Misc. Info
What is the main Job of the Judicial Branch?
To Interpret laws!
- Settling disputes
- Determining guilt or innocence
- Seeing if something violates the Constitution (Judicial Review)
What is Original Jurisdiction
The court in which a case is heard for the first time.
(federal courts dealing with federal laws, State courts with state laws)
What types of cases are heard in the Judicial Branch?
Civil and Criminal
What is Precedent?
A court ruling that established a legal principle used to decide similar future cases.
What is Judicial Restraint?
Look to the original intent of the Framers
Look at the laws intent
Precedent is respected
Changes to the Constitution should come from amendments NOT court rulings
What is Appellate Jurisiction
When a court reviews a case from a previous or lower court.
What is due process?
The legal concept to protect a persons life, liberty and property from government action.
What is Judicial Review?
The power of the Supreme Court to decide whether a law, executive order or other act of government is constitutional or not.
What is Judicial Activism?
Look beyond the original intent of the Framers
“Living Constitution” we should adjust and change over time
Action is necessary from the court
Policy is created out of the interpretation not amendments
What is Concurrent Jurisdiction?
WHERE THE FEDERAL AND STATE COURT SHARE THE POWER TO HEAR THE SAME CASE
What amendments did we cover for Due process?
4th - Search and Seizures (Exclusionary rule)
5th - Capital Cases w/Grand Jury, Double Jeopardy, Remain Silent, Due Process, Eminent Domain
6th - Speedy Trial, Witnesses, Have an Attorney (lawyer), tried where you committed the crime
What court case created the process of Judicial Review?
Marbury v. Madison
Why was Marbury v. Madison such a big deal?
It established Judicial Review for the Supreme Court
The ability to null/void laws and executive orders
Set the Precent that Courts are there to interpret the Constitution
A CASE THAT CAN ONLY BE HEARD IN THE FEDERAL COURTS - Giving it exclusivity
Arizona v. Grant -
Grant was arrested for a suspended license, the police searched his car without a warrant and found illegal drugs.
What case is used for Precedent?
Mapp v. Ohio
(Bill of Rights Assignment)
What is the difference between Civil Rights and Civil Liberties?
Civil Rights - Protections BY the government (equal opportunities to succeed)
Civil Liberties - Protections FROM the government (Bill of Rights)
Is the following Judicial Activism or Judicial Restraint?
Scenario: A man challenged a public health law requiring vaccinations during a disease outbreak, saying it violated his personal liberty.
Ruling: The court upheld the law, referencing historical precedent declining to reinterpret the liberty in this this specific context.
Judicial Activism
BECAUSE: Changes and challenges are coming from HISTORICAL PRECEDENT (policy) and not a constitutional amendment.
Living breathing document to adapt to todays vaccinations and disease outbreaks
Scenario: A man kidnaps a child in Florida and drives to Georgia. The FBI Catches him, and he is charged with kidnapping.
What Court would hear this case? (look at whiteboard)
What type of Jurisdiction does that court have?
Federal District Courts (2 States are involved)
Original Jurisdiction
Argersinger v. Hamlin -
John Argersinger was charged for carrying a concealed weapon in Florida (which is illegal in FL). He was held in jail without being apointed an attorney.
Which case should be used as Precedent?
Miranda v. Arizona
(we talked about this case A LOT!)
What is the Equal Protection Clause of the 14th Amendment?
Prohibits States from denying any person within their jurisdiction the right equal protection of the laws.
(aka: making the Bill of Rights apply to BOTH federal and state governments, before the 14th amendment existed, the Bill of rights only applied to the Federal Government)