Judicial Basics
What is the main job of the judicial branch?
Interpret the law
This is known as the highest court in the land. It can have original or appellate jurisdiction.
Supreme Court
How does the president affect the Supreme Court?
He has the power to nominate justices to the bench.
What rights does the Fourth Amendment protect?
Protection against unreasonable search and seizure.
What is judicial review?
Where did the Supreme Court get this power?
The ability to review laws and actions and determine whether or not they are constitutional.
Marbury vs. MadisonWhat requirement is provided by the Constitution in regards to federal judges?
That the president nominates them, and the Senate approves them
These courts have original jurisdiction and hear the most criminal cases in the country. This court's trials are decided by a jury.
District courts
How many cases does the Supreme Court hear per year?
Around 80.
Describe the difference between a misdemeanor and a felony.
Misdemeanor: minor criminal act; punishment is less than a year in jail
Felony: major criminal act; punishment is more than a year in prison
What is required for the Supreme Court to decide on a case?
That 5 of the 9 justices agree on the decision made
What is the difference between original jurisdiction and appellate jurisdiction?
Original= right/power to hear the case first
Appellate= right/power to hear appealed cases
This court hears cases appealed to them from the district courts.
When considering someone for a federal judgeship, what will the President most likely take into consideration?
The candidate's ideology and judicial philosophy
What is the difference between criminal and civil law?
Criminal: Law has been broken, face jail time
Civil: Plaintiff has been "injured" by the defendant; does not face jail time
Describe the difference between judicial activism and judicial restraint.
Activism: the Court should act as an instrument of policy, overturning Congressional legislation to further their policy goals; allows the country to change as time has gone on.
Restraint: Court should interpret the Constitution as the founders would; only overturn unconstitutional policies, and leave lawmaking to Congress
How can Congress affect the judicial branch?
They determine the number of justices on the Supreme Court, approve nominations to the bench, determine the number of courts, and can create amendments to overturn decisions
When does the Supreme Court have original jurisdiction?
In cases involving ambassadors or public ministers, or two or more states, or a state and the federal government.
What does "precedent" mean and what is it referring to?
Refers to the Supreme Court's practice of referring to previous decisions or the fact that lower courts must make similar decisions to the Supreme Court.
Describe the role the following individuals play in a criminal case: defendant, plaintiff, jury
Plaintiff: the state accusing someone of committing a crime
Defendant: the person accused of committing a crime
Jury: decides whether or not the person is guilty of committing the crime
They choose cases which deal with Constitutional law and cases which have been overturned in one court and upheld in another (mixed decisions which need further arbitration).
Describe the role the following individuals play in a civil case: defendant, plaintiff, jury
Defendant: the person being sued by the plaintiff
Jury: determines whether or not the defendant is liable for the damages done to the plaintiff
List the types of jurisdictions each of the following courts have: Supreme Court, Court of Appeals, District Court
Supreme Court: original and appellate jurisdiction
Court of Appeals: appellate jurisdiction
District Court: original jurisdiction
What are the steps of the Supreme Court process?
Briefs are written requesting the Supreme Court hear a case; Justices review cases and narrow down the number; if four justices are interested, the case will be heard; amicus curiae briefs are submitted; oral arguments are heard; decision is made and opinions are written
Describe the rights which are protected in the criminal justice process.
No: unreasonable search and seizure, self-incrimination, double jeopardy, cruel and unusual punishments
Right to a: grand jury; lawyer; call witnesses; speedy and public trial; know accusation against year, jury trial
List the ten steps of the criminal justice process.
#1: Investigation, #2: Arrest, #3: Indictment, #4: Arraignment, #5:Bail, #6: Plea Bargain, #7: Trial #8: Verdict #9: Sentencing, #10: Appeal