Chapter 10, 6, 7 Test Flashcards
Pass this test (93 cards)
1
Q
What is the purpose of courts?
A
To deal with disputes involving laws. Courts in our legal system resolve two kinds of legal conflicts.
2
Q
Types of cases
A
Civil cases
Criminal cases
3
Q
Plaintiff
A
the typical civil case is brought to court by a party called the plaintiff, an individual or a group of people who bring a complaint against another party. IF it’s a civil case
4
Q
Defendant
A
The party who answers a complaint and defends against it
5
Q
Prosecution
A
a criminal case is always brought to court by the prosecution, a government body that brings a criminal charge against a defendant who is accused of breaking one of its laws
6
Q
Judge
A
applies the law to the conflict between the plaintiff or prosecution and the defendant. Determining which side’s argument is most in keeping with the law. The judge directs the proceedings but must remain neutral and not take sides in the conflict
7
Q
Jury
A
decides the facts of a case, such as what happened and who did it
8
Q
Jurisdiction
A
The ability for a court to hear the case
9
Q
Original Jurisdiction
A
the authority to hear a case first. A court with original jurisdiction determines the facts in a case
10
Q
Appeal
A
to ask a higher court to review the decision and determine if justice was done. In each state, there are appeals courts set up just for the purpose of hearing cases appealed from lower state courts
11
Q
Appellate Jurisdiction
A
The authority to hear an appeal. An appeal does not hold a trial, nor does it determine the facts in a case. Its purpose is to review the legal issues involved, to determine if the law was applied fairly and if due process of law was followed
12
Q
Two types of cases heard by federal courts
A
- Cases involving federal laws and issues beyond the authority of individual states. Federal courts have original jurisdiction
- Cases appealed from state supreme courts. These cases must involve a federal law or a constitutional issue. They are heard only by the Supreme Court.
13
Q
What law set up the Federal Court system?
A
One of the first acts passed by the First Congress in 1789 was the Judiciary Act, which created the district courts and courts of appeals.
14
Q
How many total district courts are there?
A
94
15
Q
How many district courts in each state?
A
At least one district court, and some larger states have as many as four.
16
Q
What type of jurisdiction do district courts have over cases it hears?
A
As courts of original jurisdiction, the district courts are the first to hear cases such as those involving kidnapping or a city’s failure to obey federal air pollution standards.
17
Q
How many courts of appeals are there?
A
13
18
Q
Another name for Court of Appeals
A
Court of Appeals for the Federal Circuit
19
Q
Does Court of Appeals have a Jury?
A
No
20
Q
Do Court of Appeals examine evidence
A
No
21
Q
How many judges does the court of appeals have?
A
3
22
Q
What is the purpose of The Court of Appeals
A
The courts of appeals are not concerned with guilt or innocence, only with whether the original trial was fair and whether the law was interpreted correctly
23
Q
What type of jurisdiction does the Court of Appeals have over the cases it hears
A
Appellate jurisdiction
24
Q
In what 2 types of cases does the Supreme Court have original jurisdiction in?
A
- Those involving representatives of foreign governments
- Disputes between state governments
25
3 types of Special Federal Courts
1. Court of Claims
2. Court of Customs and Patent Appeals
3. Tax Court
26
Appeals from these special federal courts are sent directly where?
Appeals from some of these courts are sent directly to the Supreme Court; others must first pass through a court of appeals or a higher special court
27
What are two responsibilities of Federal Court judges?
1. A judge must balance the rights of individuals with the interest of the nation as a whole
2. A Judge must be impartial, favoring neither one party nor the other
Judges are appointed by the President and confirmed by the Senate.
28
How can a judge be removed from office?
Through the impeachment process
29
Judicial Review
The power the Supreme Court has to overturn any law which the Court decides is in conflict with the Constitution. Judicial review gives the judicial branch final say over the validity of any law. Judicial review, however, is not spelled out on the Constitution. The Supreme Court asserted this power for itself early in its history. The Supreme Court could not simply declare one day that it had the power of judicial review. It has to do so in relation to a particular case.
30
Marbury v. Madison
William Madbury sued James Madison at the time serving as Secretary of State. Marbury demanded Madison gave him government job he was promised by previous President. Brought case to Court because the Judiciary Act of 1789 gave the Court original jurisdiction in such matters. Instead of deciding if Marbury should be given the job or not, the court focused on the law that had allowed Marbury to bring his case before the Court in the first place.
31
Who appoints a justice? Who confirms this appointment?
The president appoints a justice and the Senate confirms this appointment
32
Qualifications of justices determined by?
Department of Justice
33
Why is it important for the US Supreme Court to reflect the diversity of the nation?
Leads to more informed decisions
34
How much does Chief Justice make?
$175,400
35
How much does Associate Justice make?
$167,900
36
Where are cases generally appealed from?
From federal and state courts
37
What are briefs?
written arguments
38
Written arguments
each side in the case submits written arguments. The justices study the briefs and other records of the case carefully.
39
What are oral arguments?
After the justices study briefs for the case, the attorneys for each side present oral arguments before the Court.
40
How long does each side have to present their case before the Court? (oral arguments)
There are strict limits on these arguments: each attorney is given half an hour. The justices usually ask may questions of the attorneys to challenge and clarify their arguments.
41
Cases are decided in conference by a majority vote of the ____
Justices
42
Majority opinion
The Court’s opinion in a case. Written by one of the justices in the majority- the winning side of the vote. A draft of the opinion is circulated among the justices and often modified to keep the support of the other justices in the majority
43
Concurring opinion
A justice who agrees with the majority opinion but has different reasons for supporting it may write a concurring opinion
44
Dissenting opinion
A justice who does not agree with the majority’s decision may write a dissenting opinion
45
Precedent
makes the meaning of a law or the Constitution clearer. It also determines how the law should be applied, both inside and outside the legal system. always a factor in a justice's decision because a basic principle of the American legal system is to respect past judicial decisions. a precedent is a legal rule established through prior court cases that guides future court decisions involving similar legal issues or facts. It's essentially a previously decided case that serves as an authority for determining later cases with comparable situations.
46
How do the personalities of the justices influence the court?
Shifts in public opinion and in the justices’ own personal beliefs.
47
Miranda v. Arizona case
When a person is arrested, police must inform him or her of the constitutional rights to remain silent and to have the advice of a lawyer.
48
Judicial activism
an effort by judges to take an active role in policy making by overturning laws relatively often
49
Judicial restraint
an effort by judges to avoid overturning laws and to leave policy-making up to the other two branches of government
50
Roe v. Wade
no state could make a law that forbids a woman to have an abortion
51
Dobbs v. Jackson
the court overturned the previously established constitutional right to abortion
52
Judicial Review
gives the Supreme Court an important check on the power of the legislative and the executive branches
53
The President has the power to appoint justices BUT
Not every President gets a chance to do this at all, while some can make multiple appointments.
54
Role of the US Senate
check the power of both the President and the Supreme Court by refusing to confirm presidential appointments to the Supreme Court
55
Role of Public Opinion
important role in Senate’s confirmation process because senators must be responsive to their constituents
56
Congress has the power to
propose constitutional amendment to nullify a Supreme Court decision
57
How can citizens affect the Supreme Court?
Because of the system of checks and balances, no branch of government has final, or ultimate power over another. Citizens, therefore, always have at least one avenue through which they can try to influence policies. If these citizens want to make a change they must do more than hold a view, they must participate in government
58
First Amendment and its Limitations
Protects five fundamental freedoms: religion, speech, the press, assembly, and the right to petition the government. You are not free to slander another person, telling lies that damage his or her reputation. A newspaper is not free to libel, or print ies about, a person because this would unfairly damage his or her reputation. Both may be limited when what is said or written endangers the lives of citizens
59
Second Amendment and its Limitations
The Second Amendment guarantees the right to keep and bear arms, but this right is not unlimited. The Supreme Court has recognized that the government can enact reasonable restrictions on gun ownership, including background checks, bans on certain weapons, and restrictions on where firearms can be carried
60
Third Amendment and its Limitations
protects citizens from being forced to house soldiers in their homes during peacetime, and it allows for the quartering of soldiers in time of war, but only in a manner prescribed by law
61
Fourth Amendment and its Limitations
protects individuals from unreasonable searches and seizures by the government. It ensures that law enforcement must obtain a warrant based on probable cause before searching a person, their home, or possessions, and that warrants must specifically describe the place to be searched and the items to be seized. This amendment also limits the power of the government to arrest and collect evidence without a valid warrant or probable cause
62
Fifth Amendment and its Limitations
guarantees that no person can be held to answer for a capital or otherwise infamous crime without a grand jury indictment, and that no one can be twice put in jeopardy of life or limb for the same offense. It also protects individuals from being compelled to be a witness against themselves in a criminal case, known as the privilege against self-incrimination. Additionally, the Fifth Amendment requires due process of law before the government can deprive a person of life, liberty, or property, and it prohibits the government from taking private property for public use without providing just compensation.
63
Sixth Amendment and its Limitations
grants citizens the right to a jury composed of impartial members drawn from the local community. Convictions in these trials are also forbidden unless every element of the crime has been proven beyond a reasonable doubt by the same impartial jury
64
Seventh Amendment and its Limitations
grants citizens the right to a jury composed of impartial members drawn from the local community. Convictions in these trials are also forbidden unless every element of the crime has been proven beyond a reasonable doubt by the same impartial jury
65
Eighth Amendment and its Limitations
protects individuals from excessive bail, excessive fines, and cruel and unusual punishments
66
Ninth Amendment and its Limitations
listing specific rights in the Constitution doesn't mean other rights that aren't listed are denied to the people. It essentially protects unenumerated rights, or those not explicitly mentioned
67
Tenth Amendment and its Limitations
clarifies the federal government's limited and enumerated powers, establishing a balance between federal and state authority
68
Tinker Case
Came to school wearing black armbands. Students were protesting American involvement in the Vietnam war. Small protest eventually caused the Supreme Court to question what is meant by “speech” in freedom of speech, and what rights do students have under the Constitution?
They forbade armbands and students wore them anyway and got suspended. Parents agreed school was denying students’ right to freedom of speech. Students hadn’t disrupted classes or interfered with other students’ rights. Schools argued that they weren’t the place for political demonstrations. Local court ruled that the armband rule was necessary to avoid disruption of classes, Superior Court agreed.
Supreme Court ruled in favor of students as armbands were a form of speech as they were symbols representing ideas. Protest was protected by the First Amendment because it had not interfered with other students’ right to an education.
69
The Skokie Case
Members of Nazi party attacked homes of Jews throughout Germany. Men wanted to march through Skokie warning Nazi symbol. Skokie officials wanted to prevent march as 40,000 Jews lived there.
They thought it was unfair. County court forbade anyone to marching in a Nazi uniform, display the swastika, or distribute material promoting hatred. Superior Court thought that the Nazis had the right to freedom of expression.
70
11th Amendment
limits the judicial power of the United States, preventing federal courts from hearing certain lawsuits where a state is the defendant. Specifically, it prohibits federal courts from hearing lawsuits brought against a state by citizens of another state or foreign citizens. This is rooted in the concept of "sovereign immunity," which protects states from lawsuits they haven't consented to
71
12th Amendment
revised the procedure for electing the President and Vice President. It requires electors to vote separately for each office, making it clear that a single candidate cannot be elected for both positions
72
13th Amendment
abolished slavery and involuntary servitude in the United States, except as punishment for a crime
73
14th Amendment
Ensured citizenship for African Americans. Takes the power to grant citizenship away from the states. No state may deprive any person of life, liberty, or property without due process of law.
74
15th Amendment
States may not deny the vote to any person on the basis of “race, color, or previous condition of servitude.”
75
16th Amendment
grants Congress the power to levy and collect an income tax from any source without apportionment among the states
76
17th Amendment
The amendment provided for the direct election of US senators by the voters of each state. This means citizens vote directly for the candidates they want to represent them in the Senate, rather than having their state legislatures choose.
77
18th Amendment
Prohibition of alcoholic beverages
78
19th Amendment
Voting rights for women
79
20th Amendment
changed the original calendar dates for the president and vice president's terms from March 4 to January 20
80
21st Amendment
Repeal of Eighteenth Amendment
81
22nd Amendment
President limited to two terms
82
23rd Amendment
grants the District of Columbia the right to participate in presidential elections by allowing it to appoint electors for the President and Vice President. It does this by giving the District a number of electors equal to the total number of Senators and Representatives it would have if it were a state, but with a maximum of three electors
83
24th Amendment
Poll taxes declared illegal
84
25th Amendment
outlines procedures for presidential succession and disability. Specifically, it addresses what happens when a president dies, resigns, or is removed from office, and also provides a process for addressing presidential disability
85
26th Amendment
Voting age lowered to eighteen
86
27th Amendment
prevents any law that changes the compensation (salary) of members of Congress from taking effect until after the next election of representatives
87
Plessy v. Fergusson
4th Amendment gave blacks citizenship, many states passed laws requiring segregation. The question was, Did segregation violate the principle of equal protection? The Court ruled that the Louisiana law did not violate the Fourteenth Amendment as long as the cars for blacks and for whites were of equal quality. For 50 years this decision of “separate but equal” standard was accepted as a justification for laws that segregated blacks from whites.
Did segregation violate the principle of equal protection?
Court decided blacks and whites would be separate but equal
88
Brown v. Board of Education
Marshall showed the court that separate schools had a harmful effect on both black and white children. Black children were made to feel inferior to whites, he argued, while white children learned to feel superior to African American children.
Separate educational facilities violated the principle of equal protection. This case overturned the decision of Plessy v. Ferguson and made all segregation laws unconstitutional.
These laws did not undo the effects of years of discrimination against these minorities.
89
Regents University of California v. Bakke:
White student applied for admission and was rejected, although some members of other racial and ethnic groups were admitted with lower grade-point averages, test scores, and interview ratings. Bakke took then university to court, arguing that he was a victim of reverse discrimination.
Reverse discrimination
Court ruled that under the equal protection principle it was unconstitutional for an admissions program to discriminate against whites only because of their race. However, the Court stated that race could be one of the factors considered if the school wanted to create a more diverse student body while treating white applicants fairly.
90
Phillips v. Martin Marietta:
Corporation wanted to know if female applicants had young children because they take up a lot of time and energy which interfered with her work performance. Ida Phillips was rejected for the job because she had 2 children. Ida Phillips rejected for the job because they believed her taking care of children would interfere with her work performance. She took them to court, beleiving she hadn’t been treated equally. Discrimination against women because male applicants were not questioned about their children and were hired whether they had young children or not.
Ruled in favor of Ida Phillips. The company could not have “one hiring policy for women and another for men”
91
Suffrage
the right to vote
92
Segregation
separation of blacks and whites in public places
93
Affirmative Action
attempts to counteract the effects of past discrimination
