american government: judicial branch
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Created by:
sadiewannamaker14 on December 12, 2011
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34 terms
Terms | Definitions |
|---|---|
the purpose of the supreme court is to __________ laws | interpret |
what is the number of justices | 9 |
why is it called the high court | Because it is the final ruling on any case. No appeals, no do overs |
who is the current chief justice | john g. roberts |
how are federal judges picked? | must have qualifications, picked by the president, senate approves the nomination |
who picks the federal judges? | President |
who approves the federal judges? | senate from article 3 |
what is the federal judges term of office? | 15 years for special, life for others |
how is the federal judges term time decided? | normally life |
what are the types of federal courts? | inferior courts: lower courts beneath the supreme court constitutional courts: federal courts that Congress formed to exercise judicial power of the US also called regular courts special courts: created by Congress to hear cases of much narrower range of cases than those that may come before the constitutional courts |
what are federal courts based on? :subject matter and people affected | subject matter: 1) the interpretation and application of a provision in the Constitution or in any federal statue or treaty 2) a question of admiralty law (matters that arise on the high seas or navigable U.S. waters)people affected: us officer of agency, ambassador, resident of another state, citizen of one state suing a citizen from another state |
supreme court | highest court in the United States established by the Constitution |
district courts | Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion) |
appellate jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. |
criminal case | Law that deals with crimes and their punishments. |
felony case | One of several grave crimes, such as murder, rape, or burglary, punishable by a more stringent sentence than that given for a misdemeanor. |
misdemeanor case | A criminal offense that is less serious than a felony and generally punishable by a fine, a jail term of up to a year, or both. |
civil case | disputes between individuals or organizations |
docket | The list of potential cases that reach the Supreme Court. |
precedent | (civil law) a law established by following earlier judicial decisions |
petit jury (trial jury) | A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. |
grand jury | a jury to inquire in accusations of crime and to evaluate the grounds for indictments |
unconstitutional | not consistent with or according to a constitution |
amendment 1 | freedoms of religion, speech, press, assembly, and petition |
amendment 4 | Protection from illegal searches & seizures |
amendment 5 | Right to a fair trail, can't be tried twice for the same crime, and you don't have to testify against yourself. |
amendment 8 | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
amendment 14 | rights of citizens: 1)all persons born in the united states are granted citizenship, 2) no state can deny any person the equal protection of the laws, 3)no state can deny any person life, liberty, property without due process of law |
brown vs. board of education | An African-American girl named Linda Brown lived near an all-white school in Topeka, KS. To get to her all-black school, she had to cross several dangerous roads and railroads. Her father, Oliver Brown, filed suit to overturn Plessy v. Ferguson to enable Linda Brown to attend the all-white school near her home. |
mapp vs. ohio | The Court held: all evidence obtained through illegal searches and seizures is inadmissible in state court. This decision created the exclusionary rule, placing on all levels of government the requirement of excluding illegally obtained evidence from all criminal court proceedings. |
marbury vs. madison | John Adams had commissioned William Marbury as DC Justice of the Peace in a "Midnight appointment." New Secretary of State Madison refused to deliver; Marbury sued. Marshall Court held: Madison had broken the law but that that part of the Judiciary Act of 1789 was unconstitutional because it expanded the original jurisdiction of the Supreme Court. |
miranda vs. arizona | The Court held: Prosecutors could not use statements in court that had been made by defendants unless police had advised them of their privilege against self-incrimination. The Court also specifically outlined what police warnings to suspects must include (right to remain silent, right to counsel present during questioning, etc.) |
tinker vs. des moines school district | Court ruled that wearing armbands sent a political message and was thus a form of symbolic speech |
the supreme court hears cases and must render a decision: be able to name and describe the three types of opinions that may be written to announce and clarify the Court's positions | ... |
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