criminal law
government charges an individual with violating 1 or more specific laws
civil law
court resolves a dispute between two parties and defines the relationship between them
plantiff
party bringing the charge
defendant
party being charged
standing to sue
plantiffs have a serious interest in the case; have sustained or likely to sustain a direct injury from government
justiciable disputes
a case must be capable of being settled as a matter of law
amicus curiae
friend of the court" briefs used to rouse additional points of view and info not contained in briefs or formal parties
original jursidiction
court where case first takes places deals with federal crimes, supervise bankruptcy and naturalization
courts of appeal
focus on errors of procedure and law, judges serve on panel of appeals
unit of certiorari
issue to call up case
solicitor general
presidential appointee and third ranking office in the DOJ, in charge of appellable court litigation of the federal government
stare decisis
when there is a tie, let previous decisions stand unchanged
judicial implementation
government makes states follow laws
establishment clause
congress can make no law respecting an establishment of a religion
selective incorporation
cases that were selected to grant doctrines ( Angle v Vitale)
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Equal Rights Amendment
28th amendment", not ratified
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination (only time equality is mentioned in Constitution)
de jure segregation
segregation by law
de facto segregation
segregation that exists but not by law
Engle v. Vitale (1962)
Board of Reagents for New York authorized a short voluntary prayer for recitation at the start of the school day. The Supreme Court determined this violated the Establishment Clause.
Lemon v Kurtzman (1971)
In Pennsylvania a law provided federal financial support for teachers salaries and other school supplies for secular subjects in religious private schools. Rhode island provided direct supplemental salary to teachers in private school
Wisconsin v Yoder (1972)
An Amish family refused to send their children to school saying it violated their religion. Supreme Court sided with Yoders because of the First Amendment.
Employment Division v. Smith (1990)
Smith and Black worked at a drug rehab clinic. They were fired because they were high from a Native American religious ceremony, The employment clinic refused to give them unemployment checks because of being fired for misconduct. Supreme Court determined
Schneck v United States (1919)
Schneck mailed circulars to draftees encouraging them not to enlist. He advised peaceful protesting. He was charged with violating the espionage act by attempting to cause insubordination. The court determined he was not protected by the first Amendment b
Tinker v. Des Moines (1969)
Tinkers wore black arm bands to protest the Vietnam War. The principal suspended them for refusing to take them off. Supreme Court ruled in favor of Tinkers because they were protected because the armbands were a form of symbolic speech.
Roth v United States (1951)
Roth was convicted of mailing obscene flyers and books. Court ruled he was not protected under first amendment.
NY Times v US (1971)
Nixon attempted to prevent NY Times and Washington Post from publishing materials belonging to a classified Defense Dept study regarding the history of US activities in Vietnam. The president argued that prior restraint was necessary to protect national s
prior restraint
constitution says you can't publish something that will harm Americans
Mapp v Ohio (1961)
Mapp was convicted of possessing illegal obscene materials. The police found them because she was harboring a fugitive. The police had no warrant. The court ruled the illegal materials could not be used for evidence because they were found without a searc
Exclusionary Rule
evidence not obtained legally
Roe v Wade (1973)
A texan woman sough abortion. Texas law forbade abortion. Roe claimed that violated her right. The court ruled in her favor that abortion is protected under the right to privacy.
Planned Parenthood v. Casey (1992)
Pennsylvania created abortion law requiring informed consent and a 24 hour waiting period. A minor required the consent of a parent. A married woman has to notify her husband. This law was challenged by several clinics and doctors. All appeals courts uphe
Miranda v Arizona (1966)
Miranda confesses to raping a 13 year old girl without his lawyer present. The lawyer said the court could not use his confession because he was not present. Court ruled in his favor and this created the Miranda's rights protecting the defendant.
Gideon v Wainright (1963)
Gideon was charged in Florida for breaking and entering. He requested a lawyer, but the court refused. He went to the supreme court because he could not defend himself properly. The court ruled in his favor because those who cannot afford lawyers have one
Furman v Georgia ( 1972)
Furman attempted to burgle a house. He ran away and fell and accidentally shot a resident. He received the death penalty. He challenged this as a cruel and unusual punishment.
Civil Rights Act of 1964
discrimination in public acomodations and employment was illegal
Plyer v Doe
children of illegal immigrants cannot be denied enrollment in school
Korematsu v. US
relocation and internment of Japanese Americans during WWII was upheld
19 amendment
Gave women the right to vote
Title IX
outlaws gender discrimination in education (athletics as well)
Age Discrimination Act (1975)
federal funds would be denied to institutions that engaged in discrimination against people 40+
Americans with Disabilities Act
public facilities must make acomodations to prevent discrimination in workplace
California v Bakke
Regents of the University of California v. Bakke is a 1978 United States Supreme Court case, which instigated affirmative action. The Supreme Court decided that racial quotas were not acceptable, but race could be a factor in determining admission to coll
Stonewall Riots
a group of riots in new york by homosexuals, marked the beginning of the gay rights movement
strict constructionist
a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.
judicial restraint
encourages judges to limit the exercise of their own power
loose constructionist
legal philosophy that says constitution gives federal government broad powers to do what is necessary
judicial activism
exercise of the power of judicial review to set aside government acts