GOVT 2302 EXAM 1 STUDY LIST
Dr. Garrison
Fall 2009
Revised 9-1-09

(shea/tx2e/fal09)

(Also see text & MyPoliSci study lists)
The Federal Judiciary, Shea text chapter 4
Dual court system
French-Roman & Anglo-American legal systems
adversarial system

inquisitorial system
constitutional courts, legislative courts

Jurisdiction

original jurisdiction, trial courts
appellate jurisdiction, appellate courts

criminal prosecutions, civil lawsuits
settlements, plea bargains
Appellate Courts
intermediate appellate courts

     courts of last resort
     appellate briefs
     opinions: majority, concurring, dissenting
The U. S. Supreme Court
    writ of certiorari,
   Warren, Burger, Rehnquist, & Roberts Courts

granting “cert,” rule of four

in forma pauperis petition
oral argument

Solicitor General

Judicial conference

federal courts

federal district court
federal courts of appeals

      Power of American Judges
      case precedents
      Constitutional & Statutory Interpretation
      Statutes

Judicial review
Marbury v. Madison (1803)
Judiciary Act of 1789

John Marshall
     writ of mandamus
     precedent, stare decisis, common law
     legal brief
Federal Judges' Protected Tenure
   impeachment
     Court Packing Plan

Foreign Intelligence Surveillance Court

Judicial selection
     nomination criteria
     confirmation process
     senatorial courtesy
     filibuster
Judicial Selection in the States
merit selection
retention elections

Judges' Decision making
standing to sue

test cases
class action

amicus curiae

habeas corpus

recusal

Political Science & Judicial Decision making
legal model

     attitudinal model
      rational choice model
      New institutionalism

Judicial philosophy
     original intent
     strict construction
     flexible construction
     “living” constitution
     ideology

Judicial restraint

political question doctrine

remedies

Judicial activism

Interest group litigation
expertise

     litigation resources
     Elements of strategy
       selection of cases

            test case
       Choice of jurisdiction
       amicus briefs

        public relations
    judicial policymaking and democracy
     judicial implementation

Texas Judiciary, Shea text chapter 24
Texas court system:
     in federal system, penal code, felonies, misdemeanors, civil lawsuit, statutes, plaintiff
jurisdiction: original, appellate

bifurcated court system
Courts of limited jurisdiction
municipal court

ordinances

de novo
justice of the peace court

          small claims court
County Courts
     constitutional county court
     statutory county courts
     county court at law

Texas DWI

Probate

Courts of General Jurisdiction

     district court
          plea bargaining
Intermediate Courts of Appeals
     court of appeals
The Highest Appellate Courts

     Texas Supreme Court
     Texas Court of Criminal Appeals
      petition for review
      application for discretionary review
      pro bono
Texas Judges/Others

The Jury System
     Grand jury
       Petit jury
Judicial Decision making & Controversies
    Activism
     Impropriety

Campaign Contributions & Republican Gains
Legislative Reaction

Winners & Losers

TX judicial selection process
judicial campaign finance reform; Justice for Sale

senatorial courtesy

Missouri Plan

retention election

     appointment-retention system
Minorities & the Judicial System
    appointments
     women
     solutions
criticisms of Texas courts
Crime & punishment
Politics & the Courts
State Judicial Policy

Education
Abortion

Adam Liptak Justices Tell Judges Not to Rule on Major Backers , New York Times, June 9, 2009.
Christy Hoppe, "Supreme Court backs judges' recusals in big donors' cases," The Dallas Morning News, June 9, 2009

Texas judicial process

Civil Liberties, Shea text , chapter 5 key terms
civil liberties
civil rights
Bill of Rights
9th Amendment
Baron v. Baltimore (1833)

due process clause of 14^th Amendment

John Marshall
Incorporation Doctrine & Nationalization of the Bill of Rights
selective incorporation
due process clause
substantive due process
fundamental freedoms
absolute rights

balancing of rights

"preferred position” doctrine
Gitlow v. New York
Cruel & Unusual Punishment
Key Decision on Civil Liberties

1st Amendment: Freedom of Religion
establishment clause

separationist

accommodationist
Engel v. Vitale (1962)

The Lemon test

Lemon v. Kurtzman (1973)

     free exercise clause
      Jehovah's Witnesses
       strict scrutiny
ACLU
freedom of speech

clear and present danger test
Oliver W. Holmes, Jr.

direct incitement test
political speech

commercial speech

symbolic speech
reasonable, time, manner, place restrictions

freedom of press
     prior restraint
     defamation
     Near v. Minnesota (1933)

libel
"public figure"

slander

New York Times v Sullivan (1964)

New York Times v. U.S. (1973)

reporter's privilege
press shield law

Pentagon Papers case

USA Patriot Act
protected speech
obscenity
Roth v. U.S. (1957)

Miller v. California (1973)

Communications Decency Act

Reno v. ACLU

2nd Amendment Right to Bear Arms
District of Columbia v Heller (2008)
Search & Seizure

     warrant
     4th Amendment
     Mapp v. Ohio (1962)
     exclusionary rule
     "no knock" Hudson v. Michigan (2005)
5th Amendment
Self Incrimination
    double jeopardy
    compelled self-incrimination
   Miranda v. Arizona (1966)
     Miranda rights
EMINENT DOMAIN

Kelo v. New London (2005)
Trial Rights

confrontation

compulsory process

speedy & public trial

trial by jury

bench trials

plea bargaining
right to counsel
Gideon v. Wainwright (1964)
6th Amendment
jury trials
8th Amendment
capital punishment
death penalty
Coker v. Georgia,
Atkins v. Virginia, 536 U.S. 304 (2002
Roper v. Simmons
US Supreme Court seems divided on 3 death penalty cases
Texas death penalty:

Smith v. Texas, 05-11304, Brewer v. Quarterman, 05-11287, and Abdul-Kabir v. Quarterman, 05-11284.

Lethal injection

Right to Privacy:
Griswold v. Connecticut (1965)

“zones of privacy”
Abortion

Roe v. Wade (1973)

trimester scheme

Planned Parenthood v. Casey (1992)
"undue burden"

     Partial birth abortion ban:
          Stenberg v. Carhart (2000)
          Gonzales v. Carhart (2007)
Private Sexual Conduct
Homosexuality:

      Bowers v. Hardwick (1986)
          sodomy laws
Lawrence v. Texas (2003)
      Romer v. Evans (1996)

Boy Scouts of America v. Dale (2000)

Right to die
Gonzales v. Oregon (2006) physician assisted suicide
habeas corpus

bill of attainder
ex post facto law

Civil liberties & the war on terrorism

Civil Rights, Shea text chapter 6 key terms
Civil rights or equal rights
political equality

equality of condition

equality of opportunity

Equal Protection of the law

Three-Fifths Compromise

Dred Scott v. Sandford (1857)

Civil War Amendments

Equal protection clause of the 14^th Amendment

Racial discrimination

De facto discrimination

De jure discrimination

Civil War Amendments -- 13, 14, 15
Black Codes
Jim Crow laws
Yick Wo v. Hopkins (1886)

Plessy v. Ferguson

“Separate but equal”

vote discrimination: poll tax, grandfather clause, literacy test,
white primaries, Texas white primary

Sweatt v. Painter
African Americans Civil Rights

Litigation Strategies
NAACP

Brown v. Board of Education, Topeka, Kansas (1954)
Earl Warren

ordinary scrutiny

strict scrutiny
Equal protection clause of the 14^th Amendment

suspect classification
Reasonable basis test

Strict scrutiny

Intermediate scrutiny test

restrictive covenants
Grassroots Mobilization
Martin Luther King Jr.

busing

Civil Rights Act of 1964
public accommodations
EEOC

Heart of Atlanta Motel v. U.S.

Katezenbach v. McClung (Ollie’s BBQ)
commerce clause

Voting Rights Act of 1965 & Amendments
   voter registration
     preclearance,
          NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE v. HOLDER, ATTORNEY GENERAL, ET AL.

David Stout, "Justices Let Stand a Central Provision of Voting Rights Act," New York Times, June 22, 2009.

language minorities: Spanish, Vietnamese

Affirmative action

University of California v. Bakke (1973)

Adarand v. Pena

Hopwood v. Texas
Grutter v. Bollinger (2003), Gratz v. Bollinger (2003)

Rights of Women
Bradwell v. Illinois (1873)

Sex discrimination
suffrage movement
19^th Amendment

ERA

gender gap

Family Leave Act of 1993

Comparable worth

Sexual harassment

Title IX

     VAWA
   Ledbetter v. Goodyear Tire and Rubber Co. (2007)
     Fair Pay Restoration Act of 2007

Age Discrimination Act of 1975

1990 American with Disabilities Act

Native American rights

Indian Bill of Rights 1968

Ancestral lands

Casino gambling

Hispanic (Latino) American rights
     Cesar Chavez
     Hernandez v. Texas (1954)  (Findlaw)
     LULAC v. Perry (2006)

Immigration laws
The Constitution Project: Yick Wo and the Equal Protection Clause

LULAC

     MALDEF
Hispanic voting power
Significant Texas cases
     Smith v. Allwright (1944) (Findlaw)
     Sweatt v. Painter (1950) (Findlaw)
     Hernandez v. Texas (1954)  (Findlaw)
     Roe v. Wade (1973)
     Ruiz v. Estelle (1980) (Findlaw)
     Hopwood v. Texas (1992) (Findlaw)
     Lawrence v. Texas (2003)
    Plyler v. Doe (1982)
     "Robin Hood" law
Asian American rights

Hirabayashi v. U.S.

Korematsu v. U.S.

Homosexual rights

Bowers v. Hardwick
Romer v. Evans

Lawrence v. Texas (2003)

John Marshall writ of mandamus precedent, stare decisis, common law legal brief Federal Judges' Protected Tenure impeachment Court Packing Plan