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Unit III

Government Chapter 5,6, & 10

QuestionAnswer
Precedent a previous decision or ruling that, in common-law tradition, is binding on subsequent decisions.
Adversarial system trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law.
Judicial Review the power of the courts to determine the constitutionality of laws.
Jurisdiction a court's authority to hear certain cases
Appeal a rehearing of a case because the losing party in the original trial argues that a point of law was not applied properly.
Writ of Certiorari a request that the Supreme Court order a lower court to send up the record of the case for review.
Rule of Four the unwritten requirement that 4 supreme court justices must agree to grant a case certiorari in order for the case to be heard.
Amicus Curiae Briefs "friend of the court" documents filed by interested parties to encourage the court to grant or deny certiorari or to urge it to decide a case in a particular way.
judicial activism the view that the courts should be lawmaking, policymaking bodies.
concurring opinion document written by justices expressing agreement w/the majority but describing different or additional reasons for the ruling.
dissenting opinion documents written by justices expressing disagreement w/the majority ruling.
judicial restraint the view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past.
lemon test the 3-pronged rule used by the courts to determine whether the establishment clause is violate.
wall of separation wall between the church, state, and non-preferentialists.
free exercise clause 1st amendment guarantee that citizens may freely engage in the religious activities of their choice.
clear and present danger test rule used by the courts that allows language to be regulated only if it presents an immediate + urgent danger.
civil liberties individual freedoms guaranteed to the people primarily by the Bill of Rights.
civil rights citizenship right guaranteed to the people (13th, 14th, 15th, 19th, 26th amendment) and protected by the government
fighting words speech intended to incite violence
libel written defamation of character
slander the action or crime of making a false spoken statement damaging to a person's reputation
due process of law the guarantee that laws will be fair + reasonable and that citizens suspected of breaking the law will be treated fairly.
exclusionary rule rule created by the supreme court that says evidence seized illegally may not be used to obtain conviction.
poll taxes tax levied as a qualification for voting
literacy tests tests requiring reading or comprehension skills as a qualification for voting
grandfather clauses provision exempting from voting restrictions the decedents of these able to vote in 1867
segregation the practice + policy of separating races.
NAACP National Association for the Advancement of Colored People. An interest group founded in 1910 to promote Civil Rights for African Americans.
Boycott the refusal to buy certain goods or services as a way to protest policy or force political reform
De jure discrimination discrimination that arises from or is supported by the law.
De facto discrimination discrimination that is the result not of law but rather of tradition + habit
Busing achieving racial balance by transporting students to schools across neighborhood boundaries.
Affirmative Action a policy of creating opportunities for members of certain groups as a substantive remedy for past discrimination.
equal rights amendment passed by congress but never ratified that would have banned discrimination on the basis of gender.
sexual harassment unwelcome sexual speech or behavior that creates a hostile work environment.
voting rights act of 1965 national civil rights legislation aimed at eliminating racial discrimination in the electoral process.
civil rights act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national orgin.
Precedent a previous decision or ruling that, in common-law tradition, is binding on subsequent decisions.
Adversarial system trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law.
Judicial Review the power of the courts to determine the constitutionality of laws.
Jurisdiction a court's authority to hear certain cases
Appeal a rehearing of a case because the losing party in the original trial argues that a point of law was not applied properly.
Writ of Certiorari a request that the Supreme Court order a lower court to send up the record of the case for review.
Rule of Four the unwritten requirement that 4 supreme court justices must agree to grant a case certiorari in order for the case to be heard.
Amicus Curiae Briefs "friend of the court" documents filed by interested parties to encourage the court to grant or deny certiorari or to urge it to decide a case in a particular way.
judicial activism the view that the courts should be lawmaking, policymaking bodies.
concurring opinion document written by justices expressing agreement w/the majority but describing different or additional reasons for the ruling.
dissenting opinion documents written by justices expressing disagreement w/the majority ruling.
judicial restraint the view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past.
lemon test the 3-pronged rule used by the courts to determine whether the establishment clause is violate.
wall of separation wall between the church, state, and non-preferentialists.
free exercise clause 1st amendment guarantee that citizens may freely engage in the religious activities of their choice.
clear and present danger test rule used by the courts that allows language to be regulated only if it presents an immediate + urgent danger.
civil liberties individual freedoms guaranteed to the people primarily by the Bill of Rights.
civil rights citizenship right guaranteed to the people (13th, 14th, 15th, 19th, 26th amendment) and protected by the government
fighting words speech intended to incite violence
libel written defamation of character
slander the action or crime of making a false spoken statement damaging to a person's reputation
due process of law the guarantee that laws will be fair + reasonable and that citizens suspected of breaking the law will be treated fairly.
exclusionary rule rule created by the supreme court that says evidence seized illegally may not be used to obtain conviction.
poll taxes tax levied as a qualification for voting
literacy tests tests requiring reading or comprehension skills as a qualification for voting
grandfather clauses provision exempting from voting restrictions the decedents of these able to vote in 1867
segregation the practice + policy of separating races.
NAACP National Association for the Advancement of Colored People. An interest group founded in 1910 to promote Civil Rights for African Americans.
Boycott the refusal to buy certain goods or services as a way to protest policy or force political reform
De jure discrimination discrimination that arises from or is supported by the law.
De facto discrimination discrimination that is the result not of law but rather of tradition + habit
Busing achieving racial balance by transporting students to schools across neighborhood boundaries.
Affirmative Action a policy of creating opportunities for members of certain groups as a substantive remedy for past discrimination.
equal rights amendment passed by congress but never ratified that would have banned discrimination on the basis of gender.
sexual harassment unwelcome sexual speech or behavior that creates a hostile work environment.
voting rights act of 1965 national civil rights legislation aimed at eliminating racial discrimination in the electoral process.
civil rights act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national orgin.
Created by: callieg329
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