AP Gov Quiz Chapter 13 Flashcards
Which article addresses the judicial branch and what does it consist of?
III
- Shortest and least detailed of the three branches
- It calls for the creation of “one supreme Court”
- establishes its authority to hear cases and make decisions about them, and the types of cases the Court may hear.
- It distinguishes which are matters of original jurisdiction and which are for appellate jurisdiction.
Original Jurisdiction
a case is heard for the first time
Appellate Jurisdiction
a court hears a case on appeal from a lower court and may change the lower court’s decision.
judicial review
power of the courts, as part of the system of checks and balances, to look at actions taken by the other branches of government and the states and determine whether they are constitutional.
What case established judicial review
Marbury v. Madison
Ruled that, although Marbury was entitled to the role of secretary of state, they could not force Madison to release the documents, because the provision in the Judiciary Act that had given the Court that power was unconstitutional.
common law system
law is largely developed through binding judicial decisions.
In a court case, it is one party versus the other, and it is up to an impartial person or group, such as the judge or jury, to determine which party prevails.
Public schools must be desegregated.
Brown v. Board of Education (1954)
Poor criminal defendants must be provided an attorney.
Gideon v. Wainwright (1963)
Criminal suspects must be read their rights.
Miranda v. Arizona (1966)
Women have a constitutional right to abortion.
Roe v. Wade (1973)
An individual has the right to a handgun in his or her home.
McDonald v. Chicago (2010)
Police may not search a cell phone without a warrant.
Riley v. California (2014)
Same-sex couples have the right to marry in all states.
Obergefell v. Hodges (2015)
the court again rejected an Eighth Amendment claim of the death penalty as torture.
Bucklew v. Precythe (2019),
What is a dual court system?
courts at both the national and state levels.
Three tiers of courts
trial courts, appellate courts, and supreme courts
Federal courts
U.S. District Courts, U.S. Courts of Appeals
State Courts
State Trial Courts, Intermediate Appellate Courts, State Supreme Courts
Where do Supreme Court Cases come from?
- the circuit courts, or U.S. courts of appeals
- state supreme courts
criminal law
governments establish rules and punishments;
civil law
cases involve two or more private (non-government) parties, at least one of whom alleges harm or injury committed by the other.
State v. Federal Courts
State:
- Hear most day-to-day cases, covering 90 percent of all cases
- Hear both civil and criminal matters
- Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government
Federal:
- Hear cases that involve a “federal question,” involving the Constitution, federal laws or treaties, or a “federal party” in which the U.S. government is a party to the case
- Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts
- Hear cases that involve “interstate” matters, “diversity of citizenship” involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000)
Pros and Cons of Dual Court System
Pros: Each person has more than just one court system ready
to protect his or her rights.
Cons: The existence of the dual court system means that
there are different courts in which a person could face
charges for a crime.
When laws across the states and the nation are not the
same, legalities become complex.
Where a person is located can affect not only what is
allowable and what is not, but also how cases are judged.
precedent
- builds on principles and guidelines set by earlier cases
- frames the ongoing operation of the courts, steering the direction of the entire system.
