Vocabulary Terms II (OLD TJ CL&CR)

Match the following

• Civil Court

• Court in which lawsuits are heard. In contrast, criminal cases are heard in criminal court.

• adversarial relationship

• A system of law in which the court is seen as a neutral area where disputants can argue the merits of their cases.

• clear and present danger test

• Nonviolent civil disobedience requires activists to protest peacefully against laws they believe unjust and to be willing to accept arrest as a means of demonstrating the justice of their cause. the notion was popularized by 19th century American writer Henry David Thoreau and was practiced by Martin Luther King Jr.

• broad constructionism

• Belief that the Constitution should be interpreted loosely when concerning the restrictions it places on federal power. Broad constructionists emphasize the importance of the elastic clause which allows Congress to pass laws "necessary and proper" to the performance of its duties.

• civil disobedience

• Interpretation by Justice Oliver Wendell Holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions; for example, one cannot shout "Fire!" in a crowded theater.

Match the following

• indictment

• If allowed, these laws would punish people for actions that occurred before such actions were made criminal.

• Gideon v. Wainwright (1963)

• Court in which criminal trials are heard. In contrast, lawsuits are heard in civil court.

• extradition

• A written statement of criminal charges brought against a defendant. Guarantees that defendants know the charges against them so they can plan a defense.

• criminal court

• Process by which governments return fugitives to the jurisdiction from which they have fled.

• ex post facto laws

• Supreme Court case in which the court ruled that a defendent in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

Match the following

• Miranda v. Arizona (1966)

• Supreme Court case in which the court ruled that, upon arrest, a suspect must be advised of the right to remain silent and the right to consult a lawyer.

• John Marshall

• Supreme Court decision in which the court ruled that the Constitution implicitly guarantees citizens' right to prviacy.

• Jim Crow laws

• The third Chief Justice of the Supreme Court. A Federalist who worked to increase the powers of the federal government over the states. Marshall established the principle of judicial review.

• Griswold v. Connecticut (1965)

• State and local laws passed in the post-Reconstruction Era South to enforce racial segregation and otherwise restrict the rights of African Americans.

• inevitable discovery

• Exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means.

Match the following

• objective good faith

• Exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that police believed they were acting within the limits of their search warrant when they seized the evidence.

• pardon

• Law that closed the loophole that limited suits on discriminatory pay.

• Lilly Ledbetter Fair Play Act (2009)

• Cancellation of criminal punishment. Presidents and governors have the power to grant pardons to those awaiting trial and to those convicted of crimes.

• writ of habeas corpus

• Supreme Court case involving limits on free speech rights. Established the "clear and present danger" principle in determining what type of speech could be restricted.

• Schenck v. United States

• A court order requiring an explanation as to why a prisoner is being held in custody.

Match the following

• Supreme Court

• Law in many states guaranteeing news reporters the right to protect the anonymity of their sources. There is not a statute such as this at the federal level.

• search warrant

• A legal document issued by the Supreme Court to request the court transcripts of a case. This indicates hat the court will review a lower court's decision.

• shield law

• The Supreme Court during the era which Earl Warren served as Chief Justice. Best remembered for expanding rights of minorities and the rights of the accused.

• Warren Court (1953-1969)

• Document issued by the courts to allow the police to search private property. Police must explain to a judge: 1) Where 2) What they are looking for. This also limits where police may carry out the action and what they may take as evidence.

• writ of certiorari

• Highest court in the United States. The only federal court specifically mentioned in the US Constitution.

Match the following

• 22nd Amendment (1951)

• Outlawed poll taxes, which had been used to prevent the poor from voting.

• 19th Amendment (1920)

• Limited the number of years an individual may serve as president. A president may be elected no more than twice.

• 26th Amendment (1971)

• established the direct election of U.S. Senators by the people of each state, rather than their election by state legislatures, aiming for greater accountability and responsiveness from the Senate. 

• 17th Amendment (1913)

• Lowered the voting age from 21 to 18.

• 24th Amendment (1964)

• Granted voting rights to women

Match the following

• 1st Amendment

• protects the right of individuals to keep and bear arms, a right that is not unlimited and can be subject to certain restrictions. Courts tend to rule on the side of personal liberty in these cases..

• 5th Amendment

• protects fundamental freedoms, including religion, speech, press, assembly, and petition, limiting government power and safeguarding individual liberties.  None of these liberties are unlimited and can be subject to certain restrictions.

• 2nd Amendment

• protects individuals in criminal cases, guaranteeing the right to remain silent, protection against double jeopardy, and due process of law, including compensation for property taken for public use. 

• 4th Amendment

• protects citizens from unreasonable searches and seizures by the government, requiring law enforcement to obtain a warrant based on probable cause before conducting a search. 

• 6th Amendment

• guarantees the rights of the accused in criminal prosecutions, ensuring a fair trial, including the right to a speedy and public trial, an impartial jury, and legal representation. 

Match the following

• 10th Amendment

• prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude," effectively guaranteeing African American men the right to vote. 

• 13th Amendment (1865)

• abolished slavery and involuntary servitude, except as punishment for a crime

• 14th Amendment (1868)

• prohibits the federal government from imposing excessive bail, excessive fines, and cruel and unusual punishments. 

• 15th Amendment (1870)

• granting citizenship to all persons born or naturalized in the United States and ensuring equal protection under the law, while also prohibiting states from depriving individuals of life, liberty, or property without due process. 

• 8th Amendment

• powers not explicitly delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. 

The power of the government to take away property for public use as long as there is just compensation for property taken.

• senatorial courtesy

• eminent domain

• selective incorporation

• judicial activism