click below
click below
Normal Size Small Size show me how
CE 5
CE.5 – UNDERSTANDING THE JUDICIAL SYSTEM
| Question | Answer |
|---|---|
| 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 |