Bench Warmers (The Supreme Court)
Strictly Speaking? (Judicial Philosophy)
Miranda Rights "and wrongs" (Rights of the Accused)
Who's in Charge Here? (Jurisdiction)
Laws and Latin
200
He is the Chief Justice of the United States.
Who is John Roberts?
200
A judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases.
Ex. "Roper v. Simmons" established executing juveniles is unconstitutional
What is precedent?
200
An example of this being violated would be:
A search was conducted by police without demonstrating probable cause. At the time no one was at risk for being the victim of crime.
What is a violation of the 4th Amendment?
200
This kind of case requires that the guilt of the accused be proved 'beyond a reasonable doubt'.
What is a Criminal Trial or Case?
200
This Amendment contains the Equal Protection Clause and the Due Process Clause
What is the 14th Amendment?
400
An example of this kind of decision would be Gideon v. Wainwright where every justice voted in favor of Gideon in a 9-0 decision holding that "lawyers in criminal court are necessities, not luxuries."
These kinds of decisions are sometimes said to have extra weight.
What is a Unanimous Decision?
400
The concept of a judge not injecting his or her own preferences into legal proceedings and rulings. Judges who practice this are more hesitant to strike down laws or change precedent.
What is Judicial restraint?
400
An example of a violation of this amendment would be sentencing someone to 10 years of hard labor for jaywalking on their way to school.
What is the 8th Amendment?
400
The kinds of cases handled at this level would be things like: traffic tickets, marriages, graffiti of a private residence, or shoplifting.
What is state (court)?
400
This kind of crime includes murder and treason and is marked by the possible punishment of execution by the state.
What is a capitol offense or capitol crime?
600
A writ of certiorari is submitted to gather information on the case from the lower state/federal court
Law Clerks review the case with the Justices.
Then the Justices vote using this term.
What is The Rule of Four?
600
The following quote would be a great example of this judicial philosophy.
On interpreting the 8th amendment:
"The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. "
Justice Earl Warren
What is Living Constitutionalism?
600
Daily Double
This amendment lays out a right from self incrimination but also includes prohibition of "double jeopardy".
What is the 5th Amendment?
600
This kind of case most frequently results in some kind of fine to be paid in contrast to serving some kind of jail time or probation.
What is a Civil Case?
600
Latin for "a thing done after the fact".
It is the idea that you can't be charged for a crime that wasn't illegal when you committed it.
What is Ex Post Facto?
800
This power is enumerated in Article III, Section 1:
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish"
It has it's roots in Marbury v. Madison.
What is Judicial Review?
800
This quote exemplifies this judicial philosophy:
"The Constitution that I interpret and apply is not living, but dead, or as I prefer to call it, enduring. It means not what current society, much less the court, thinks it ought to mean, but what it meant when it was adopted."
Justice Antonin Scalia
What is Originalism?
800
This amendment guarantees the right to a jury trial in criminals court.
What is the 7th Amendment?
800
All of the following are ways to reach it:
Appeal through the entire State Court System
Appeal through the entire Federal Court system
Original Jurisdiction held by the Court
What is The Supreme Court?
800
Latin for "you shall have the body "
It means that you can not be arrested without being accused of a crime.
What is Habeas Corpus?
1000
The steps to becoming a supreme court justice go as follows:
1) Receive an appointment by the President
2) Attend hearing in the Senate, much like a job interview
3) Then this step (the answer)
4) They are sworn in by the Chief Justice
What is confirmation of the Senate (by a simple majority)?
1000
This feature of the Supreme Court is meant to make sure justices are "independent as hogs on ice" (Justice William Rehnquist), uncorrupted by politics, never concerned about cultivating the love of politicians or the public.
What are lifetime appointments?
1000
This system assumes that the best way to get to the truth of a matter is through a competitive process to determine the facts. The accused is innocent until proven guilty.
What is an adversarial system?
1000
A dispute about which state controls access to the transcontinental railroad would be heard in this kind of court.
What is a federal court?
1000
A concept that states courts should make decisions based on precedent, avoiding 'rocking the boat' except when absolutely necessary.
Latin for:
‘stand by things decided’
What is Stare Decisis?