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
Can you appeal a decision once it has been made by the Supreme Court?
No. The Supreme Court is the final step in the process.
What rights does the Fourth Amendment protect?
Protection against unreasonable search and seizure.
How many cases does the Supreme Court hear per year?
Around 80
How do you become a federal judge or a Supreme Court justice?
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
What is judicial review?
The ability to review laws and actions and determine whether or not they are constitutional.
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
Larceny, arson, robbery, burglary, and forgery are all what types of crimes?
Property Crimes
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.
How does the president affect the Supreme Court?
He has the power to nominate justices to the bench.
Assault, battery, and homicide are all what types of crimes?
Personal crimes
What are three of the types of sentences you can recieve when you have committed a crime?
Community service, fines, probation, incarceration, and the death penalty
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
What two types of jurisdiction does the Supreme Court have?
Original and appellate jurisdiction
In what case did the Supreme Court begin the process of judicial review?
Marbury v. Madison
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
What are four rights you have in regards to the criminal justice process?
4th: no illegal search and seizure
5th: right to remain silent, no double jeopardy
6th: right to a speedy and public trial; right to an attorney, right to confront and call witnesses, right to know the charges against you
7th: right to a jury in a civil trial
8th: no cruel or unusual punishment
Describe the role the following individuals play in a civil case: defendant, plaintiff
Plaintiff: the person who sues someone for the violation of their rights or for disputes and other noncriminal acts
Defendant: the person being sued by the plaintiff
List the types of jurisdictions each of the following courts have: Court of Appeals, District Court
Court of Appeals: appellate jurisdiction
District Court: original jurisdiction
What does "precedent" mean?
Refers to the practice of following the prior decisions made by the courts
What are three of the categories for types of crimes?
Personal, property, inchoate, statutory, and hate crimes
Put the following steps of the criminal justice process in order: sentencing, investigation, indictment, arrest, trial and arraignment.
Investigation, arrest, indictment, arraignment, trial, sentencing