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The role of the Judicial Branch is to …
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Interpret the laws and is executed by the Supreme Court and the court systems
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What is civil disobedience?
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Exercise of peaceful protest
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Criminal law covers
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Actions forbidden by a society’s government and is punishable by imprisonment
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Two examples of required citizen participation in the court system are…
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Witnesses and jury duty
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The judicial system is funded by…
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Our taxes
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Two types of court systems
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Federal and state courts
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State courts are predominately for what type of court cases?
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Cases where people break state and local laws and do not meet federal requirements
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Federal courts are predominately for what type of court cases?
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Where people break federal laws or a case involving diversity of citizenship (from two different states) ex. Break a law in one state, but travel over state lines.
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The Constitution created which court…
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Supreme Court
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The Constitution gave Congress the power to create these…
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all lower courts
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There is an established hierarchical path that a case must follow in the court system, starting with the…
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Lower courts and moving to higher courts
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Idaho state courts follow the same processes and procedures as the…
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Federal Courts
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Supreme Court appointment process
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Appointed by president, confirmed by the Senate
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It is the highest court of the land and has the power to make landmark decisions that affect all Americans
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Supreme Court
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Supreme Court justices serve for…
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Fired, retired, expired
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Number of justices of the Supreme Court
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9
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Typical route of appealing a case to the Supreme Court
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Federal District Court – Federal Appeals Court – The Supreme Court
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An order by the Supreme Court directing a lower court to send up the record in a given case for review
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Writ of certiorari
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Does the Supreme court have to hear all cases?
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No
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Judicial review is…
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Supreme Court’s ability to check the legislative and executive branches by determining the constitutionality of a law.
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The Supreme Court’s power of judicial review came from what case?
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Marbury v. Madison
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What are the two types of jurisdictions?
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Original and Appellate
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Original jurisdiction is…
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Hearing the cases the first time for fact finding or finding out what happened
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Appellate cases are…
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Cases heard on appeal…for legal finding or if you think a legal mistake was made in a lower court
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The court systems must be guided by…
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Principles of due process, equal protection, and rule of law
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What is due process?
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Both the Federal government (5th Amendment) and the State governments (14th Amendment) cannot deprive any person of life, liberty, or property
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What is the equal protection clause?
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14th Amendment…States and their local governments cannot draw unreasonable distinctions between classes of persons. (Supreme Court has held that the 5th Amendment does the same for the Federal government)
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Rule of law means…
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Government and its officers are always subject to the law
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…act as a common law; they are rulings from higher courts that help lower courts rule.
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precedents
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…the belief that the Supreme Court justices should actively make policy and sometimes redefine the Constitution
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Judicial activism
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Judicial restraint is the belief that…
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Supreme Court justices should not actively try to shape social and political issues or redefine the Constitution.
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Prevents unjust arrests and imprisonments
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Writ of habeas corpus
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The person who files suit or some other legal action against another
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plaintiff
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The person whom a court action is brought against
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defendant
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Right to counsel was guaranteed by what case?
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Gideon v. Wainwright
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What case overturned Plessy v. Ferguson’s separate-but-equal doctrine
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Brown v. Board of Education
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Police must inform you of your constitutional rights before questioning because of this case.
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Miranda v. Arizona
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