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Civics EOC Review The Judicial Branch and The Law Day 4
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What is jurisdiction?
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Jurisdiction is a court’s authority to hear and decide cases. Federal courts have jurisdiction over: Cases dealing with the Constitution (constitutional law) Suits involving the federal government Violations of federal law.
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What are the 3 levels of Federal Courts?
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The 3 levels are: District Courts U.S. Courts of Appeals Supreme Court
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US Appeals courts have what type of jurisdiction? Appellate jurisdiction District courts have what type of jurisdiction? Original jurisdiction
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The US Courts of Appeals hears what types of cases?
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They review decisions made in lower courts.
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Who selects federal judges? The president, with the approval of the Senate For how long do they serve? For life
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How Many Supreme Court Justices? 9 8 Associate and 1 Chief Justice Who selects these justices? The president with consent of Senate
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Marbury v. Madison. Why is it important? It established the Supreme Court’s power of judicial review or the power to say whether any law or government action is unconstitutional.
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Where do we get some early ideas of law from? Code of Hammurabi Roman Law Common Law Law based on precedent or court decisions What is the function of law? To keep peace
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Types of Law CIVIL LAW- involves disputes between people or groups of people. CRIMINAL LAW- Law that seeks to prevent people from harming one another or their property
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WHAT ARE MISDEMEANORS? Less serious crimes with less serious consequences. WHAT ARE FELONIES? Serious crimes
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LEGAL PROTECTIONS IN THE US: Write of habeas corpus Bills of attainder Ex post facto law
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RIGHTS OF THE ACCUSSED: 4 th Amendment 5 th Amendment 6 th Amendment 8 th Amendment Miranda Warning- Miranda v. Arizona
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CIVIL CASES: Include a plaintiff The person bringing the lawsuit And includes defendant- the party being sued.
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CRIMINAL CASES- Procedures Arrest Preliminary hearing Indictment- formally charge with crime Arraignment- “pleadings (complaint & answer)” Plea bargain Trial Acquittal (set free) or Sentencing (guilty)
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What is a hung jury?
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A jury that can not agree on a verdict, even after days of discussion and many votes.
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What is a juvenile?
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Someone not yet legally an adult
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Who are juvenile delinquents? Young people that commit crimes.
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Important Court Cases
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McCulloch v. Maryland: ruled that in a conflict between national and state power, the national government is supreme. Hazlewood v. Kuhkneier: school administrators can edit student publications if doing so educationally.
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Brown v. Board of Education began integration of public schools. Plessy v. Ferguson began “separate but equal” facilities.
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Mapp v. Ohio declared that evidence obtained without proper police searches is unconstitutional in state criminal cases. Gideon v. Wainwright guaranteed an attorney for all, even if you could not afford one. -interpreted the 6 th Amend.
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Tinker v. Des Moines - Guaranteed students rights to freedom of expression in public schools. Bakke v. Regents of the University of California Affirmative action; got rid of quota systems in college admissions
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Korematsu v. United States ruling that the exclusion order leading to Japanese American Internment was constitutional ruling that the exclusion order leading to Japanese American Internment was constitutionalJapanese American InternmentconstitutionalJapanese American Internmentconstitutional
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