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CE 5

CE.5 – UNDERSTANDING THE JUDICIAL SYSTEM

QuestionAnswer
WHAT IS THE JUDICIAL BRANCH? The branch of government that interprets laws and determines whether they are constitutional
WHAT IS MEANT BY A “DUAL COURT SYSTEM”? The United States has both state courts and federal courts
WHAT TYPES OF CASES DO STATE COURTS HEAR? Cases involving state laws, such as traffic violations, family matters, contracts, and most crimes.
WHAT TYPES OF CASES DO FEDERAL COURTS HEAR? Cases involving federal laws, constitutional issues, disputes between states, or cases involving foreign governments.
WHAT IS JURISDICTION? The authority of a court to hear and decide certain types of cases.
WHAT IS ORIGINAL JURISDICTION? The authority to hear a case first.
WHAT IS APPELLATE JURISDICTION? The authority to review decisions made by lower courts
WHAT IS JUDICIAL REVIEW? The power of courts to declare laws or government actions unconstitutional
WHICH CASE ESTABLISHED JUDICIAL REVIEW? Marbury v. Madison (1803).
WHY IS JUDICIAL REVIEW IMPORTANT? It allows courts to check the legislative and executive branches and uphold the Constitution
WHAT IS DUE PROCESS? The government must follow fair legal procedures before taking away a person’s life, liberty, or property.
WHICH AMENDMENT GUARANTEES DUE PROCESS AT THE FEDERAL LEVEL? The 5th Amendment
WHICH AMENDMENT EXTENDS DUE PROCESS PROTECTIONS TO THE STATES? The 14th Amendment
WHY IS DUE PROCESS IMPORTANT? It protects individuals from unfair treatment by the government
WHAT PROTECTIONS DOES THE 6TH AMENDMENT GUARANTEE? Right to a speedy trial, public trial, lawyer, impartial jury, and to know the charges.
WHAT DOES THE 4TH AMENDMENT PROTECT AGAINST? Unreasonable searches and seizures; usually requires a warrant
WHAT IS A CRIMINAL CASE? A case in which the government charges a person with breaking the law
WHO BRINGS CHARGES IN A CRIMINAL CASE? The government
WHAT ARE POSSIBLE OUTCOMES OF A CRIMINAL CASE? Jail, probation, fines
WHAT IS A CIVIL CASE? A legal dispute between individuals or groups.
WHAT ARE POSSIBLE OUTCOMES OF A CIVIL CASE? Money damages or court-ordered changes in behavior.
WHAT IS THE DIFFERENCE BETWEEN CIVIL AND CRIMINAL CASES? Criminal cases involve violations of law and government prosecution; civil cases involve disputes between private parties.
WHAT IS THE ROLE OF THE SUPREME COURT? It is the highest court and has the final authority on interpreting the Constitution.
WHY IS MARBURY V. MADISON IMPORTANT? It established the principle of judicial review
HOW DOES THE SUPREME COURT AFFECT PUBLIC POLICY? Its decisions interpret laws and can strike down unconstitutional laws
Created by: Lisa K Ball
 

 



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