Marbury v. Madison / definitions
What does unconstitutional mean?
Something that violates (breaks) the Constitution
What does equal protection mean?
Everyone is treated the same under the law.
What does the Fourth Amendment protect against?
unreasonable search and seizure
What does the court have to decide in the Miranda v. Arizona case? What is their question?
Whether your protection against self incrimination still has to be enforced when you're being questioned by the police
Give an example of a breach of contract suit and whether it would be a civil or criminal case.
ex. You sign a confidentiality agreement but then share the information you were supposed to keep secret. (Civil)
What did the Marbury v. Madison case establish?
Judicial Review
In Brown v. Board, the court had to decide if what violated the Equal Protection Clause of the 14th Amendment?
Segregating public schools based on race
In this case, the judge says we must balance students' interest in privacy against what?
The school's interest in maintaining discipline
Which right is at issue in the McDonald v. Chicago case?
The Second Amendment right to keep and bear arms
What are damages and are they a part of civil or criminal cases?
If a defendant is found liable, this is the penalty they pay to the plaintiff to make up for the harm done. (civil)
What is it called to have your decision in a lower court reviewed by an upper court?
To appeal
According to the majority opinion in this case, why is it so important that everyone have access to an equal education?
Education is a very important part of being able to succeed in our society.
What is due process?
Protections you have when you are charged with a crime so the government cannot take your freedom away unfairly
What is selective incorporation?
Applying protections from the Bill of Rights to state and local governments through the due process clause of the 14th Amendment.
What does the Grand Jury issue?
the Indictment (formal charges)
What court has the final jurisdiction over all appeals cases in the country
Supreme Court
What happened in Tinker v. Des Moines and what was its significance?
Question: Do students have freedom of speech in school? Students wore armbands as a sign of protest against the Vietnam War. How did courts rule? In favor of students because they were not being disruptive. Strengthened individual rights
People sometimes say they "plead the fifth" when they don't want to answer a question because the 5th Amendment protects you against...and what does your 8th amendment protect you from
Self-incrimination / cruel and unusual punishment and excessive bail
What happened in Miranda v. Arizona and what was its significance?
Ruled in Miranda's favor since he did not know that he had the right to remain silent (5th amendment). His confession was thrown out. Established the Miranda warnings. Strengthened due process and individual rights
Who issues the verdict in criminal cases?
petit jury
What happened in Marbury v. Madison and what was its significance?
JUDICIAL REVIEW
John Adams filed paperwork for several of his supporters to become federal judges right as he was leaving office (one of these supporters being Marbury). Thomas Jefferson becomes president and stops Marbury's papers from going through. The court ruled in favor of Madison (despite being of the same political party as Marbury) because the constitution gives Thomas Jefferson the power to appoint judges as president. Going against that would be unconstitutional
What happened in Brown v. Board of Education and what was its significance?
Ended segregation. Ruled that separate but equal is inherently unequal. Desegregated schools
What happened in New Jersey v. TLO and what was its significance?
Ruled in the school's favor. School administrators do not need a warrant (4th amendment) to search students' belongings as long as they have reason to believe that the search will turn up evidence that the student broke a school rule or a law.
What happened in McDonald v. Chicago and what was its significance?
Ruled that Chicago's handgun ban was unconstitutional due to people's second amendment right to self-defense/right to bear arms. Selectively incorporated the 2nd amendment to the states through the due process clause of the 14th amendment.
What are the different burden of proof for civil and criminal cases? How are they different?
Civil: Preponderance of evidence: The judge or jury decides the verdict based on what the majority of the evidence suggests
Criminal: Beyond a reasonable doubt: Certain (no doubts)