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Judicial Branch
unit review test
| Question | Answer |
|---|---|
| Function of the Judicial Branch | To interpret the laws - to explain what they mean. Consists of the Suprememe Court and lower federal courts |
| Identify and explain the 5 sources of law | Consitutional law- it applies to that branch of law dealing with the formation, consturction, and interpretation of consitituions. There are both state and federal constitutions. These usuallyy involve cased that decides limit of govermental powers, day t |
| What is meant by an adversary system in regards to the courts. | The courtroom presents their best legal arugements in order to win a case. |
| What is the highest court in the U.S. | Supreme Court |
| Appellate jurisdiction | Authority held by a court to hear a case that is appealed from lower courts. |
| Orginial Jurisdiction | The authority of a trial court to be first to hear a case. |
| Concurrent Jurisdiction | Authority shared by both federal and state courts |
| Define Civil Case | Involving a dispute betweeen two or more private individuals |
| Types of civil cases. List the four types, define and provide examples | Contractd -set of voluntary promised endorced by the law, 2 or more people. (buy a car on credit) Property law-civil law that deals with use and owners of property- house, trees, land FAMILY LAW- deals with family relationships - Marriage TORT OR |
| LIST THE STEPS IN THE CIVIL CASE PROCESS | You have a plaintiff(person who brings the charges) and a Defendant (the person who the suit is brought against) You hire a lawyer. the lawyer files a complaint (legal document) A summons is issued (date. time, Sometimes mediation can happen instead of go |
| What is meant by preponderance of evidence? | The amount of evidence needed in a civl case. |
| Why do most civil cases end in out of court settlements? | going to court can be very expensive (lawyer fees and time consuming. |
| Define criminal law | The government charges someone with a crime and provides punishment. |
| IDENTIFY 3 TYPES OF CRIMINAL CASES. | Petty offense-minor crimes ( littering, speeding, ) you are usually given a ticket instead of being put into custody MISDEMEANORS-More serious crimes ( simple assualt, vandalism) . You may be fined or can go to jail ( usually one year or less FELONIES-S |
| IDENTIFY STEPS IN A CRIMINAL CASE. | Investigation and arrest. Initial appearance-judge explains charges. Preliminary hearing. Plea bargaining, arraigment trial, decision. |
| What is meant by unreasonable doubt? | Your a hundred percent sure |
| Hung Jury | Jury that's unable to reach a decision. The court usually declares a mistrial. |
| Petit Jury | Consisting of 6-12 people, weighs evidence amd reaches a verdict. |
| Damages | Money given to successful civil law claimants to pay them for their injuries. |
| Arraignment | The accused is formally told of charges against him or her. |
| Grand Jury | group that hears charges and decides if it can come to trial |
| Indictment | Formal charge by grand jury |
| Explain the role of the jury in the justice syste. | To decide on guilt or innocence. |
| Define due process | The government must follow proper consitutional procedures in trials. No one can be deprived of life, liberty, or property without due process. |
| Explain the difference between substative and procedural due process. | Procedural due process requires notice to a person that he or she is accused of wrongdoing and that the government intends to take action against that person. giving the affected person the right to respond or to be heard. |
| What two amendments are most often referred in regards to Due Process | Amendment 5 rights of accused persons, amendment 14, Rights of citizens |
| Define Judicial Review | Power of supreme court to declare laws unconstitutional. |
| how does judicial review uphold the priciple of checks and balances | This upholds checks and balances because supreme court can check over all the others |
| Madbury v Madison | In 1803 case that established the Supreme Court power of judicial review |
| McCulloch v Maryland | In 1819 Supreme Court case that interpreted the necessary and proper clause to give Congess implied powers beyhond those expressed in the constitution and established that states could not interfere with legitimate federal laws. |
| New Jersey V.T.L.O | tHE 1865 sUPREME COURT CASE IN WHICH THE COURST SAID THAT WHILE STUDENTS HaVE SOME 4th amendment protection from searches, they do not enjoy the same level of protection that adults or as they would outside of school. |
| Plessy v Ferguson | the 1896 Supreme Court case that concluded that segregation was legal. |
| Brown v Board of Education | The 1954 Supreme Court case that banned segregation |
| Gideon v Wainwright | the 1963 Supreme Court case that established that states must provide lawyers to poor defendants. |
| Miranda v Arizona | the 1966 Supreme Court case that required police to inform arrested individuals of their rights before they were formally questioned. |
| Tinker v Des Moines School District | the 1969 Supreme court case that established students rights to free political expression in school so long as it doesn't interfere with learning. |
Created by:
chalsman1
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