The Judicial Branch Study Guide for Unit 5

5 th Amendment Deals with the rights of the accused: Double jeopardy is prohibited Right to be heard by a Grand Jury No self-incrimination

13 th Amendment Abolished slavery and involuntary servitude

17 th Amendment Allowed citizens to directly elect their Senators

Appellate Jurisdiction The ability to hear and review cases from lower courts.

Chief Justice The highest position on the U.S. Supreme Court. It is currently held by John G. Roberts

Civil Rights Act of 1964 Signed into existence by President Johnson, it prevented discrimination in voter registration, public accomodations (such as hotels and restaurants), and in hiring practices

Concurrent Jurisdiction Two or more courts (typically a state court and a federal court) have jurisdiction over the same issue.

Concurring/Dissenting Opinion After the Supreme Court rules, justices may write opinion papers. A justice who agrees with the ruling, but for a different reason, will write a “Concurring Opinion” with an explanation of why they agree. A justice who disagrees with the ruling, but for a different reason, will write a “Dissenting Opinion” with an explanation of why they disagree.

Equal Rights Amendment A failed, early-1980s attempt to prevent discrimination against women

Judicial Branch Responsible for interpreting the laws of the United States

Judicial Review The power of the Supreme Court to declare a law unconstitutional. This is the most crucial power of the Supreme Court.

Justices There are nine justices on the Supreme Court. A majority is more than half, so the lowest majority would be five justices.

Marbury v. Madison Supreme Court decision that established the power of judicial review

Original Jurisdiction In legal proceedings, lower courts have the right to hear a case for the first time it has been presented in the legal system.

Plessy v. Ferguson Supreme Court decision that upheld the “separate but equal” principle. It was overturned by the Brown v. Board of Education Case

Regents of the University of California v. Bakke The Supreme Court ruled that quota systems in college admissions were unconstitutional

Rule of Law The basis of U.S. law, it holds that all people, including those in the government, must obey the law.

Separation of Powers Means that the legislative, executive, and judicial functions of government are held by separate people and groups.

Supreme Court Mainly an appellate court, which means that it hears a case after another court ruled on the case. This is the court of last resort in all questions of federal law.

Supreme Court Most of the cases heard by the Supreme Court are cases involving civil liberties.

U.S. District Court Has original jurisdiction in cases involving federal crimes. A “federal” crime is one that violates the laws of the United States government, not just the laws of one state.

U.S. District Court The U.S. is divided into 12 regions, each one with a district court.

Writ of Certiorari A formal request (a writ) asking the Supreme Court to hear a case. This is how most cases get to the Supreme Court. They hear less than 1% of all cases asked to review.

Simple Majority The outcome of each Supreme Court case is decided by a majority of the votes. Each justice gets one vote. There are 9 justices so the fewest votes to determine a case is 5.

Stare Decisis This idea upholds that it is important to recognize and study past decisions, or precedents. A judge observing this is being careful to uphold past judges’ decisions.

Supreme Law of the Land The U.S. Constitution is the highest form of law in the United States. No law (federal, state or local) can violate the Constitution.

“Clear and Present Danger” Test devised by the Supreme Court that was designed to define the conditions under which public authorities can limit free speech. The most popular example is that you cannot yell “Fire!” in a crowded theater because it would cause a panic

Slander Illegal act in which someone states lies or intentionally false statements spoken about another person.

Libel Illegal act in which someone issues an intentionally defamatory or false written or printed statement.

State Courts Derive their power from the state constitution and laws.

Precedent Once the Court rules on a case, the ruling becomes this for future decisions

Federal Courts Courts that derive their power from the U.S. Constitution and federal laws.

Trial Court Typically a court that has original jurisdiction.

Jury Duty If you are registered to vote or have a driver’s license you may be called to serve on a jury for a trial.

The Senate They hold the power to confirm presidential appointments to the Supreme Court

Miranda v. Arizona Supreme Court case that changed law enforcement across the country. It led to the Miranda Warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Majority Opinion A written explanation of the ruling by one of the justices that agreed with the decision of the court.

Unit 5 Test on Friday, January 16, 2015