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Honors U.S. Government - The Judicial Branch (Section 6 Test Review)
Terms in this set (49)
- state & federal
- mirrors each other
Right of a court to hear a case based on subject matter & parties involved.
Court where case will first be heard.
Ability of a court to hear a case after it has been decided by a lower court.
Hears a case on an appeal from a lower court.
Person initiating a court case.
The formal charge laid out against a person (you) by the D.A. (district attorney).
Publication of statements that hurt another's reputation.
False & malicious printed words.
A friend of the court document.
Written by someone who is not a party to the case.
Brief by someone not associated with the trial, but has an opinion or stake in the outcome.
Government must act fairly & in accord with established rules.
Cannot be arbitrary, unfair, or unreasonable in application of the rules.
Written document presented to the court.
Both sides will submit to the court.
Summarizes the constitutional argument.
What the jury does after both sides have rested.
Jury decides guilt or innocence.
Illegal evidence cannot be used by police because of this rule.
Not admitted into evidence.
Protections against the government.
Protection of people from arbitrary acts of the government.
Writ of Certiorari
Order by the supreme court telling a lower court to send up a case for review.
Tells what charges are against you.
Decides if there is enough evidence to hold you.
Must be given within 72 hours.
DA needs probable cause in order to get this.
"Why do you need one?"
"What if you don't have one?"
Google Definition: a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
Jury picking/selection process.
Each side of a case can drop 6 jurors of 24 for no reason, leaving a total of 12 jurors... 24 to 12.
"Separation of Church & state."
- "Congress shall make no law respecting an establishment of religion..."
- Cannot force religion on people.
Free Exercise Clause
Can't stop people from practicing their religion, unless harms someone, breaks a law, or is obscene.
Clause in the 1st Amendment.
Limited when something is obscene or causing harm.
People born in the U.S. are citizens; equal protection of all citizens.
Applied rights & due process to the states.
Google Definition: A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing.
Majority Opinion: reason why the winning side voted the way they did. Assigned by the Chief Justice, unless chief is on the losing side then the senior most winner assigns the writing.
Dissenting Opinion: reasons why they voted against the writing. When one or more justices issue a decision, which disagrees with the majority.
Concurring Opinion: voted with majority or dissenting, but not for the reasons they presented, so this is why I voted the way I did.
Procedural Due Process
Must follow all the right steps.
Following proper steps for arrest, trial, search, etc.
Read rights that everyone gets.
Substantive Due Process
The substance of the law is constitutional. (Expo Facto Law: charges you).
The constitutional law (constitutional- substance of the law) that one is being charged with breaking.
Deals with the crime that you are being charged.
The law you're being charged with.
9 Steps in a Trial
2. Preliminary Hearing: an informal hearing before a judge to determine if sufficient evidence exists to have suspect bound over for trial.
3. Jail or Bail
4. Grand Jury: functions (composed of 23 members) that determines whether a crime was committed, whether the suspect could have committed the crime, & 12 members must agree to return an indictment.
5. Arraignment & Plea: bringing the accused before the judge to be formally charged; accused may plead guilty or not guilty.
7. Verdict: if not guilty, defendant goes free; if guilty, judge passes sentence.
8. Sentencing: is by the judge, except in cases of murder & rape where the jury determines the sentence.
9. Appeal: a person not satisfied with the justice that the court has dispensed may appeal.
9 Supreme Court Justices
Freedom of Speech
- Can't have libel (false & malicious printed words) or slander (such spoken words). Ex: social media.
- Can't cause a riot. Ex: can't yell "fire" in a theater of people.
- Can't be obscene.
- ***Prior Restraint: can't stop someone because you think what they are going to say will be unprotected speech.
Limits freedom of speech.
Based on local community standards.
Cannot be found obscene & no serious artistic or scientific value.
Can limit the Free Exercise Clause.
Limits the 1st Amendment.
Schedule of cases a court is to hear.
Rights in Bill of Rights (4-8)
- No illegal search & seizure.
- No double jeopardy
- Due Process
- Speedy trial
- Face your accuser
when a judge agrees with an objection made by a lawyer
saying something that hurts the reputation of another
How many supreme court justices must want to take a case for a case to be taken?
one or more justices issue a decision which disagrees with the majority
Who goes last in a trial?
In a trial, who has the burden of proof?
DA needs what to get a warrant?
Cutting a deal with the DA
2 Clauses in 1st Amendment
establishment, free exercise
What determines establishment clause cases?
court cannot limit written ideas before they're expressed
4 Court Employees
judge, clerk, bailiff, stenographer
When arrested they read you your...?
Miranda Rights came from...?
Case of Miranda VS Arizona
List 3 Miranda Rights
Right to remain silent, right to attorney, right to a trial
What limits the 1st amendment?
How does the supreme court define obscenity?
based on local community standards, no serious artistic or scientific value
Free exercise clause is limited when...?
if something is obscene or causing harm
How does supreme court use precedent?
used a guiding principle to make decisions before them
stare de cisis- courts don't like to overturn previous decisions- when they do they use the dissenting opinion
According to your bill of rights, what are your constitutional rights when it comes to a trial?
4th- Unreasonable Search and Seizure
5th- No self incrimination, trial by jury of peers, due process
6th- speedy public trial by jury
7th- all cases exceeding $20, right to trial by jury preserved
8th- cruel and unusual punishment, no excessive fines or bails
Sets with similar terms
Bill of Rights test review
Government Judicial Branch
Basic Constitutional Law & Court System
American Gov 1
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