Ch 8 and 10 (Final Day 2) Flashcards
Jurisdiction
The authority to hear and decide each case
Original Jurisdiction
The Court that hears the case first has original jurisdiction.
Appellate Jurisdiction
is the power of a court to review decisions and change outcomes of decisions of lower courts.
Appeal
apply to a higher court for a reversal of the decision of a lower court
Appellate
- person to files an appeal-appellant- usually has to show the original ruling was based on a legal mistake
Writ of Certiorari
an order by a higher court seeking review of a lower case.
process of how supreme court cases are decided
Select a case (court requests reviewing) → briefs (written) →
hear oral arguments (spoken) ->
read arguments of each of the sides → issue opinion
majority opinion
5/9 supreme court justices
what can the supreme court issue as their decision
Dissenting opinions - if one disagree w/ majority
Concurring opinions - a judge agrees with the ultimate conclusion made by the majority of the court but disagrees on how they reached that decision.
Majority opinion - signed by 5 out of the 9 justices
What cases make up the majority of the supreme courts caseload?
appeals
How many levels to the federal court system?
three main:
- district courts (the trial court),
- circuit courts (which are the first level of appeal)
- and the Supreme Court
What is the ultimate appellate court of the US?
The supreme court
How is the federal court system tiered?
district courts –> circuit courts –> Supreme Court
Dual court system
we have a dual court system meaning we have a federal and state court
Who is a supreme court justice nominated by?
The president
Who is a supreme court justice confirmed by?
the senate
Plaintiff
the one suing
Defendant
the person being accused or sued in court
judicial restraint
philosophy that advocates for the constitution to be interpreted according to the framers original intentions
judicial activism
philosophy that advocates for the constitution to be interpreted more broadly and to adapt to today’s demands/opinions
Judicial review
a check on the other branches
- The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution
which branch has the power to create courts over time
congress
Qualities of a supreme court justice
same criteria as other judges
→ political “litmus test”
What factors are considered when appointing federal judges
Legal Expertise (need to know everything abt law, law school)
party affiliation (resonates w the president)
opinions of the senate (senate has to approve them and like them)
judicial philosophy
cases that would fall under federal jurisdiction
terrorism, armed robbery of a bank, drug trafficking across staff lines, mudering a federal official, etc
cases that would fall under state jurisdiction
murder, theft, rape, misdemeanor charges
Are most cases overturned or upheld when taken up by the courts of appeals
no
When our rights conflict, who decided what prevails.?
courts
symbolic speech
using armbands to protest vietnam war, burning american flag
14th amendment
allowed for the bill of rights to be applied to all states
Selective incorporation
the bill of rights not being immediately incorporated, slowly did it
- under 14th ammendment
Establishment clause
gov cannot create an offical religion or support one over another
-> seperation of church and state
due process clause
ex: if a person was sent straight to jail w/o a trial
- no state shall deprive any person of life, liberty, property, w/o due process of law”
defamation
publishing false statements about someone (with actual malice) that can ruin their reputation
written defamation
libel
spoken defamation
slander
miranda rights
“right to remain silent.. etc” (5th ammendment) cops read them to u
- if someone was arrested and not read their miranda rights, their confession CAN NOT be used in the trial even if their guilty
What’s the first amendment?
Protects our
Freedom of Religion, Speech and the Press: The Right to Assemble and Petition
What’s the second amendment?
The Right to Bear Arms
What’s the third amendment?
protects against the quatering of soldiers in your home
What’s the fourth amendment?
protects against unreasonable searches and seizures
What’s the fifth amendment?
includes the due process clause and miranda rights
- i plead the 5th dont have to say nun
What’s the sixth amendment?
right to speedy and public trial, trial by jury, and an adequate defense
What’s the eighth amendment
protects against cruel and unusual punishment
(execessive fines, bail, etc)
If a police officer sees a brick of cocaine in someones car, can the police officer can seize the cocaine without a search warrant
yes they can
what does the police need to search someones house for drugs?
a search warrant
Probable cause
strong likelihood tha evidence will be found (consent, plain view, vechile exeception, suspicion)
exclusionary rule
evidence obtained illegally can never be used
double jepordy
a person can never be retried twice for the same thing even if new evidence emerges proving guilt
Are our rights absolute
No, There are limits. can scream bomb in an airport, or fire in a random theater, etc
do we have a right to privacy and is it listed in the consitution
we do, but its not listed specifically (infered from 1, 3, 4, and 5 ammendment
Procedural due process
qyestioning legal procedures (did the police, courts, gov follow the right steps)
Substantive Due process
questioning if a law is fair
can the supreme court deem any law as unconsitutional, even if a case was never brought to the supreme court
no cant
habeas corpus
gov cant hold u in jail indefinitely, must go to a judge and be charged w a crime or they have to let u go
