Landmark Cases
judicial review
What is Marbury v. Madison?
freedom of speech, freedom of the press, freedom of petition, freedom of assembly, freedom of religion
What is the 1st Amendment?
refers to cases that fall under both state and federal jurisdiction
What is concurrent jurisdiction?
5 or more justices sign
What is the majority opinion?
do not involve a crime; generally brought by private individuals or corporations seeking to collect money owed or monetary damages (ex. divorce and child custody?
What are civil cases?
denied citizenship to African Americans; slaves are property and cannot sue for their freedom
What is Dred Scott v. Sandford?
protection against unreasonable searches and seizures; must be "probable cause"
What is the 4th Amendment?
refers to the first court to hear the case
What is original jurisdiction?
take place before the seated, robed panel of 9 Supreme Court justices; lawyers have 30 minutes to present their case; justices question each side for weakness
What are oral arguments?
the government must act fairly and in accord with established rules in all that it does
What is due process?
accused must be advised of their rights when being arrested and before being questioned by polic
What is Miranda v. Arizona?
government cannot deprive any person of life, liberty or property without due process (Federal protection)
What is the 5th Amendment?
What is appellate jurisdiction?
written arguments that are prepared and submitted by each side and lay out clear and convincing legal argument in favor of a specific judgement
What are briefs?
a more serious crime that carries a sentence of one year or greater in a state or federal prison
What is a felony?
established federal government's implied powers over the states
What is McCulloch v. Maryland?
provides that state local governments cannot deprive any person of life, liberty, or property without due process
What is the 14th Amendment?
a judge should interpret the Constitution according to the Framers' intent
What is judicial restraint?
What is the concurring opinion?
a less serious crime that usually carries a fine and a term of less than one year in jail, if at all
What is a misdemeanor?
citizens have a right to possess firearms at home for self-defense
What is District of Columbia v. Heller?
rights to criminal defendants: right to a speedy & public trial, the right to legal representation, the right to an impartial jury, the right to know who your accusers are, and the nature of the criminal charges brought against you
What is the 6th amendment?
a judge can adapt the meaning of the Constitution to meet contemporary realities
What is judicial activism?
held by the minority who didn't agree with the ruling
What is the dissenting opinion?
larceny, burglary, robbery, arson, and forgery are examples of these
What are property crimes?