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Civics Koplitz
Ch 8 review
| Question | Answer |
|---|---|
| Dual Court System: | federal and state court systems operate simultaneously |
| Federalism: | a form of government in which power is divided between the federal, or national government |
| Trial courts: | lowest level courts at the STATE level that tries Civil and Criminal Cases |
| District courts: | lowest courts at the FEDERAL level/federal laws are heard hear first |
| Verdict: | an official decision if guilty or not guilty |
| Appeal: | if you feel your case had the wrong verdict you can appeal to a higher court |
| Court of Appeals: | are above the district courts in the federal court system; they review decisions made in lower district courts |
| Supreme Court: | highest court in the United States |
| Justices: | (Supreme Court Judges): 9 Justices total (eight plus the chief justice) nominated/appointed by the President and consent or approved by the Senate |
| Jurisdiction: | the authority to hear and decide a case |
| Extradited: | hand over a person accused or convicted of a crime to the jurisdiction |
| Statute: | a law written by a legislative branch |
| Ordinances: | laws, usually of a city or county |
| Regulations: | a rule made and maintained by authorities |
| Lawsuit: | a claim or dispute brought to a court of law for adjudication |
| Precedent: | using past cases to make a decision |
| Felonies: | a violent crime or crime of high seriousness; usually punishable with prison time |
| Misdemeanors: | lesser crime or wrong-doing |
| Criminal law: | the body of law defining crimes and their punishments |
| Civil law: | involves private disputes and lesser crimes |
| UCMJ law: | military law for armed service members |
| Juvenile Justice: | for people under 18 years of age who commit a crime |
| Oral arguments: | spoken presentations by lawyers to judges in a court |
| Concurring opinion: | where the majority vote on a Supreme Court case and write out their reasoning for coming to the decision |
| Dissenting opinion: | a formal written statement by one or more judges who DISAGREE with the majority decision |
| Judicial restraint: | rulings strictly based on laws from the constitution |
| Judicial activism: | rulings based on judges views |
| the importance of Marbury v. Madison: | it established Judicial Review and confirmed the powers of the Judicial Branch |
| Purpose of the Supreme Court; are their rulings final? | To interpret and uphold the Constitution. Rulings are final and can't be appealed by other Branch's but it can be reversed by a future Supreme Court |
| How does the Judicial Branch check the other Branch's powers? | Through Judicial Review- checking to see if laws or executive actions are Constitutional |
| United States Code: | Laws passed by Congress (current laws that are in effect) |
| the importance of precedence: | It is guidance to other judges by having a model which to base their own decisions on similar cases. It doesn't have the power of the law but is a powerful argument to use in court. Judges and courts follow precedents in nearly all cases. |
| Steps (1-6) Supreme Court takes deciding a case: | 1. Writ of Certiorari 2. Legal Briefs 3. Oral Arguments 4. Conference 5. Write opinions 6. Announce opinions |
| 3 levels of the federal court system, lowest to highest: | District Courts, Circuit Courts of Appeals, U.S. Supreme Court |
| What is the point of appeal? | to determine if lower court ruling on a case is constitutional |
| Cases to know from class: | |
| Plessy v. Ferguson | upheld racial segregation under the doctrine of "separate but equal" |
| Brown v. Board of Education | Declared racial segregation in public schools unconstitutional |
| Gideon v. Wainwright | Guaranteed the right to an attorney for criminal defendants who cannot afford one |
| Miranda v. Arizona | Required police to inform suspects of their rights before interrogation |
| Tinker v. Des Moines | Protected student speech in schools unless it substantially disrupts learning |
| New Jersey v. T.L.O. | Allowed school officials to search students with reasonable suspicion rather than probable cause |
| Engel v. Vitale | Banned state-sponsored prayer in public schools |
| Mapp v. Ohio | Applied the exclusionary rule to the states, barring illegally obtained evidence from court |
| Loving v. Virginia | Struck down bans on interracial marriage |
| Hazelwood v. Kuhlmeier | Allowed schools to censor student newspapers and school-sponsored publications |
| Marbury v. Madison | Ruled that courts have the power of judicial review to declare laws unconstitutional |
| Roper v. Simmons | Banned the death penalty for crimes committed by minors |
Created by:
maplelakesped
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