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Ch 18-19 Judicial
Spalding Academy 11th Grade 2011
| Question | Answer |
|---|---|
| The guarantees of the safety of persons, opinions, and property from the arbitrary acts of gov’t, including freedom of speech and freedom of religion | Civil liberties |
| A terms for those positive acts of gov’t that seek to make constitutional guarantees a reality for all people, e.g. prohibition of discrimination | Civil rights |
| The authority of a court to hear a case | Jurisdiction |
| False and malicious use of printed words | Libel |
| In civil law, the party who brings a suit or some other legal action against another (the defendant) in court | Plaintiff |
| Court decision that stands as an example to be followed in future, similar cases | Precedent |
| The gov’t cannot curb ideas before they are expressed | Prior restraint |
| Satisfaction of a claim payment | Redress |
| The crime of attempting to overthrow the gov’t by force, or to disrupt its lawful activities by violent acts | Sedition |
| False and malicious use of spoken words | Slander |
| Name the 9 Supreme Court Justices | Roberts, Scalia, Kennedy, Ginsburg, Thomas, Alito, Breyer, Sotomayor, Kagan |
| Who is the Chief Justice of the Supreme Court? | Roberts |
| This case would be heard in what special court?: Michael Jones committed murder in the Virgin Islands | Territorial Courts |
| This case would be heard in what special court?: Jeffrey Locke, Vietnam veteran, wasn’t served at the local VA and needs services | Court of Appeals for Veterans Claims |
| This case would be heard in what special court? Hank Green, Army sergeant, was court marshaled. He believed his trial was unfair and wanted civilians to hear his case. | Court of Appeals for the Armed Forces |
| This case would be heard in what special court?: Samad Iqbal, War criminal from Iraq, was captured and tried for attempting to bomb American troops. | Military Commissions |
| This case would be heard in what special court?: Jessica Marsh, a fish farmer, wants to sue the government because her fish died of pollution from the government’s oil pipes. | Court of Federal Claims |
| This case would be heard in what special court?: John Smith committed murder in D.C. | D.C. Courts |
| This case would be heard in what special court?: Joe Carter was audited this year. His finances/tax payments are going to court. | US Tax Court |
| This court was set up by the Constitution | Supreme Court |
| Who appoints federal judges? | President |
| For most judges, how long is their term? | Life |
| List 5 ways that a cause a case to automatically to the federal court | involves interpretation of Const, admiralty law, US is a party, ambassador from other country, state v state, US citizen suing foreign gov’t, GA guy v WY guy |
| This is an example of what type of free speech? “Words can be weapons” | Sedition |
| This is an example of what type of free speech? Adult entertainment stores attempting to send lewd videos across state lines | Obscenity |
| This is an example of what type of free speech? Wearing a black war protest armband to school | Symbolic speech |
| This is an example of what type of free speech? Radio stations must censor their songs and language during peak hours | Media’s Limits |
| This is an example of what type of free speech? Schools can censor school newspapers | Prior Restraint |
| This is an example of what type of free speech? Burning the flag | Symbolic speech |
| This is an example of what type of free speech? City telling a strip club that it cannot be located next to a school | Obscenity |
| This is an example of what type of free speech? Businesses cannot put out false advertising | Commercial Speech |
| Which explains the current state of prayer in public schools? A. Prayers may be said by students over the school intercom, B. Prayers may be enforced by the school board, C. Students can pray on their own at any time, D. Teachers can lead prayer | C. |
| Which explains the current state of Bibles in public schools? A. They may be used as cultural artifacts for classes, B. They are not allowed in the buildings at all, C. May be used as textbooks, D. Teachers may teach from them at any time during day | A |
| Which explains current state of release time in public schools? A. Can attend rel ed held in the building, B. Can attend rel ed in a non-public building C. Can't be released for rel ed C. Rel ed teachers can come to public school and teach during lunch | B |
| Which explains the current state of student religious groups in public schools? A. Allowed to meet in school, B. Can't meet in school building, C. Can meet during school hrs outside of the school building, D.Can't be seen nor heard in school | A |
| Which explains the current state of evolution/creationism in public schools? A. Schools may only teach creationism, B. Schools may chose to teach evolution, C. Creationism is banned from schools, D. Schools may not mandate that schools teach creationism | D |
| What is the difference between original and appellate jurisdiction? Which courts have these types of jurisdiction? | OJ: court in which case is 1st heard (district court or SC). AJ: court hears a case on appeal from the lower court (Court of appeals or SC) |
| What is the difference between exclusive and concurrent jurisdiction? Which courts have these types of jurisdiction? | EJ: cases can only be heard in a certain court (federal court). CJ: Case can be tried in fed/state court (federal/state court) |
| What was the court case Marbury v Madison about? Why is it significant to the Supreme Court? | Adams appointed Marbury as judge. Jefferson told Madison not to deliver letter. Marbury sues Madison for failing to deliver letter. Decision: judicial review. |
| What is the difference between civil liberties and civil rights? | CL: Protections against gov’t. Ex. Freedom of speech, press, religion, etc. CR: Positive acts of gov’t that seek to make constitutional guarantees a reality. Ex. prohibitions of discrimination based on race, sex, etc. |
| Explain the two parts to the freedom of religion clause in the 1st Amendment. | State cannot establish a religion. People can freely exercise their religious beliefs |