Amendments
What is the 1st amendment?
Freedom of speech, religion, press, and assembly.
The highest court in the country; they have the final say on legal disputes. Not every case will make it this far.
What does precedent mean?
A decision that has been made that is regarded to be an example to be followed in the future.
What are the requirements in order to serve in the Supreme Court?
There are no requirements other than to be nominated by the president and be accepted by the senate.
How is our court system organized?
1.) At the lowest level is a district court. This is where the trial takes place and the evidence is presented. All cases start in a district court.
2.) If either party disagrees with the judgment made in a district court, they can appeal to an appeals court. The appeals court reviews the case and decides if the judge in the lower court made the right decision based on the law.
3.) If either party disagrees with the appeals court, they can petition the supreme court. The supreme court is the last level of the court system. Whatever they say is final/
What is the 4th Amendment?
Protection from unlawful search and seizure.
What is the court of appeals?
The courts review cases in lower courts and double-check to make sure that the law has been applied correctly. Everyone has the right to appeal.
What does Judicial Philosophy mean?
The ideas about how the constitution should be interpreted.
What check does the Legislative branch have on the Judicial Branch?
The Senate has to approve each appointment to the Supreme Court.
How many judges on the Supreme court are considered to be conservative? How many are considered to be liberal?
There are currently 5 conservative and 3 liberal judges on the Supreme Court.
What is the 6th Amendment?
Right to a fair trial.
What is the district court?
The lower courts; where trials are heard. All cases start here.
What is originalism?
A belief that the constitution should be interpreted as the founders intended when they wrote it in 1787.
When does the Supreme Court justice's term end?
A justice's term ends either by death, retirement, or impeachment.
Why do we not elect Supreme Court Judges?
To ensure the judges are removed from political pressure and that the court can serve as a truly independent branch of government. If they ran for election, they would be influenced by the political parties who would donate money for their campaigns.
What is the 8th Amendment?
No cruel or unusual punishment.
What does a living document mean?
A belief that the constitution should be interpreted in the context of modern society and values.
Why are decisions from the supreme court precedents for new cases?
Precedents help people know what to expect. Otherwise, judges could make wildly different decisions o very similar cases. What the supreme court says is final.
Why is there no limit on how long a Supreme Court can serve?
Without a lifetime job security, judges might feel obligated to bow to the wishes of the president, congress, or the public. Also, justices can't be fired if they make unpopular decisions, in theory allowing them to focus on the law rather than politics.
Why doesn't the supreme court have to take every case that comes along?
There are just too many petitions for one court to hear. Most cases will be solved in the lower courts by using the precedents set in earlier cases.