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Exam 3- Federal & Texas Judiciary, Civil Liberties.. - Flashcards

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Class:PSCI 1040 - American Government: Laws and Institutions
Subject:Political Science
University:University of North Texas
Term:Spring 2011
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courts of original jurisdiction first court to hear a case
courts of appellate jurisdiction courts that hear cases on appeal from lower courts and determine whether the law and legal procedures have been appropriately applied. can overturn decisions of lower courts
criminal case vs. civil case Criminial case is an act against society (criminal law regulates individual behavior to protect property and public safety)   A Civil case is an act a private person or group (deals with business and contractual relations between groups and individuals)   
Federal Courts established by the Constitution Supreme Court
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How does the Constitution describe the jurisdiction of the Federal Courts

   “the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority”

Appellate and Original Jurisdiction of the Supreme Court original jurisdiction in "cases affecting ambassadors, other public minister and consuls, and those in which a state shall be a party"
Appellate jurisdiction "in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."
Federal Judge Appointment and Terms Federal judges are nominated by the President, and appointed with the advice and consent of the Senate. No term limits, held as long as they demonstrate “good behavior” 
constitution v. legislative courts Constitutional courts are established or authorized in the Constitution and Legislative courts are established by Congress under its implied powers and usually serve special purposes. 
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Judiciary Act of 1789? It established a 3-tiered structure of the federal court system. District courts>Circuit Courts (appeal)> Supreme Court 
Jurisdiction of U.S. District Courts original jurisdiction, cases involving federal government, civil suits under federal law, civil suits between citizens of different states in issue of $75,000+, admiralty or maritime disputes, bankruptcy, other matters assigned by Congress 
Jurisdiction of U.S. Court of Appeals no original jurisdiction, hears appeals of cases from lower federal courts, u.s. regulatory commissions, legislative courts including the U.D. Court of Federal Claims and the U.S. Court of Veteran Affairs 
Jurisdiction of U.S. Supreme Court rare original jurisdiction- in cases of two or more states, U.S. and a state, foreign ambassadors and other diplomats, a state and a citizen of another state (if begun by state). Appellate Jurisdiction involving cases from the U.S. Court of Appeals, Highest State Courts (cases involving federal questions), and Court of Military Appeals.
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How many Federal District Courts and how many in Texas? 94 total and 4 in TX
How many Courts of U.S. Appeals and which circuit includes TX?

1.     There are 14 circuit courts total and Texas is in the 5th circuit.

Judicial Review The power of the courts to declare an action of the other branches of government and of the states to be unconstitutional and to declare it null and void. 
What does the Constitution say about Judicial Review it is not mentioned
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Supreme Court cases that assert Judicial Review at what level?
  1. Marybury v. Madison- National 
  2. Fletcher v. Peck- state
How did the Supreme Court justify Judicial Review? Interpretation is clearly part of judicial function, determining that an action is contrary to the constitution is part of interpreting a law, and the right of judical power is implied from the Supremacy Clause, and Courts cannot enforce an unconstitutional law or act. 
Criteria of issues coming to the Supreme Court

a.     Real case- must involve a real case or controversy; they will not issue an advisory opinion.

b.     Standing- litigants must have a substantial stake the in the outcome of the case

c.     Not moot- problem must still exist and need resolution

Steps for a case to get to the Supreme Court Most cases come by a writ of certiorari, clerks make a cert list of which they think is most important, judges vote on which cases to take up (at least four justices must vote yes in order to take the case to the court), 
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cases the supreme court is likely to take up

1.     Cases that involve conflicting decisions by the federal circuit courts, cases that present important questions of civil rights or civil liberties, and cases in which the federal government is the appellant.

interest groups influence the supreme court decisions They can find and prepare important test cases, and file amicus curiae briefs in cases. 
Supreme Court procedure for hearing and deciding a case Receive written arguments (briefs) and study them, oral arguments (30 min. includes questions from justices), conferences (private among justices), writing opinions (majority, dissenting, and concurring opinions) no new testimonies are heard. 
why does the supreme court publish their decision They publish it to explain why it has done what it his done- provides guidance to other courts especially circuit courts. How to apply that case. 
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majority opinion

a.     written by someone who voted with the majority opinion and the ruling on the case 

dissenting opinion written by someone the minority opinion of the justices who disagree with the majority opinion and the ruling of the court  
concurring opinion someone who voted with the majority but had different reasoning for voting with them 
stare decisis adhere to the decision- Judges defer to prior decisions (precedents) in similar cases. 
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judicial restraint judges defer to other branches of government and let their decisions stand. 
judicial activism judges should use their power broadly to further justice, especially in areas of equality and personal liberty. 
how does the Attitudinal Model explain judge behavior? It holds that judges make decisions based on their personal attitudes (attributes: party, occupation, education, and prior experiences) 
How does senatorial courtesy affect appointment of federal judges? district courts and state courts presidential appointments should consult with state senators about who they think will be suitable for cases. President typically seeks out advice of those in his party.
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how do presidential appointments affect supreme court justices

a.     the president names nominees after consultation and investigation- he looks for similar justices to his opinions

how does senate review of appointments affect supreme court?  judiciary committee hearing is usually partisan can affect who ends up in the supreme court 
congressional ability to pass laws or propose constitutional amendments If congress doesn’t like supreme court decisions they can pass laws or clarify them to change their decisions. 
Common Law a body of unwritten law emerging out of court decisions- imported with our English founders . Applies to all states except Louisiana 
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Statutory Law passed by the state legislature. 
TX Courts apply what types of laws? Common Law, Statutory law, laws of the Texas Constitution, and the federal constitution (supremacy clause dictates)
How many courts are named by the Texas Constitution in Article V?  there are multiple courts named by the texas constitution in article 7, unlike the federal level 
Two courts of last resort?
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many courts with original jursidiction it is complex and confusing and can allow attorneys to apply jurisdiction shopping to find the court most favorable to its case. 
criticism of De novo trials of appeals

a.     trial of appeals from the JP courts or municipal courts are inefficient

criticism of jurisdiction shopping by lawyers

a.     overlapping jurisdiction among the courts of original jurisdiction allowing lawyers to shop for opinions.

criticism of two supreme courts in TX it creats a Court of Criminal Appeals that is sometimes rigid and inflexible
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Why hasn't there been a reform of the structure of the TX Court structure? Mostly because efforts to reform them will be opposed by judges who think their jobs would be lost to reform (ex: justices of the peace, county judges, lawyers). Much of the structure is written in the constitution and would require amending it. 
judge selection in TX partisan state elections
How does the Texas system of choosing judges compare with methods used by other states? A lot of states use non-partisan election, we are a part of small states using partisan elections. 
What are the common criticisms of the Texas method of choosing judges?

1.     It’s a system that requires judge campaigns and they must raise money- often there will be conflicts of interest because many of the same lawyers who donate may appear in later cases. 

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demographic profile of Texas judges resemble the profile of the Texas population? No, it is mostly old white men
petit juries - a small jury, which is responsible for determining the outcome of a trial in a court of original jurisdiction. Guilty or not, someone has been harmed or not. 
grand juries bigger bodies (approx 23) determine whether a person should be indicted or not, if there is enough evidence to even charge the person with a crime. (all felony indictments must be handed down from the grand jury in TX)   
What is the role of the Texas Commission on Judicial Conduct?

1.     They hear complaints against sitting judges and decide appropriate punishment.

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What tools are available to the Texas Legislature to discipline judges?

1.     Two- only one counts. TX Legislature can bring about impeachment proceedings against a judge, and judges can be removed by judicial address (by passing a law)- meaningless constitutional tradition that is not used.

The Commission on Judicial Conduct can issue private reprimands, publicly censure a judge, or recommend to the Supreme Court that the judge be removed from office.

Distinguish between civil rights and civil liberties.

1.     Civil liberties are issues involving protecting the freedoms of individuals and they arise out of the bill of rights. Civil Rights are questions revolving around equal treatment of individuals. (14th amendments- equal protection of the laws clause)

Where are civil liberties described in the U.S. Constitution? Bill of Rights
What did the Supreme Court say about the Bill of Rights in Barron v. Baltimore (1833)?

Court ruled that the national Bill of Rights limited only the actions of the U.S. government and not those of the states.

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Define selective incorporation of the Bill of Rights.

1.     Became possible once the 14th amendment was ratified (due process clause- the court has ruled that rights defined in the bill of rights apply to the states through the due process clause) case-by-case basis over a long period of time to get the bill of rights to apply to states.

What clause in the 14th amendment has been used to apply parts of the Bill of Rights to the states Due process clause
Establishment clause According to first amendment, Congress cannot establish laws dictating an official national religion
Free exercise clause-

a.     government shall not interfere with the free exercise of religion

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What the test set forth by the Supreme Court in Lemon v. Kurtzman regarding religious activities authorized by a state? is there a secular purpose? it neither advances nor inhibits religion? does not foster excessive government entanglement with religion?
Indirect aid to religious schools has been justified by the Supreme Court using what theory? Child benefit Theory- you can provide benefits to private religious schools if it will benefit the children
What is the significance of the Supreme Court’s decision in Zelman v. Simmons-Harris (2002)? Supreme court upheld the right of the government to give cash payments to people to aid their education and that of their children, even if the parents were using the money to send kids to a religious school. 
Clear and present danger test

 meant to draw a distinction between advocating something illegal and something that could lead to something illegal.

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Direct incitement test strengthens the idea that there must be direct incitement to danger that something illegal will happen. 
Explain the no prior restraint rule used in cases involving freedom of the press.

1.     In dealing with the press there is no prior censorship but we can hold people responsible after publishment.

How do universities commonly regulate freedom of speech on college campuses? They can regulate place, time, and manner, but they cannot regulate the content. 
Describe the Roth test used in judging obscenity cases whether to the average person, applying contemporary community values and standards, the dominant theme of the material taken as a whole, appeals to the prurient interests, utterly without redeeming social importance.
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What did Miller v. California add to the standards used in judging obscenity cases? does it depcit or describe in a ptatently offensive way, sexual conduct specifically denied by state law, does the work as a whole lack serious literary, artistic, political, or scientific value?, does it offend LOCAL community standards?
Libel publication of false statements that are malicious and damage a person's reputation (written)
Slander The spoken version of libel.
Which amendments in the Bill of Rights deal with rights of accused criminals? 4th- searches and seizures and warrants, 5th- no double jeopardy, avoid self incrimination, 6th- right to counsel, 8th- no excessive bail or cruel and unusual punishment.
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What are the things that the Fourth Amendment says must be specified in a search warrant? specific- regard the place to be searched, and the persons or things to be seized.
In what circumstances might a search without a warrant be legal?

1.     Those dealing with incidents to an arrest- limited search in the place where the person was arrested for weapons or clearly visible evidence to protect health and safety of police officers

Define the exclusionary rule and explain its significance.

1.     Evidence not properly attained can be excluded from use in court.

double jeopardy Cannot be tried for the same crime twice. (5th amendment) doesn’t prevent trials from both state and federal suits, or both civil and criminal suits. 
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What are the things included in the Miranda warning that a police officer must give to a suspect who is being arrested? remain silent, 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 the government's expense.
What important part of the Bill of Rights was applied to the states in Gideon v. Wainwright? right to counsel in a trial  was extended to state courts by incorporation into the due process clause of the 14th amendment.
What was the impact of Furman v. Georgia in 1972? capital punishment laws of Texas and Georgia were unconstitutional because they were too vague. States re-enacted their death penalty statutes to meet Supreme Court objections
What is the constitutional basis for the right to privacy upheld by the Supreme Court? The right to privacy is implied by the 14th amendment of the constitution as ruled by the supreme court even though its not specifically stated  
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62. Explain the court’s ruling in Roe v. Wade.

1.     Right to abortion- as the pregnancy advances in time and liability the government has more power to regulate the use of abortion.

Carhart v. Gonzales (2007)- importance of court membership as a factor influencing court decisions? it had previously upheld federal laws regarding Partial Birth Abortion Ban Act of 2003, it didn't overturn Roe v. Wade, it was the first time the court has upheld a complete ban on an abortion procedure. The court had previously overturned several state laws banning partial birth abortion, but the composition of the court changed,
What period in the Supreme Court’s history showed a lot of activity in applying the Bill of Rights to the states? 1960s under the Warren Court which handed down the Miranda decision. 
Which current Supreme Court justices were appointed by President Obama? Kagan and Sotomayor
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Patriot Act- Roving wiretaps broad provision permitting blanket warrants to wiretap any communication devices a person may have. 
delayed notice of search warrants in the Patriot Act

a.     they may search someone’s house without telling them.

What are the parts of the Patriot Act that have cause concerns about civil liberties?  Broad snooping provisions of personal records etc., delayed notice search warrants, indefinite detention of immigrants and other noncitizens, repealed precaustions for sharing information between domestic law enforcement and the intelligence community, roving wiretaps. 
What action did Congress take on the Patriot Act in 2006? renewed it but gave additional protection for civil liberties and increased judicial oversight.
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Describe the NSA warrantless wiretapping and how it was brought to an end.

1.     Bush authorized NSA to carryout wiretaps without a warrant. Courts didn’t agree with this and it was ended.

What has been the relationship between war and external threats and U.S. policy regarding civil liberties? When we feel threatened we allow the government to do more. 
What is the dilemma involving in balancing civil liberties against external threats? We want to protect ourselves against external threats we throw away the system to protect our rights 
Thirteenth Amendment outlawed slavery
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Fourteenth Amendment provided equal protetion and due process for all under the law
Fifteenth Amendment voting rights cannot be denied on basis of "race, color, or previous condition of servitude"
Why was the passage of the Voting Rights Act of 1965 significant? Abolished literacy tests and aided minority voter registration and enforced the 15th amendment . 
De facto segregation where people live. By natural processes not proscribed by law. 
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De Jure Segregation segregation by law. Ex: south after the civil war and reconstruction- Jim Crow laws 
Identify Jim Crow laws.

1.     Broad set of laws to limit the rights of freed slaves. segregation of white only

What was the significance of Plessy v. Ferguson (1896)? set the precedent for Jim Crow laws (separate, but equal) after losing their argument against the first Jim Crow law in 1887 in Florida regarding interstate transportation of segregating railcars.
What is the significance of the Civil Rights Act of 1964? it enforced the 14th amendment protection of equal rights, fighting against segregation and discrimination. Created the Equal Employment Opportunity Commission, gave equal rights to women as well.
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What did the Supreme Court decide in Brown v. Board of Education in 1954? Overturned Plessy v. Ferguson stating that separate schools are inherently unequal.
Elementary and Secondary Education Act in 1965 speed up the pace of school desegregation? Accelerated desegregation by providing money to schools if they establish a desegregation plan 
What did the Supreme Court decide about the use of busing as a tool of school desegregation? authorized the use of busing as a tool desegregation in 1971- (Swann v. Charlote-Mecklenberg County School)
Equal opportunity

  government should base people on their merit, not race etc. 

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Affirmative action try to take deliberate steps to increase minority participation because of past discrimination 
How was affirmative action initiated as a federal policy? in 1966 LBJ enacted an affirmation action in Executive Order 11246
Bakke case

 one of the earliest reverse discrimination cases. Quotas should not be used in affirmative action case

Gratz v. Bollinger

 prohibited minority increases in points of minority scores in admissions tests.

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What did the Civil Rights Act of 1991 say about the use of quotas in affirmative action programs? Prohibit the use of quotas in affirmative action plans 
When and how were women guaranteed the right to vote in the U.S.? 19th amendment in 1920
What was the Equal Rights Amendment and what happened to it? A constitutional amendment imposed by congress trying to outlaw gender discrimination and it failed in ratification 
Identify Lawrence v. Texas and explain its significance to gays and lesbians. Private sexual acts cannot be penalized 
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How many states currently permit same sex marriages? six
How many states have statutory bans on same sex marriage? 36
How many states have constitutional bans on same sex marriage? 30
Identify the Mexican American Legal Defense and Education Fund.

1.     the first legal fund to pursue protection of the rights of Mexican Americans

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Identify the Arizona law regarding illegal immigrants. requires police (when enforcing other laws) to question people about their immigration status if there's a reason to suspect that they are in the country illegally. It also could make failure to carry immigration documents a crime. Allows people to sue government agencies if they believe federal or state immigration laws are not being enforced.issued a stay of execution on the Arizona Law so it has not gone into effect. May go to the Supreme Court at some point. Some states trying to copycat the law but hasn't gone anywhere.
What is the largest minority group in the United States today Hispanics
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 courts of original jurisdictionfirst court to hear a case
 courts of appellate jurisdictioncourts that hear cases on appeal from lower courts and determine whether the law and legal procedures have been appropriately applied. can overturn decisions of lower courts
 criminal case vs. civil caseCriminial case is an act against society (criminal law regulates individual behavior to protect property and public safety)   A Civil case is an act a private person or group (deals with business and contractual relations between groups and individuals)   
 Federal Courts established by the ConstitutionSupreme Court
 How does the Constitution describe the jurisdiction of the Federal Courts

   “the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority”

 Appellate and Original Jurisdiction of the Supreme Courtoriginal jurisdiction in "cases affecting ambassadors, other public minister and consuls, and those in which a state shall be a party"
Appellate jurisdiction "in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."
 Federal Judge Appointment and TermsFederal judges are nominated by the President, and appointed with the advice and consent of the Senate. No term limits, held as long as they demonstrate “good behavior” 
 constitution v. legislative courtsConstitutional courts are established or authorized in the Constitution and Legislative courts are established by Congress under its implied powers and usually serve special purposes. 
 Judiciary Act of 1789?It established a 3-tiered structure of the federal court system. District courts>Circuit Courts (appeal)> Supreme Court 
 Jurisdiction of U.S. District Courtsoriginal jurisdiction, cases involving federal government, civil suits under federal law, civil suits between citizens of different states in issue of $75,000+, admiralty or maritime disputes, bankruptcy, other matters assigned by Congress 
 Jurisdiction of U.S. Court of Appealsno original jurisdiction, hears appeals of cases from lower federal courts, u.s. regulatory commissions, legislative courts including the U.D. Court of Federal Claims and the U.S. Court of Veteran Affairs 
 Jurisdiction of U.S. Supreme Courtrare original jurisdiction- in cases of two or more states, U.S. and a state, foreign ambassadors and other diplomats, a state and a citizen of another state (if begun by state). Appellate Jurisdiction involving cases from the U.S. Court of Appeals, Highest State Courts (cases involving federal questions), and Court of Military Appeals.
 How many Federal District Courts and how many in Texas?94 total and 4 in TX
 How many Courts of U.S. Appeals and which circuit includes TX?

1.     There are 14 circuit courts total and Texas is in the 5th circuit.

 Judicial ReviewThe power of the courts to declare an action of the other branches of government and of the states to be unconstitutional and to declare it null and void. 
 What does the Constitution say about Judicial Reviewit is not mentioned
 Supreme Court cases that assert Judicial Review at what level?
  1. Marybury v. Madison- National 
  2. Fletcher v. Peck- state
 How did the Supreme Court justify Judicial Review?Interpretation is clearly part of judicial function, determining that an action is contrary to the constitution is part of interpreting a law, and the right of judical power is implied from the Supremacy Clause, and Courts cannot enforce an unconstitutional law or act. 
 Criteria of issues coming to the Supreme Court

a.     Real case- must involve a real case or controversy; they will not issue an advisory opinion.

b.     Standing- litigants must have a substantial stake the in the outcome of the case

c.     Not moot- problem must still exist and need resolution

 Steps for a case to get to the Supreme CourtMost cases come by a writ of certiorari, clerks make a cert list of which they think is most important, judges vote on which cases to take up (at least four justices must vote yes in order to take the case to the court), 
 cases the supreme court is likely to take up

1.     Cases that involve conflicting decisions by the federal circuit courts, cases that present important questions of civil rights or civil liberties, and cases in which the federal government is the appellant.

 interest groups influence the supreme court decisionsThey can find and prepare important test cases, and file amicus curiae briefs in cases. 
 Supreme Court procedure for hearing and deciding a caseReceive written arguments (briefs) and study them, oral arguments (30 min. includes questions from justices), conferences (private among justices), writing opinions (majority, dissenting, and concurring opinions) no new testimonies are heard. 
 why does the supreme court publish their decisionThey publish it to explain why it has done what it his done- provides guidance to other courts especially circuit courts. How to apply that case. 
 majority opinion

a.     written by someone who voted with the majority opinion and the ruling on the case 

 dissenting opinionwritten by someone the minority opinion of the justices who disagree with the majority opinion and the ruling of the court  
 concurring opinionsomeone who voted with the majority but had different reasoning for voting with them 
 stare decisisadhere to the decision- Judges defer to prior decisions (precedents) in similar cases. 
 judicial restraintjudges defer to other branches of government and let their decisions stand. 
 judicial activismjudges should use their power broadly to further justice, especially in areas of equality and personal liberty. 
 how does the Attitudinal Model explain judge behavior?It holds that judges make decisions based on their personal attitudes (attributes: party, occupation, education, and prior experiences) 
 How does senatorial courtesy affect appointment of federal judges?district courts and state courts presidential appointments should consult with state senators about who they think will be suitable for cases. President typically seeks out advice of those in his party.
 how do presidential appointments affect supreme court justices

a.     the president names nominees after consultation and investigation- he looks for similar justices to his opinions

 how does senate review of appointments affect supreme court? judiciary committee hearing is usually partisan can affect who ends up in the supreme court 
 congressional ability to pass laws or propose constitutional amendmentsIf congress doesn’t like supreme court decisions they can pass laws or clarify them to change their decisions. 
 Common Lawa body of unwritten law emerging out of court decisions- imported with our English founders . Applies to all states except Louisiana 
 Statutory Lawpassed by the state legislature. 
 TX Courts apply what types of laws?Common Law, Statutory law, laws of the Texas Constitution, and the federal constitution (supremacy clause dictates)
 How many courts are named by the Texas Constitution in Article V? there are multiple courts named by the texas constitution in article 7, unlike the federal level 
 Two courts of last resort? 
 many courts with original jursidictionit is complex and confusing and can allow attorneys to apply jurisdiction shopping to find the court most favorable to its case. 
 criticism of De novo trials of appeals

a.     trial of appeals from the JP courts or municipal courts are inefficient

 criticism of jurisdiction shopping by lawyers

a.     overlapping jurisdiction among the courts of original jurisdiction allowing lawyers to shop for opinions.

 criticism of two supreme courts in TXit creats a Court of Criminal Appeals that is sometimes rigid and inflexible
 Why hasn't there been a reform of the structure of the TX Court structure?Mostly because efforts to reform them will be opposed by judges who think their jobs would be lost to reform (ex: justices of the peace, county judges, lawyers). Much of the structure is written in the constitution and would require amending it. 
 judge selection in TXpartisan state elections
 How does the Texas system of choosing judges compare with methods used by other states?A lot of states use non-partisan election, we are a part of small states using partisan elections. 
 What are the common criticisms of the Texas method of choosing judges?

1.     It’s a system that requires judge campaigns and they must raise money- often there will be conflicts of interest because many of the same lawyers who donate may appear in later cases. 

 demographic profile of Texas judges resemble the profile of the Texas population?No, it is mostly old white men
 petit juries- a small jury, which is responsible for determining the outcome of a trial in a court of original jurisdiction. Guilty or not, someone has been harmed or not. 
 grand juriesbigger bodies (approx 23) determine whether a person should be indicted or not, if there is enough evidence to even charge the person with a crime. (all felony indictments must be handed down from the grand jury in TX)   
 What is the role of the Texas Commission on Judicial Conduct?

1.     They hear complaints against sitting judges and decide appropriate punishment.

 What tools are available to the Texas Legislature to discipline judges?

1.     Two- only one counts. TX Legislature can bring about impeachment proceedings against a judge, and judges can be removed by judicial address (by passing a law)- meaningless constitutional tradition that is not used.

The Commission on Judicial Conduct can issue private reprimands, publicly censure a judge, or recommend to the Supreme Court that the judge be removed from office.

 Distinguish between civil rights and civil liberties.

1.     Civil liberties are issues involving protecting the freedoms of individuals and they arise out of the bill of rights. Civil Rights are questions revolving around equal treatment of individuals. (14th amendments- equal protection of the laws clause)

 Where are civil liberties described in the U.S. Constitution?Bill of Rights
 What did the Supreme Court say about the Bill of Rights in Barron v. Baltimore (1833)?

Court ruled that the national Bill of Rights limited only the actions of the U.S. government and not those of the states.

 Define selective incorporation of the Bill of Rights.

1.     Became possible once the 14th amendment was ratified (due process clause- the court has ruled that rights defined in the bill of rights apply to the states through the due process clause) case-by-case basis over a long period of time to get the bill of rights to apply to states.

 What clause in the 14th amendment has been used to apply parts of the Bill of Rights to the statesDue process clause
 Establishment clauseAccording to first amendment, Congress cannot establish laws dictating an official national religion
 Free exercise clause-

a.     government shall not interfere with the free exercise of religion

 What the test set forth by the Supreme Court in Lemon v. Kurtzman regarding religious activities authorized by a state?is there a secular purpose? it neither advances nor inhibits religion? does not foster excessive government entanglement with religion?
 Indirect aid to religious schools has been justified by the Supreme Court using what theory?Child benefit Theory- you can provide benefits to private religious schools if it will benefit the children
 What is the significance of the Supreme Court’s decision in Zelman v. Simmons-Harris (2002)?Supreme court upheld the right of the government to give cash payments to people to aid their education and that of their children, even if the parents were using the money to send kids to a religious school. 
 Clear and present danger test

 meant to draw a distinction between advocating something illegal and something that could lead to something illegal.

 Direct incitement teststrengthens the idea that there must be direct incitement to danger that something illegal will happen. 
 Explain the no prior restraint rule used in cases involving freedom of the press.

1.     In dealing with the press there is no prior censorship but we can hold people responsible after publishment.

 How do universities commonly regulate freedom of speech on college campuses?They can regulate place, time, and manner, but they cannot regulate the content. 
 Describe the Roth test used in judging obscenity caseswhether to the average person, applying contemporary community values and standards, the dominant theme of the material taken as a whole, appeals to the prurient interests, utterly without redeeming social importance.
 What did Miller v. California add to the standards used in judging obscenity cases?does it depcit or describe in a ptatently offensive way, sexual conduct specifically denied by state law, does the work as a whole lack serious literary, artistic, political, or scientific value?, does it offend LOCAL community standards?
 Libelpublication of false statements that are malicious and damage a person's reputation (written)
 SlanderThe spoken version of libel.
 Which amendments in the Bill of Rights deal with rights of accused criminals?4th- searches and seizures and warrants, 5th- no double jeopardy, avoid self incrimination, 6th- right to counsel, 8th- no excessive bail or cruel and unusual punishment.
 What are the things that the Fourth Amendment says must be specified in a search warrant?specific- regard the place to be searched, and the persons or things to be seized.
 In what circumstances might a search without a warrant be legal?

1.     Those dealing with incidents to an arrest- limited search in the place where the person was arrested for weapons or clearly visible evidence to protect health and safety of police officers

 Define the exclusionary rule and explain its significance.

1.     Evidence not properly attained can be excluded from use in court.

 double jeopardyCannot be tried for the same crime twice. (5th amendment) doesn’t prevent trials from both state and federal suits, or both civil and criminal suits. 
 What are the things included in the Miranda warning that a police officer must give to a suspect who is being arrested?remain silent, 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 the government's expense.
 What important part of the Bill of Rights was applied to the states in Gideon v. Wainwright?right to counsel in a trial  was extended to state courts by incorporation into the due process clause of the 14th amendment.
 What was the impact of Furman v. Georgia in 1972?capital punishment laws of Texas and Georgia were unconstitutional because they were too vague. States re-enacted their death penalty statutes to meet Supreme Court objections
 What is the constitutional basis for the right to privacy upheld by the Supreme Court?The right to privacy is implied by the 14th amendment of the constitution as ruled by the supreme court even though its not specifically stated  
 62. Explain the court’s ruling in Roe v. Wade.

1.     Right to abortion- as the pregnancy advances in time and liability the government has more power to regulate the use of abortion.

 Carhart v. Gonzales (2007)- importance of court membership as a factor influencing court decisions?it had previously upheld federal laws regarding Partial Birth Abortion Ban Act of 2003, it didn't overturn Roe v. Wade, it was the first time the court has upheld a complete ban on an abortion procedure. The court had previously overturned several state laws banning partial birth abortion, but the composition of the court changed,
 What period in the Supreme Court’s history showed a lot of activity in applying the Bill of Rights to the states?1960s under the Warren Court which handed down the Miranda decision. 
 Which current Supreme Court justices were appointed by President Obama?Kagan and Sotomayor
 Patriot Act- Roving wiretapsbroad provision permitting blanket warrants to wiretap any communication devices a person may have. 
 delayed notice of search warrants in the Patriot Act

a.     they may search someone’s house without telling them.

 What are the parts of the Patriot Act that have cause concerns about civil liberties? Broad snooping provisions of personal records etc., delayed notice search warrants, indefinite detention of immigrants and other noncitizens, repealed precaustions for sharing information between domestic law enforcement and the intelligence community, roving wiretaps. 
 What action did Congress take on the Patriot Act in 2006?renewed it but gave additional protection for civil liberties and increased judicial oversight.
 Describe the NSA warrantless wiretapping and how it was brought to an end.

1.     Bush authorized NSA to carryout wiretaps without a warrant. Courts didn’t agree with this and it was ended.

 What has been the relationship between war and external threats and U.S. policy regarding civil liberties?When we feel threatened we allow the government to do more. 
 What is the dilemma involving in balancing civil liberties against external threats?We want to protect ourselves against external threats we throw away the system to protect our rights 
 Thirteenth Amendmentoutlawed slavery
 Fourteenth Amendmentprovided equal protetion and due process for all under the law
 Fifteenth Amendmentvoting rights cannot be denied on basis of "race, color, or previous condition of servitude"
 Why was the passage of the Voting Rights Act of 1965 significant?Abolished literacy tests and aided minority voter registration and enforced the 15th amendment . 
 De facto segregationwhere people live. By natural processes not proscribed by law. 
 De Jure Segregationsegregation by law. Ex: south after the civil war and reconstruction- Jim Crow laws 
 Identify Jim Crow laws.

1.     Broad set of laws to limit the rights of freed slaves. segregation of white only

 What was the significance of Plessy v. Ferguson (1896)?set the precedent for Jim Crow laws (separate, but equal) after losing their argument against the first Jim Crow law in 1887 in Florida regarding interstate transportation of segregating railcars.
 What is the significance of the Civil Rights Act of 1964?it enforced the 14th amendment protection of equal rights, fighting against segregation and discrimination. Created the Equal Employment Opportunity Commission, gave equal rights to women as well.
 What did the Supreme Court decide in Brown v. Board of Education in 1954?Overturned Plessy v. Ferguson stating that separate schools are inherently unequal.
 Elementary and Secondary Education Act in 1965 speed up the pace of school desegregation?Accelerated desegregation by providing money to schools if they establish a desegregation plan 
 What did the Supreme Court decide about the use of busing as a tool of school desegregation?authorized the use of busing as a tool desegregation in 1971- (Swann v. Charlote-Mecklenberg County School)
 Equal opportunity

  government should base people on their merit, not race etc. 

 Affirmative actiontry to take deliberate steps to increase minority participation because of past discrimination 
 How was affirmative action initiated as a federal policy?in 1966 LBJ enacted an affirmation action in Executive Order 11246
 Bakke case

 one of the earliest reverse discrimination cases. Quotas should not be used in affirmative action case

 Gratz v. Bollinger

 prohibited minority increases in points of minority scores in admissions tests.

 What did the Civil Rights Act of 1991 say about the use of quotas in affirmative action programs?Prohibit the use of quotas in affirmative action plans 
 When and how were women guaranteed the right to vote in the U.S.?19th amendment in 1920
 What was the Equal Rights Amendment and what happened to it?A constitutional amendment imposed by congress trying to outlaw gender discrimination and it failed in ratification 
 Identify Lawrence v. Texas and explain its significance to gays and lesbians.Private sexual acts cannot be penalized 
 How many states currently permit same sex marriages?six
 How many states have statutory bans on same sex marriage?36
 How many states have constitutional bans on same sex marriage?30
 Identify the Mexican American Legal Defense and Education Fund.

1.     the first legal fund to pursue protection of the rights of Mexican Americans

 Identify the Arizona law regarding illegal immigrants.requires police (when enforcing other laws) to question people about their immigration status if there's a reason to suspect that they are in the country illegally. It also could make failure to carry immigration documents a crime. Allows people to sue government agencies if they believe federal or state immigration laws are not being enforced.issued a stay of execution on the Arizona Law so it has not gone into effect. May go to the Supreme Court at some point. Some states trying to copycat the law but hasn't gone anywhere.
 What is the largest minority group in the United States todayHispanics
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