This branch can declare acts of Congress unconstitutional, giving it a key check on legislative power.
What is the judicial branch?
This case created the precedent that allows courts to strike down laws, even though that power is not explicitly stated in the Constitution.
What is Marbury v. Madison?
If a defendant cannot afford a lawyer, the government must provide one under this right.
What is the right to an attorney?
This individual ensures trials follow the law and may decide a case if there is no jury.
What is a judge?
This power allows the Supreme Court to declare laws or actions unconstitutional.
What is judicial review?
This court has original jurisdiction in cases involving states but mostly hears cases on appeal.
What is the Supreme Court?
This case overturned the “separate but equal” doctrine established in Plessy v. Ferguson.
What is Brown v. Board of Education?
Saying “I plead the Fifth” is an example of using this constitutional protection.
What is the right against self-incrimination?
This group must evaluate evidence and apply the law as instructed by the judge to reach a decision.
What is a jury?
This principle allows the Supreme Court to influence future cases by following earlier decisions.
What is precedent? (stare decisis)
A case involving a dispute between two states would most likely begin in this level of court.
What is the Supreme Court? (original jurisdiction)
A student is suspended for wearing a protest armband. This case would most directly be used to challenge the school’s action.
What is Tinker v. Des Moines?
A law that is applied unfairly or without proper legal procedures would violate this principle.
What is due process?
This legal actor represents the state and must prove guilt beyond a reasonable doubt.
What is a prosecutor?
This document is issued by the Supreme Court when it agrees to hear a case from a lower court.
What is a writ of certiorari? (writ of cert)
If a court can hear a case for the first time and examine evidence, it is exercising this type of jurisdiction.
What is original jurisdiction?
If police fail to inform a suspect of their rights before questioning, evidence obtained may be excluded based on this case.
What is Miranda v. Arizona?
A defendant is found not guilty, but new evidence is discovered. The government cannot retry them because of this protection.
What is double jeopardy?
This attorney’s job is not to prove innocence, but to create reasonable doubt about the prosecution’s case.
What is a defense attorney?
Even after the Supreme Court makes a ruling, it relies on this branch to enforce its decisions.
What is the executive branch?
When the Supreme Court chooses which cases to hear from thousands of appeals each year, it is using this discretionary power.
What is the rule of four? (certiorari)
This case ruled that states must provide attorneys to defendants who cannot afford one, strengthening the Sixth Amendment.
What is Gideon v. Wainwright?
Evidence obtained from an illegal search is thrown out in court under this rule, which is tied to the Fourth Amendment.
What is the exclusionary rule?
This Supreme Court leader has additional responsibilities, such as presiding over presidential impeachment trials in the Senate.
What is the Chief Justice?
A case involving the interpretation of the First Amendment would fall under this category of cases most likely to be heard by the Supreme Court.
What are constitutional question cases?