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us gov - sherry > Ch 8 and 10 (Final Day 2) > Flashcards

Ch 8 and 10 (Final Day 2) Flashcards

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1
Q

Jurisdiction

A

The authority to hear and decide each case

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2
Q

Original Jurisdiction

A

The Court that hears the case first has original jurisdiction.

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3
Q

Appellate Jurisdiction

A

is the power of a court to review decisions and change outcomes of decisions of lower courts.

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4
Q

Appeal

A

apply to a higher court for a reversal of the decision of a lower court

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5
Q

Appellate

A
  • person to files an appeal-appellant- usually has to show the original ruling was based on a legal mistake
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6
Q

Writ of Certiorari

A

an order by a higher court seeking review of a lower case.

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7
Q

process of how supreme court cases are decided

A

Select a case (court requests reviewing) → briefs (written) →
hear oral arguments (spoken) ->
read arguments of each of the sides → issue opinion

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8
Q

majority opinion

A

5/9 supreme court justices

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9
Q

what can the supreme court issue as their decision

A

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

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10
Q

What cases make up the majority of the supreme courts caseload?

A

appeals

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11
Q

How many levels to the federal court system?

A

three main:
- district courts (the trial court),
- circuit courts (which are the first level of appeal)
- and the Supreme Court

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12
Q

What is the ultimate appellate court of the US?

A

The supreme court

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13
Q

How is the federal court system tiered?

A

district courts –> circuit courts –> Supreme Court

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14
Q

Dual court system

A

we have a dual court system meaning we have a federal and state court

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15
Q

Who is a supreme court justice nominated by?

A

The president

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16
Q

Who is a supreme court justice confirmed by?

A

the senate

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17
Q

Plaintiff

A

the one suing

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18
Q

Defendant

A

the person being accused or sued in court

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19
Q

judicial restraint

A

philosophy that advocates for the constitution to be interpreted according to the framers original intentions

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20
Q

judicial activism

A

philosophy that advocates for the constitution to be interpreted more broadly and to adapt to today’s demands/opinions

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21
Q

Judicial review

A

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

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22
Q

which branch has the power to create courts over time

A

congress

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23
Q

Qualities of a supreme court justice

A

same criteria as other judges
→ political “litmus test”

24
Q

What factors are considered when appointing federal judges

A

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

25
Q

cases that would fall under federal jurisdiction

A

terrorism, armed robbery of a bank, drug trafficking across staff lines, mudering a federal official, etc

26
Q

cases that would fall under state jurisdiction

A

murder, theft, rape, misdemeanor charges

27
Q

Are most cases overturned or upheld when taken up by the courts of appeals

A

no

28
Q

When our rights conflict, who decided what prevails.?

A

courts

29
Q

symbolic speech

A

using armbands to protest vietnam war, burning american flag

30
Q

14th amendment

A

allowed for the bill of rights to be applied to all states

31
Q

Selective incorporation

A

the bill of rights not being immediately incorporated, slowly did it
- under 14th ammendment

32
Q

Establishment clause

A

gov cannot create an offical religion or support one over another
-> seperation of church and state

33
Q

due process clause

A

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”

34
Q

defamation

A

publishing false statements about someone (with actual malice) that can ruin their reputation

35
Q

written defamation

A

libel

36
Q

spoken defamation

A

slander

37
Q

miranda rights

A

“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
38
Q

What’s the first amendment?

A

Protects our
Freedom of Religion, Speech and the Press: The Right to Assemble and Petition

39
Q

What’s the second amendment?

A

The Right to Bear Arms

40
Q

What’s the third amendment?

A

protects against the quatering of soldiers in your home

41
Q

What’s the fourth amendment?

A

protects against unreasonable searches and seizures

42
Q

What’s the fifth amendment?

A

includes the due process clause and miranda rights

  • i plead the 5th dont have to say nun
43
Q

What’s the sixth amendment?

A

right to speedy and public trial, trial by jury, and an adequate defense

44
Q

What’s the eighth amendment

A

protects against cruel and unusual punishment
(execessive fines, bail, etc)

45
Q

If a police officer sees a brick of cocaine in someones car, can the police officer can seize the cocaine without a search warrant

A

yes they can

46
Q

what does the police need to search someones house for drugs?

A

a search warrant

47
Q

Probable cause

A

strong likelihood tha evidence will be found (consent, plain view, vechile exeception, suspicion)

48
Q

exclusionary rule

A

evidence obtained illegally can never be used

49
Q

double jepordy

A

a person can never be retried twice for the same thing even if new evidence emerges proving guilt

50
Q

Are our rights absolute

A

No, There are limits. can scream bomb in an airport, or fire in a random theater, etc

51
Q

do we have a right to privacy and is it listed in the consitution

A

we do, but its not listed specifically (infered from 1, 3, 4, and 5 ammendment

52
Q

Procedural due process

A

qyestioning legal procedures (did the police, courts, gov follow the right steps)

53
Q

Substantive Due process

A

questioning if a law is fair

54
Q

can the supreme court deem any law as unconsitutional, even if a case was never brought to the supreme court

A

no cant

55
Q

habeas corpus

A

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

56
Q
A

us gov - sherry (4 decks)

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