Judicial Branch Basics
This article of the Constitution describes the roles and functions of the Judicial Branch.
What is Article 3?
The authority of a court to hear (try and decide on) a case.
This clause of the First Amendment forbids the government from sanctioning, influencing or favoring one religion over another.
What is the Establishment Clause?
Roe v Wade, which ruled any laws banning abortions as unconstitutional, was justified based on what right?
What is the right to privacy?
This is the primary role of the Judicial Branch
What is to interpret and define laws?
This type of jurisdiction states that a court may be the first court to hear a case.
What is original jurisdiction?
This clause of the First Amendment forbids the government from interfering with your right to practice (or not practice) any religion you want.
What is the Free Exercise Clause?
What is reasonable suspicion?
These are the three levels of federal courts.
What is District, Appellate, and the Supreme Court?
This type of jurisdiction states that only federal courts may hear a case while states cannot.
What is Exclusive Jurisdiction?
This constitutional test is used to determine whether speech is obscene and NOT protected under the First Amendment.
What is the three pronged test?
Probably Cause
Supreme Court Justices must be appointed by this person and approved by which body?
Who is the President and what is the Senate?
This type of jurisdiction states that both federal AND state courts may hear a case.
What is concurrent jurisdiction?
This test is meant to determine whether speech encourages illegal activity, and therefore NOT protected under the First Amendment.
This Amendment forbids "cruel and unusual punishment"?
What is the Eight Amendment?
This process describes the ability of the Supreme Court to rule laws unconstitutional.
What is Judicial Review?
This type of jurisdiction states that a court may only hear a case on appeal.
What is appellate jurisdiction?
The Bad Tendency Test was used in these two Supreme Court cases that ruled that individuals cannot use speech to obstruct America's war effort during World War 1.
What are Debs vs USA (1919) and Schenck vs USA (1919)
This process by which some of the Amendments in the Bill of Rights restrict the powers of the States in addition to the Federal government.
What is the Incorporation Doctrine?