Ch 4 Test Flashcards

(63 cards)

1
Q

Judicial Branch

A

The branch of government that interprets laws and ensures they are applied fairly under the Constitution.

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2
Q

Article III

A

The section of the Constitution that establishes the Judicial Branch and the Supreme Court.

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3
Q

Court System Creation

A

The Legislative Branch (Congress) created the lower federal courts.

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4
Q

“Innocent Until Proven Guilty”

A

A legal principle that places the burden of proof on the prosecution; the accused doesn’t have to prove their innocence.

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5
Q

Equal Justice for All

A

The concept that everyone, regardless of background, receives fair treatment under the law.

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6
Q

Federal Courts

A

Three-tiered system: U.S. District Courts (trial), U.S. Courts of Appeals (appellate), and the U.S. Supreme Court.

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7
Q

State Courts

A

Similar structure to federal, but handle state law. Includes trial courts, intermediate appellate courts, and state supreme courts.

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8
Q

District Courts

A

Lowest level of the federal system; hold trials and have original jurisdiction.

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9
Q

Courts of Appeals

A

Review decisions from lower courts; do not hold trials.

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10
Q

Supreme Court of the U.S. (SCOTUS)

A

The highest court in the country; has final authority on constitutional matters.

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11
Q

Jurisdiction

A

The authority of a court to hear a case.

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12
Q

Original Jurisdiction

A

The power to hear a case for the first time.

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13
Q

Appellate Jurisdiction

A

The power to review decisions made by lower courts.

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14
Q

Reverse (Appellate Ruling)

A

To overturn a lower court’s decision.

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15
Q

Affirm (Appellate Ruling)

A

To uphold a lower court’s decision.

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16
Q

Remand (Appellate Ruling)

A

To send a case back to a lower court for further action.

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17
Q

Number of Justices

A

Nine total – one Chief Justice and eight Associate Justices.

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18
Q

Chief Justice

A

Presides over the Supreme Court and has significant administrative duties.

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19
Q

Associate Justices

A

The eight other justices who deliberate and vote on cases.

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20
Q

Nomination Process

A

President nominates federal judges, Senate confirms.

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21
Q

Role of Senate

A

Approves or rejects judicial nominees through hearings and votes.

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22
Q

Judge Tenure

A

Federal judges serve for life unless they resign, retire, or are impeached.

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23
Q

Why do Presidents Nominate Judges?

A

To influence the judicial direction of the country, often based on ideology.

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24
Q

SCOTUS Requirements

A

No official constitutional requirements to become a justice.

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25
Criminal Case
The government prosecutes someone accused of breaking the law.
26
Civil Case
Legal disputes between individuals or groups over rights or responsibilities.
27
Writ of Certiorari
An official order by the Supreme Court to review a lower court's case.
28
Precedent (Stare Decisis)
The practice of deciding new cases based on prior judicial decisions.
29
Strict Interpretation
Literal reading of the Constitution based on exact wording.
30
Loose Interpretation
Broader, more flexible understanding of constitutional language.
31
Term of SCOTUS
Begins in October and usually runs until June each year.
32
Caseload of SCOTUS
Thousands of cases are requested, but only a small percentage are heard.
33
Briefs
Written arguments submitted to the Court before oral arguments.
34
Majority Opinion
Official ruling of the Court.
35
Dissenting Opinion
Written by justices who disagree.
36
Concurring Opinion
Agrees with the majority but for different reasons
37
Enforcement of Decisions
Handled by the Executive Branch and lower courts.
38
Judicial Review
The power of the Court to strike down laws or actions that violate the Constitution.
39
Marbury v. Madison (1803) established what?
Established judicial review.
40
Checks on Judicial Branch Executive:
Appoints judges.
41
Checks on Judicial Branch Legislative:
Confirms judges, amends Constitution.
42
Checks on Judicial Branch Public:
Influences indirectly via elections and opinion.
43
4th Amendment
Protection from unreasonable searches and seizures.
44
5th Amendment
Right to remain silent, no double jeopardy, due process.
45
6th Amendment
Right to a speedy trial, legal counsel, and to confront witnesses.
46
8th Amendment
No cruel or unusual punishment; protection from excessive bail or fines.
47
Jury Trial
The right to be judged by peers in a legal proceeding.
48
Marbury v. Madison (1803)
Established Judicial Review. The case established that the Supreme Court has the power to review laws and actions to determine if they are constitutional. Marbury v. Madison solidified the Court's role in interpreting the Constitution.
49
McCulloch v. Maryland (1819)
Strengthened federal power through implied powers. The Court ruled that Congress could create a national bank and that states could not tax federal institutions, reinforcing federal supremacy.
50
Dred Scott v. Sandford (1857)
Denied citizenship to African Americans. The Court said enslaved people and their descendants could not be U.S. citizens, and declared the Missouri Compromise unconstitutional.
51
Plessy v. Ferguson (1896)
Upheld "separate but equal" segregation. The ruling allowed racial segregation in public facilities, as long as the facilities were supposedly equal.
52
Schenck v. United States (1919)
Limited speech during wartime. Speech that presents a “clear and present danger” to national security can be restricted, even if it would be protected otherwise.
53
Korematsu v. United States (1944)
Upheld Japanese internment. The Court ruled that wartime internment of Japanese Americans was justified by national security, despite racial discrimination concerns.
54
Brown v. Board of Education (1954)
Ended segregation in public schools. The Court ruled that “separate but equal” schools are inherently unequal, violating the 14th Amendment's Equal Protection Clause.
55
Mapp v. Ohio (1961)
Applied the exclusionary rule to states. Evidence obtained illegally can’t be used in court, enforcing Fourth Amendment protections against unlawful searches.
56
Gideon v. Wainwright (1963)
Guaranteed right to an attorney. The Court ruled that state courts must provide attorneys for defendants who can’t afford one, under the Sixth Amendment.
57
Miranda v. Arizona (1966)
Required police to inform suspects of rights. Suspects must be told they have the right to remain silent and to an attorney, protecting Fifth Amendment rights.
58
Loving v. Virginia (1967)
Struck down bans on interracial marriage. The Court ruled such bans violated the 14th Amendment’s Equal Protection Clause and the fundamental right to marry.
59
Tinker v. Des Moines (1969)
Protected student free speech. Students have First Amendment rights at school, as long as their speech does not disrupt the learning environment.
60
Roe v. Wade (1973)
Legalized abortion under the right to privacy. The Court ruled that the right to privacy, under the 14th Amendment, protected a woman’s right to choose an abortion. Overturned in 2022
61
Bush v. Gore (2000)
Ended Florida recount in 2000 election. The Court said different counting standards violated the Equal Protection Clause, effectively deciding the presidential election.
62
Citizens United v. F.E.C. (2010)
Allowed unlimited political spending by corporations. Political spending is protected as free speech under the First Amendment, even by corporations and unions.
63
Obergefell v. Hodges (2015)
Legalized same-sex marriage nationwide. The Court ruled that denying same-sex couples the right to marry violated the 14th Amendment’s Equal Protection and Due Process Clauses.