concerning religion. It consists of three prongs:
1. The government's action must have a secular legislative purpose; (Purpose Prong)
2. The government's action must not have the primary effect of either advancing or inhibiting religion; (Effect Prong)
3. The government's action must not result in an "excessive government entanglement" with religion. (Entanglement Prong)
If any of these prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
1. The government's action must have a secular legislative purpose; (Purpose Prong)
2. The government's action must not have the primary effect of either advancing or inhibiting religion; (Effect Prong)
3. The government's action must not result in an "excessive government entanglement" with religion. (Entanglement Prong)
If any of these prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
Loose Construction- is a broad interpretation of a statute or document by a court.
Ex: the issue of whether or not the government had the authority to create the U.S. Bank.
Ex: the issue of whether or not the government had the authority to create the U.S. Bank.
Marshal Court- refers to the SCOTUS between 1801 and 1835, when John Marshall served as Chief Justice.
EX: United States v. More (1805), Ex parte Bollman (1807), Cohens v. Virginia(1821), United States v. Perez (1824), Worcester v. Georgia (1832)
EX: United States v. More (1805), Ex parte Bollman (1807), Cohens v. Virginia(1821), United States v. Perez (1824), Worcester v. Georgia (1832)
Miller Test- The Miller test is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Ex: The miller test is hard to actually use because of the ambiguous nature of what one considers to be “obscene”. What Californian’s think is obscene might not be the same as New Yorkers.
Ex: The miller test is hard to actually use because of the ambiguous nature of what one considers to be “obscene”. What Californian’s think is obscene might not be the same as New Yorkers.
NOW (National Organization for Woman)- is the largest organization of feminist activists in the United States, numbering more than 500,000 members. A nonpartisan organization participates in Traditional activities that include extensive electoral and Lobbying work, and the filing of lawsuits. NOW also has organized mass marches, rallies, pickets, counter-demonstrations, and nonviolent civil disobedience.
Obscenity- is a legal term that applies to anything offensive to morals and is often equated with the term pornography, but may also include nude dancing, sexually oriented commercial telephone messages, and scatological comedy routines. U.S. courts have had a difficult time determining what is obscene. This problem has serious implications, because if an act or an item is deemed obscene, it is not protected by the First Amendment.
Ex: The Miller test would be used to try and prove that obscenity is present in some court case that is presented in front of the Supreme Court or any other court.
Ex: The Miller test would be used to try and prove that obscenity is present in some court case that is presented in front of the Supreme Court or any other court.
Original Intent- is a theory in law concerning constitutional and statutory interpretation. It is frequently – and usually spuriously – used as a synnonym for originalism generally
Ex: The original intent of the framers for writing the constitution is still argued till this day
Ex: The original intent of the framers for writing the constitution is still argued till this day
Overturned- abolish, invalidate, or reverse (a previous system, decision, situation, etc.).
Ex: Brown v. Board of Education overturned the president that was set in Plessey v. Fergusson that separate but equal facilities were constitutional, and made them unconstitutional and illegal.
Ex: Brown v. Board of Education overturned the president that was set in Plessey v. Fergusson that separate but equal facilities were constitutional, and made them unconstitutional and illegal.
Plaintiff- a person who brings a case against another in a court of law.
Ex: I will sue Jackson for all of the alimony he owes me since 2004!
Ex: I will sue Jackson for all of the alimony he owes me since 2004!
Privileges and Immunities Clause- prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause.
ex: In an effort to strengthen the local economy, Nevada passes a law requiring that state residents comprise at least 25% of the labor on all state-funded construction projects. Because the right to be employed is a fundamental right, and non-Nevada residents are being discriminated against by this statute, there is the risk of running afoul of the PIC4
ex: In an effort to strengthen the local economy, Nevada passes a law requiring that state residents comprise at least 25% of the labor on all state-funded construction projects. Because the right to be employed is a fundamental right, and non-Nevada residents are being discriminated against by this statute, there is the risk of running afoul of the PIC4
Procedural Due Process- An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.
Ex: Fred is jailed for felony possession of narcotics. While in prison, he is far from the model prisoner, and is eventually placed in isolation. Fred sues because his freedom of association has been taken from him without due process. For procedural due process purposes, there has been no deprivation of a liberty interest given Fred’s status as a prisoner.
Ex: Fred is jailed for felony possession of narcotics. While in prison, he is far from the model prisoner, and is eventually placed in isolation. Fred sues because his freedom of association has been taken from him without due process. For procedural due process purposes, there has been no deprivation of a liberty interest given Fred’s status as a prisoner.
Rehnquist Court- The last 11 years of Rehnquist's term as Chief Justice (1994–2005) marked the second-longest tenure of a single unchanging roster of the Supreme Court, exceeded only between February 1812 and September 1823. He is the eighth longest-serving justice in Supreme Court history.
Ex: DeShaney v. Winnebago County Department of Social Services; child welfare department’s failure to protect a child from known child abuse does not violate due process
Ex: DeShaney v. Winnebago County Department of Social Services; child welfare department’s failure to protect a child from known child abuse does not violate due process
Rule of Four- The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket
Ex: If four out of the nine justices don’t vote on a case the supreme court will not take a formal hearing on it.
Ex: If four out of the nine justices don’t vote on a case the supreme court will not take a formal hearing on it.
Selective incorporation- When the Supreme Court looks on a case by case basis and decides what amendments in the Bill of Rights apply to which court case, as provided by the Fourteenth Amendment in the Due Process Clause
Not all amendments in the Bill of Rights need to apply to every state.
Not all amendments in the Bill of Rights need to apply to every state.
Senate Judiciary Committee- The United States Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is in charge of conducting hearings prior to the Senate votes on confirmation of federal judges (including Supreme Court justices) nominated by the president.
They also deal with: matters relating to federal criminal law, as well as human rights, immigration law, intellectual property rights, antitrust law, and Internet privacy, proposed Constitutional
They also deal with: matters relating to federal criminal law, as well as human rights, immigration law, intellectual property rights, antitrust law, and Internet privacy, proposed Constitutional
Seneca Falls Convention- was an early and influential women's rights convention, the first to be organized by women in the Western world, in Seneca Falls, New York. Here they wrote the Declaration of Sentiments. Took place on 19 July 1848 and 20 July 1848
Slander- the action or crime of making a false spoken statement damaging to a person's reputation.
Ex: Gregory is suing the TV network for slander, when after their news report he lost his job, got assaulted and his house was broken into.
Ex: Gregory is suing the TV network for slander, when after their news report he lost his job, got assaulted and his house was broken into.
Slaughterhouse Cases (1873)- were the first United States Supreme Court interpretation of the relatively new Fourteenth Amendment to the Constitution. It is viewed as a pivotal case in early civil rights law, reading the Fourteenth Amendment as protecting the "privileges or immunities" conferred by virtue of the federal United States citizenship to all individuals of all states within it, but not those privileges or immunities incident to citizenship of a state.
Strict Construction- a literal interpretation of a statute or document by a court.
Ex: Thomas Jefferson was a strict constructionist of the constitution, which was why it was strange of him to have purchased the Louisiana Purchase when the acquirement of new land wasn’t in the constitution.
Ex: Thomas Jefferson was a strict constructionist of the constitution, which was why it was strange of him to have purchased the Louisiana Purchase when the acquirement of new land wasn’t in the constitution.
Strict Scrutiny-is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. ...
Ex: the strict scrutiny standard was applied and found the government's actions valid in Korematsu v. United States (1944), in which the Court upheld the exclusion of Japanese Americans from designated areas during World War II.
Ex: the strict scrutiny standard was applied and found the government's actions valid in Korematsu v. United States (1944), in which the Court upheld the exclusion of Japanese Americans from designated areas during World War II.
Substantive Due Process- is a principle which allows federal courts to protect certain fundamental rights from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution,
Title IX of Education Act of 1972- For educational programs you can be discriminated against because of your gender
Ex: Equal funding for sports of both genders had to be applied when the discussion of collegiate athletics came about.
Ex: Equal funding for sports of both genders had to be applied when the discussion of collegiate athletics came about.
Total incorporation-a doctrine in constitutional law; the 14th amendment’s due process clause embraces all the guarantees in the Bill of Rights and applies them to cases under state law
Upheld- confirm or support (something that has been questioned).
Ex: the Supreme Court upheld Obama Care, after Obama signed it.
Ex: the Supreme Court upheld Obama Care, after Obama signed it.
Warren Court- The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warrenserved as Chief Justice. The court was both applauded and criticized for bringing an end to racial segregation in the United States,incorporating the Bill of Rights and ending officially sanctioned voluntary prayer in public schools.
Court Cases: Brown v. Board of Education, Gideon v. Wainwright, and Cooper v. Aaron, Abington School District v. Schempp and Engel v. Vitale,
Court Cases: Brown v. Board of Education, Gideon v. Wainwright, and Cooper v. Aaron, Abington School District v. Schempp and Engel v. Vitale,
Writ of Certiorari- a writ by which a superior court can call up for review the record of a proceeding in an inferior court
Writ of Habeus Corpus- a writ ordering a prisoner to be brought before a judge
Habeus Corpus is suspended in time of war and is not unconstitutional because it is for national security purposes like when executive order 9066 was issued.
Habeus Corpus is suspended in time of war and is not unconstitutional because it is for national security purposes like when executive order 9066 was issued.
Writ of Mandamus- an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail