The document discusses key concepts and cases related to the US judicial system, including the Warren Court's era of judicial activism, judicial review established by Marbury v. Madison, and the incorporation of rights protections to states through the 14th Amendment including in cases like Gitlow v. New York. Major figures discussed include Chief Justices Earl Warren, John Marshall, and concepts like habeas corpus, due process, sovereign immunity, and the exclusionary rule.

1. Judicial Branch

2. Earl Warren 3 point clue 2 point clue 1 point clue Head of the Activist Court. Tinker v. Des Moines was in session during this court case. The court justice with the most controversial cases.

3. Judicial Restraint 3 point clue 2 point clue 1 point clue Bush v. Gore involved this issue. Strict constructionism is equivalent to this term. The principle where judicial review should be used

4. Judicial Interpretation 3 point clue 2 point clue 1 point clue Brown v. Board of Ed uses this. Marbury v. Madison expanded this. Judicial Activism relates to this as well as judicial restraint, but not as much.

5. Common Law 3 point clue 2 point clue 1 point clue Equivalent to stare decis. Based on judicial precedent. Also called a case law.

6. Public Law 3 point clue 2 point clue 1 point clue All states accept this except Louisiana. Involves the Constitutional, Administrative, and Criminal Law. Laws involving individuals and state.

7. Due Process 3 point clue 2 point clue 1 point clue Dred Scott v. Sandford involved with this issue. Involves the 14 th and 5 th amendment. Protects natural rights without law.

8. Exclusionary Rule 3 point clue 2 point clue 1 point clue Mapp v. Ohio made states reject this issue. This issue involves the Forth and Fifth amendment. Unauthorized search and seizure is illegal in court because of this rule.

9. Amicus Curiae 3 point clue 2 point clue 1 point clue Sometimes ALCU uses this in court cases. Used for an advantage for interest groups. “ Friend of the court”

10. Informa Pauperis 3 point clue 2 point clue 1 point clue Manning v. Taft couldn’t be covered by this. Gideon v. Wainwright involved with this issue. “ In character or manner of a pauper”

11. Gitlow v. New York 3 point clue 2 point clue 1 point clue Now protects freedom of speech and press in states because of this court case. First case where Bill of Rights where applied to both states and government. Ruled by letting the 14 th Amendment stop states from violating the 1 st Amendment in states.

12. John Jay 3 point clue 2 point clue 1 point clue Resided over Chisholm v. Georgia Helped to write the Federalist Papers First Chief Justice of the United States

13. Warren Earl Burger 3 point clue 2 point clue 1 point clue Resided over the case that would serve as a precedent to Griswold v. Connecticut Famous cases dealt with abortion, executive privilege, and school desegregation

14. Judicial Review 3 point clue 2 point clue 1 point clue Judicial Activists advise the use of this power Brown v. Board of Education is an example of its use Marbury v. Madison created this power

15. Habeas Corpus 3 point clue 2 point clue 1 point clue Boumediene v. Bush ruled this writ extended to enemy combatants, meaning they could not be detained without being charged “ Show me the body” President Lincoln suspended this at the start of the Civil War

16. The 14 th Amendment 3 point clue 2 point clue 1 point clue Barron v. Baltimore led to its invention Due Process Clause First part of the Constitution to mention equality for all citizens

17. Stare Decisis 3 point clue 2 point clue 1 point clue Used in the case Griswold v. Connecticut “ Let the decision stand” or “stand by things decided” Precedent

18. Sovereign Immunity 3 point clue 2 point clue 1 point clue Adopted as a part of the 11 th Amendment in response to Chisholm v. Georgia The 14 th Amendment gives Congress the power to suspend it Doctrine that means the state or sovereign can do no legal wrong

19. Appellate Jurisdiction 3 point clue 2 point clue 1 point clue In the hierarchy of the U.S. court system, every court has this over the court below it Power of a court to review decision and change outcomes of decisions of lower courts To make it to a court with this power a person must submit an appeal for review

20. Civil Action Suit 3 point clue 2 point clue 1 point clue Dukes v. Wal Mart is the largest one in U.S. history Brown v. Board of Education is one of the most influential to occur A lawsuit brought by one party on behalf of a group of individuals

21. Establishment Clause 3 point clue 2 point clue 1 point clue Sante Fe Independent School District was decided based on this Lemon v. Kurtzman ruled that an Act in Pennsylvania was unconstitutional based on this Free Exercise is one of the only other few places to address the same freedom as this

22. Writ of Certiority 3 point clue 2 point clue 1 point clue When petitioning for one of these, the party that lost in a lower court explains why the Supreme Court should review the case. It means to make certain. A document issued by the Supreme Court ordering that a case from a lower court be brought before it.

23. Judicial Activism 3 point clue 2 point clue 1 point clue Started in the 1880s and 1890s as the court set itself up as the arbiter of what kind of regulation was permissible. Based on the belief that the court has both the right and obligation to use its power of judicial review to overturn bad precedents and promote socially desirable goals. Also called loose constructivism.

24. Writ of Mandamus 3 point clue 2 point clue 1 point clue Requested in Marbury w. Madison to try and order Madison to “do his duty.” It means “we command.” This orders a public agency to perform an act required by law.

25. Senatorial Courtesy 3 point clue 2 point clue 1 point clue Blue-slip Policy An unwritten rule in electing judges. A rule that allows a senator to block the nomination of an official to a federal position in his or her own state

26. Litmus Test 3 point clue 2 point clue 1 point clue A way of finding out whether a person is a dyed-in-the-wool liberal or a conservative. An issue on this for liberals may be support for abortion or opposition to school prayer. A test of ideological purity.

27. Incorporation 3 point clue 2 point clue 1 point clue Gitlow v. New York did this to the 1 st Amendment. 1 st , 4 th , and 6 th Amendments have been completely applied to the states through this. Process by which the Supreme Court applies the Bill of Rights to the states through the 14 th Amendment

28. Original Jurisdiction 3 point clue 2 point clue 1 point clue Outlined in Article 3 of the Constitution. Cases involving 2 or more states, US & a state, foreign ambassadors & other diplomats, and a state & a citizen of a different state (if begun by the state). A court’s authority to hear a case for the first time, before it appears in any other court.

29. John Marshall 3 point clue 2 point clue 1 point clue Wrote decision stating the Supreme Court could declare any act of Congress unconstitutional, power comes from the people, and federal low is supreme over state law. Appointed by Hamilton to lead the Supreme Court during the formative years of the new republic. Lead Supreme Court in McCulloch v. Maryland and Marbury v. Madison.

30. Judiciary Act of 1789 3 point clue 2 point clue 1 point clue Gave court right to issue writs as a part of its original jurisdiction. Said decisions from lower courts can be appealed to a higher court for review. Established a federal judicial system made up of district and circuit courts and specified kinds of cases the courts could try.

31. Article III 3 point clue 2 point clue 1 point clue Outlines jurisdictions of the courts. Modified by Amendment 11. An article in the constitution.