Ch 8 and 10 (Final Day 2)

Question 1

Jurisdiction

Answer 1

The authority to hear and decide each case

Question 2

Original Jurisdiction

Answer 2

The Court that hears the case first has original jurisdiction.

Question 3

Appellate Jurisdiction

Answer 3

is the power of a court to review decisions and change outcomes of decisions of lower courts.

Question 4

Appeal

Answer 4

apply to a higher court for a reversal of the decision of a lower court

Question 5

Appellate

Answer 5

• person to files an appeal-appellant- usually has to show the original ruling was based on a legal mistake

Question 6

Writ of Certiorari

Answer 6

an order by a higher court seeking review of a lower case.

Question 7

process of how supreme court cases are decided

Answer 7

Select a case (court requests reviewing) → briefs (written) →
hear oral arguments (spoken) ->
read arguments of each of the sides → issue opinion

Question 8

majority opinion

Answer 8

5/9 supreme court justices

Question 9

what can the supreme court issue as their decision

Answer 9

Dissenting opinions - if one disagree w/ majority

Concurring opinions - a judge agrees with the ultimate conclusion made by the majority of the court but disagrees on how they reached that decision.

Majority opinion - signed by 5 out of the 9 justices

Question 10

What cases make up the majority of the supreme courts caseload?

Answer 10

appeals

Question 11

How many levels to the federal court system?

Answer 11

three main:
- district courts (the trial court),
- circuit courts (which are the first level of appeal)
- and the Supreme Court

Question 12

What is the ultimate appellate court of the US?

Answer 12

The supreme court

Question 13

How is the federal court system tiered?

Answer 13

district courts –> circuit courts –> Supreme Court

Question 14

Dual court system

Answer 14

we have a dual court system meaning we have a federal and state court

Question 15

Who is a supreme court justice nominated by?

Answer 15

The president

Question 16

Who is a supreme court justice confirmed by?

Answer 16

the senate

Question 17

Plaintiff

Answer 17

the one suing

Question 18

Defendant

Answer 18

the person being accused or sued in court

Question 19

judicial restraint

Answer 19

philosophy that advocates for the constitution to be interpreted according to the framers original intentions

Question 20

judicial activism

Answer 20

philosophy that advocates for the constitution to be interpreted more broadly and to adapt to today’s demands/opinions

Question 21

Judicial review

Answer 21

a check on the other branches
- The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution

Question 22

which branch has the power to create courts over time

Answer 22

congress

Question 23

Qualities of a supreme court justice

Answer 23

same criteria as other judges
→ political “litmus test”

Question 24

What factors are considered when appointing federal judges

Answer 24

Legal Expertise (need to know everything abt law, law school)
party affiliation (resonates w the president)
opinions of the senate (senate has to approve them and like them)
judicial philosophy

Question 25

cases that would fall under federal jurisdiction

Answer 25

terrorism, armed robbery of a bank, drug trafficking across staff lines, mudering a federal official, etc

Question 26

cases that would fall under state jurisdiction

Answer 26

murder, theft, rape, misdemeanor charges

Question 27

Are most cases overturned or upheld when taken up by the courts of appeals

Answer 27

no

Question 28

When our rights conflict, who decided what prevails.?

Answer 28

courts

Question 29

symbolic speech

Answer 29

using armbands to protest vietnam war, burning american flag

Question 30

14th amendment

Answer 30

allowed for the bill of rights to be applied to all states

Question 31

Selective incorporation

Answer 31

the bill of rights not being immediately incorporated, slowly did it - under 14th ammendment

Question 32

Establishment clause

Answer 32

gov cannot create an offical religion or support one over another -> seperation of church and state

Question 33

due process clause

Answer 33

ex: if a person was sent straight to jail w/o a trial - no state shall deprive any person of life, liberty, property, w/o due process of law"

Question 34

defamation

Answer 34

publishing false statements about someone (with actual malice) that can ruin their reputation

Question 35

written defamation

Answer 35

libel

Question 36

spoken defamation

Answer 36

slander

Question 37

miranda rights

Answer 37

"right to remain silent.. etc" (5th ammendment) cops read them to u - if someone was arrested and not read their miranda rights, their confession CAN NOT be used in the trial even if their guilty

Question 38

What’s the first amendment?

Answer 38

Protects our Freedom of Religion, Speech and the Press: The Right to Assemble and Petition

Question 39

What’s the second amendment?

Answer 39

The Right to Bear Arms

Question 40

What’s the third amendment?

Answer 40

protects against the quatering of soldiers in your home

Question 41

What’s the fourth amendment?

Answer 41

protects against unreasonable searches and seizures

Question 42

What’s the fifth amendment?

Answer 42

includes the due process clause and miranda rights - i plead the 5th dont have to say nun

Question 43

What’s the sixth amendment?

Answer 43

right to speedy and public trial, trial by jury, and an adequate defense

Question 44

What’s the eighth amendment

Answer 44

protects against cruel and unusual punishment (execessive fines, bail, etc)

Question 45

If a police officer sees a brick of cocaine in someones car, can the police officer can seize the cocaine without a search warrant

Answer 45

yes they can

Question 46

what does the police need to search someones house for drugs?

Answer 46

a search warrant

Question 47

Probable cause

Answer 47

strong likelihood tha evidence will be found (consent, plain view, vechile exeception, suspicion)

Question 48

exclusionary rule

Answer 48

evidence obtained illegally can never be used

Question 49

double jepordy

Answer 49

a person can never be retried twice for the same thing even if new evidence emerges proving guilt

Question 50

Are our rights absolute

Answer 50

No, There are limits. can scream bomb in an airport, or fire in a random theater, etc

Question 51

do we have a right to privacy and is it listed in the consitution

Answer 51

we do, but its not listed specifically (infered from 1, 3, 4, and 5 ammendment

Question 52

Procedural due process

Answer 52

qyestioning legal procedures (did the police, courts, gov follow the right steps)

Question 53

Substantive Due process

Answer 53

questioning if a law is fair

Question 54

can the supreme court deem any law as unconsitutional, even if a case was never brought to the supreme court

Answer 54

no cant

Question 55

habeas corpus

Answer 55

gov cant hold u in jail indefinitely, must go to a judge and be charged w a crime or they have to let u go