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Article 3 and 4
exam study
| Question | Answer |
|---|---|
| Article 3 | The Judicial Branch |
| Duties of Judicial Branch | rulings protect rights and liberties guaranteed by Constitution, interpret and apply the law to resolve disputes, they do NOT make the laws. |
| 4 kinds of law | Statutory Law: Laws created by the government, Common Law: Laws created by judges when there is no law to cover a situation, Administrative Laws: Laws made by government agencies, Constitutional Law: Laws based on constitution and Supreme Court rulings |
| Steps to ensure a fair trial | 1. the accused must have a lawyer, right to be released on BAIL, indictment from a GRAND JURY |
| Grand Jury | just because you are accused of a crime does not mean you are guilty, examines evidence, they do not determine guilt or innocence |
| Petit Jury | a jury of 12 to determine the facts and decide the issue in civil or criminal proceedings |
| Kinds of court systems | Federal and state courts |
| Type of cases tried in federal court | disobey the constitution, violate a treaty, break a federal law, foreign nation accuses you of a crime, crimes committed at sea, ambassador/consulate accuses you of a crime, crimes on or against federal property, disagreement between states |
| Federal Court set-up | District (Trial) Courts, Appellate Courts, Supreme Court |
| U.S. District Courts | Have jurisdiction to hear nearly ALL categories of federal cases, both criminal and civil, 94 federal judicial districts |
| Original Jurisdiction | The authority to be the first court to hear a case and rule on it |
| Judge | hears case and rules |
| Marshall | arrests suspects and brings them to court |
| Federal Magistrate | hear evidence in a case and determine if a grand jury is needed. |
| U.S. Attorney | must prove a person is guilty |
| Court of Appeals | review district court decisions, 12 total in country, each covers a circuit or area, judges appointed for life, panel of 3 judges hear case and determine if person got fair trial, majority vote rules |
| U.S. Supreme Court | Highest court in the federal judiciary, hears only limited number of cases, at its discretion, chooses cases dealing with important constitutional issues |
| Powers of the Supreme Court | Judicial Review: Power to examine laws and declare them unconstitutional, Chief Justice serves as the judge during impeachment hearings |
| Justice Rulings (the different types of opinions) | Majority, Concurring, Dissenting, Per Curiam |
| Court Cases (Plessy v. Ferguson) | Made segregation legal in the United States |
| Brown v. Board of Education | Outlawed segregation in the U.S |
| Marbury v. Madison | Power to examine laws and declare them unconstitutional |
| Dred Scott v. Sandford | The supreme court said slaves were property and favored in slaves until the 13 amendment |
| Thurgood Marshall | won supreme court in two graduate-school integration cases, wins Brown v. Board of Education |
| Full Faith and Credit Clause | governs the relationships among the states, have to respect one another's court decisions and laws |
| Extradition | surrender by one state to another of a person accused or convicted of a crime in another state |
| Treason | the crime of betraying one's country |
| Civil Trials | an action or a suit brought before a court |
| Fugitive Slave Clause | directs the return of runaway slaves to the state from where they came |
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