Judicial and Civil liberties

• Original Jurisdiction


  A court in which a case is first heard
• Appellate Jurisdiction


  A court that hears a case on appeal from lower federal courts
• Judicial Review


  Have the extraordinary power to decide the constitutionality of an act of government, whether executive, legislative, or judicial
• Nine justices make up the current supreme court: one Chief justice and eight Associate Justices
• The Constitution doesn't specify qualifications for Justices similar to senators and representatives; there are no qualifications for their age, education, profession, or native-born citizenship. One requirement is U.S citizens must have some law experience
• President and Senate's role in the appointment of Supreme Court justices

  1. The President nominates with the advice and consent of the senate, shall appoint ambassadors, and other public ministers and consuls

  2. The senate's role is to confirm the nominee
• "Rule of four"


  At least four of its nine justices must agree that a case should be put on the Court's docket
• Majority Opinion


  The court's opinion, officially called the OPinion of the Court, announces the court's decision in a case and sets out the reasoning on which it is based
• Dissenting Opinion


  Often written by those justices who do not agree with the court's majority decisions
• Precedent


  Examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court. Precedents are important because they ensure that individuals in similar situations are treated alike instead of based on a particular judge's personal view
• The bills of rights are the first 10 amendments of the constitution


  • Guarantees civil rights and liberties to the individual such as the freedom of speech, press, and religion
  • Protects the right to keep and bear arms
  • Prevents the government from forcing homeowners from allowing soldiers to step into their homes
  • Bars the government from unreasonable search and seizure of an individual of their private property
  • Protections for people accused of crimes: serious criminal charges must be started by a grand jury. Person can't be tried twice for the same event (double jeopardy). People have the right against self-incrimination and can't be imprisoned with laws without due process of laws (fair procedures and trials)
  • Provides additional protection to people accused of crimes, such as the right to speedy and public trial, trial by an impartial jury in criminal cases, also informed of criminal charges
  • Extends the right to a jury trial in Federal civil cases
  • Bars excessive bails and fines and cruel and unusual punishment
  • Listing specific rights in the constitution does not mean they don't have the other rights to not have been spelled out
  • The Federal Government only has powers delegated in the constitution. If it isn't listed then it belongs to the states or people
• Civil Liberties


  Protections against the government
• Free Exercise Clause


  Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion
• Free speech and press in the 1st and 14th Amendments

  • Guarantee each person the right of free expression, in the spoked and the written word, and by all other means of communication
  • Guarantee to all persons a full, wide ranging discussion of public affairs
• Libel


  The false and malicious use of printed words
• Slander


  False and malicious use of spoken words
• Miller Test


  A test that's also known as the three prong obscenity test is the United States Supreme court's test for determining whether speech or expression can be labeled obscene
• TV and radio broadcasting undergo regulation overseen by the FCC to maintain public welfare. While movies guide viewers on content suitability
• Due Process


  Clause of the 14th amendment, are political freedoms that
• Police Power


  The authority of each state to act to protect and promote the public health, safety, morals, and general welfare
• Search Warrant


  Allows officers to legally search. No search warrants= illegal searching. To obtain a search warrant the police must have a probable cause that a crime was committed. A court signature
• Roe v. Wade


  1. Jane Roe (false name), challenges Texas law rendering abortion illegal aside from it being life-saving and a doctor's order. Amendments considered to be infringed are: 1st, 4th, 5th, 9th, and 14th

  2. A state must recognize a woman's right to an abortion without interference (pre-viability/ first trial)

  3. A state can, acting in the best interest of the women, make reasonable regulations. (Post viability/2nd trial)

  4. States CAN prohibit abortion when in the third trimester and except those that are necessary
• Undue Burden Test


  The legal standard that courts use to determine whether an abortion restriction violates the Constitution
• Miranda Rule


  The right to remain silent. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
• The supreme court's view on Cruel Punishment is that they are reluctant to face that highly charged issue
• 14th Amendment Equal Protection


  Declares: "No State shall.. Deny to any person within its jurisdiction the equal protections of the laws."
• Strict Scrutiny


  A court has said that a law must meet a higher standard than the rational basis test
• Brown v. Board of Education overturned Plessy V. Fergueson and signaled the end of legalized racial segregation in the schools of the United States
• The provisions of the Civil Rights Act of 1964 is to forbid discrimination and on the basis of sex, as well as, race in hiring, and promoting, and firing
• Affirmative Action


  Taking positive steps to end discrimination, to prevent its recurrence, and to create new opportunities, and that were previously denied minorities and women