Blue Book Final Notes

Political Science 130 with Scattergood at St. Norbert College

About this deck

By: Molly Hansen
Textbook:

American Government: Historical, Popular, and Global Perspectives, Brief Edition
Created: 2010-12-16
Size: 67 flashcards
Views: 45

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Specific Cases and Controversies

-establish "standing" have to been directly:

1-injured in some way to be able to bring a ct case (permission to bring case)

2-causezation have to be able to identify who caused it

3-redress-ability sort of remedy

precedent

example based on previous ct cases that are being applied to recent cases; so theoretically cases treated alike if alike (AKA stare decisis)

common law/case law

interpretations that the court makes on the Constitution, statutes

5th Amendment

applies only to crimes

-in civil cases have to take the stand

double jeopardy

protects against being tried for the same crime twice

4 Sources

-statutes

-common law: stare decisis

-constitution

-administrative rules and orders

administrative rules and orders

details of ct decisions into practice and precedents

legal distinction

ct case used as precedent, not the same

Constitution

law within itself, statutes also laws written by legislature; has upper hand; constitutional law includes interpretations of the constitution

judicial review

interprets Constitution and amendments

crime

violation of criminal code/ statutes passed by WI legislature

criminal code

all criminal statutes combined together

tort vs crime

-against whom (crime violation against society) (tort against contract or individual)

-burden of proof aka reasonable doubt (civil pre ponderous of evidence gets damages but doesn't go to jail

-penalties: jail, death, probations, fines

capital crime

qualify for death penalty

Federal vs State

-interstate commerce

-selling drugs across st lines

-maritime oceans (HOMES)

-Intrastate

-2 state govs are in conflict or 2 citizens who crossed issues

-country to country

-Indian Reservation

-treason

Article 1

Congress

Article 2

Presidency

Article 3

Judiciary

Judicial Review

Constitution overpowers statutes

**established in Marbury vs Madison

-necessary in order to cary out their job

Judiciary

has no requirements in Constitution, but 9 judges

-life-term

-can be impeached

3 tiered court system

-Trial Court: Original Jurisdiction

-US cts of Appeal and State Intermediate Appellate Cts: Appellate Jurisdiction

-US Supreme Ct and State High Cts: Original and Appellate Jurisdiction

Trial

1st step, point of entry into system

-evidence, witness, guilty/not guilty, and judge determines penalty

*mandatory jurisdiction- must hear all courses that comes to them

US Cts of Jurisdiction (Appellate of Circuit CT)

-no witnesses, no evidence, no jury, no guilty/non guilty

* only appeal if something is wrong with process aka police officers, bribery, drunk judge

*uphold or overturn higher ct

confirmation

simple majority

mandatory jurisdiction

have to hear all cases that come before it

* supreme (state and national) don't abide by this pick cases

appellate jurisdiction

an appeal, end = flaw in process answer in appeal is overturn or uphold ct's previous standings

cert pool

all potential cases that have applied to ct in a particular year

Rule of 4

need 4 to hear a case, didn't want majority to be bale to pick all the cases

Writ of certiorari

paper saying going to hear a case in supreme ct

docket

all the cases the supreme ct will hear over the year

In forma pauperis

can get lawyer to represent one if one is super poor

amicus curaie

(friend of the courts) briefs, anyone who is not in the case, ramification of the policy

brief

written thing why one is appealing to the ct, reports from both sides

concurring

agree with majority because of the answer, but usually is different reasons behind it

per-curiam

opinions not signed

Writing Opinions

-Chief Justice assigns if in majority

-majority opinion

-dissenting opinion

-concurring opinions

-plurality opinions

-per curiam opinions

plain meaning

literal, how tea parties want to have literal expression

original

what framers actually mean

living constitution

adapting vagueness and how it makes sense to show how we are using it today

scrutiny

how protected is it? (1st amendment and no discrimination based on 1st amendment items)

intermediate

gender discrimination

minimum

age and sexual orientation

opinion

answer to question and reasoning

Tyranny of the Majority

protection of the minority viewpoints

incorporation doctrine

slow application of the 14th amendment to the state of WI

freedom from

-state religion

-arbitrary acts of gov (due process)

-self-incrimination

Freedom to:

-practice religion

-speech

-press

-assembly

-arms

-fair trial-due process

2 major parts of freedom of religion

-establishment clause

-free-exercise clause

Hecklers Veto

when protestors get violent, not speaker's fault

Reasons why don't have plain meaning for freedom of expression

-its not literally no laws

-have law can't say bomb in airport

-don't literally interpret

-for people's safety

sedition

violent overthrow of the gov

incitement

speech is limited, tell someone to do something violent

Fighting Words

saying something so offensive, someone hits other person (defense is the only way out); not much can be qualified as fighting words today

Libel/Slander

defamation of character; civil case

libel--written and has to be false

slander--oral, has to damage one's reputation, has to be reasonable and believable to everyday people (HARD TO PROVE)

politically correct/hate speech

use he/she neutral terms and hate speeches usually not protected at college, but in K-12

plain sight doctrine

find something illegal, but in the confines of the warrant can be charged

property compensation

pay

Steps in Criminal Proceeding

1-Apprehension

-exclusionary rule

-right against self-incrimination

2-Pre-Trial

-writ of Habeas Corpus

-Right to a lawyer

-pre-trial publicity

-excessive bail

3-Trial

-exclusionary rule/ good faith exception

4-Conviction-cruel and unusual

penumbra

have rights thru precedent

abaortion

-all state legislation

-parental notification

-with no provision for the mother's life, different than saying 3rd trimester abortions are illegal

Right to Die

Oregon physician assisted suicide

-up to states

Positive Acts

protects individuals based on categories such as race, sex, ethnicity, etc

Equal Protection Clause

everyone is created equal under the law

NAACP

national association of american colored people (formed during women suffrage)

de jure discrimination

in law discrimination

de facto discrimination

private discrimination in society

-used commerce clause to intervene in de facto

CRA (1964)

-all school districts have to desegregate by certain date

-cant

About this deck

By: Molly Hansen
Textbook:

American Government: Historical, Popular, and Global Perspectives, Brief Edition
Created: 2010-12-16
Size: 67 flashcards
Views: 45

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy