civil rights final

Question 1

Where in the Constitution is the Judicial Branch established?

Answer 1

Article 3

Question 2

What does the Constitution say about the Judicial Branch?

Answer 2

Article 3, Section 1: Establishes Judicial Branch

– judges tenure (hold their offices for “good behavior”)

– judicial power (article 3, section 2. grants the judicial power of the United States to the courts and outlines the scope of cases they can hear)

– jurisdiction

– right of trial by jury

– defines treason

Question 3

What doesn’t the Constitution say about the Judicial Branch?

Answer 3

– number of justices required

– judicial review (the power of courts to declare laws unconstitutional; Marbury v. Madison)

– judge qualifications

– role of judiciary in lawmaking

Question 4

How does someone become a Supreme Court Justice?

Answer 4

The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority

Question 5

How many Justices are on the Supreme Court?

Answer 5

9

Question 6

What is the length of a Supreme Court Justice’s term?

Answer 6

lifetime (“good behavior”)

Question 7

Supreme Court Justices

Answer 7

John Roberts (Chief Justice)
Clarence Thomas
Samuel Alito
Sonia Sotomayor
Elena Kagan
Neil Gorsuch
Brett Kavanaugh
Amy Coney Barrett
Ketanji Brown Jackson

Question 8

Chief Justice

Answer 8

John Roberts

Question 9

Longest Serving Justice

Answer 9

Clarence Thomas (October 23, 1991)

Question 10

Newest Justice

Answer 10

Ketanji Brown Jackson (June 30, 2022)

Question 11

Justices Political Views

Answer 11

Liberals:
- Sonia Sotomayor
- Elena Kagan
- Ketanji Brown Jackson

Conservative:
- Clarence Thomas
- Samuel Alito
- Neil Gorsuch
- Brett Kavanaugh)
- Amy Coney Barrett

John Roberts: mostly conservative?

Question 12

Supreme Court

Answer 12

• highest court in the United States
• final arbiter of federal constitutional law.
• hears select cases on appeal from lower courts, often addressing significant legal issues and interpretations.
• has ultimate appellate jurisdiction over all U.S. federal court cases

Question 13

Circuit Court (Court of Appeals)

Answer 13

• trial courts for suits between citizens of different states (diversity cases), and for civil suits initiated by the United States.
• rely on written records and legal arguments to make their rulings
• 13 circuit courts in the U.S.

Question 14

District Courts

Answer 14

• trial-level courts in the federal system
• handle a wide range of civil and criminal cases involving federal law
• conducts trials with evidence, witnesses, and juries
• 94 courts across the country

Question 15

Marbury v. Madison

Answer 15

• established the principle of judicial review, allowing the Court to invalidate unconstitutional laws and actions.

BG:
- William Marbury was appointed as a justice of the peace by President John Adams, but his commission was not delivered before Thomas Jefferson took office
- Marbury petitioned the Supreme Court for a writ of mandamus after Secretary of State James Madison refused to deliver the commission.
- Chief Justice John Marshall ruled that while Marbury had a right to his commission, the Court did not have the authority to issue the writ because the law granting that power was unconstitutional

Question 16

Original vs. Appellate Jurisdiction

Answer 16

Original: Refers to the power of a court to hear a case for the first time, as opposed to on appeal.
- Courts with original jurisdiction evaluate evidence, hear testimonies, and make determinations of fact and law.

Appellate: Refers to the power of a court to review and potentially change the decision of a lower court.
- Courts with appellate jurisdiction do not conduct trials; they review the record of the case, legal arguments, and the application of the law.

Question 17

Criminal Law vs. Civil Law

Answer 17

Criminal: Involves the government bringing legal action against a person for breaking the law.
- Penalties can include imprisonment, fines, or community service, aimed at punishing and deterring criminal behavior.

Civil: Involves a dispute between two parties, such as a person suing a business or another person
- Remedies often include monetary damages or injunctions, with the goal of resolving disputes and providing compensation to the injured party.

Question 18

Different types of opinions in Supreme Court cases

Answer 18

Majority: official ruling of the Court, representing the views of the justices who voted in favor of the decision and establishing binding precedent.

Concurring: written by justices who agree with the majority’s conclusion but wish to express different reasoning or highlight specific points.

Dissenting: authored by justices who disagree with the majority decision, outlining their opposing viewpoints and reasoning.

Plurality: occurs when the decision is supported by the largest group of justices, but not a majority, making its legal authority less definitive.

Question 19

Rule of Four

Answer 19

Supreme Court principle stating that if at least four justices agree to grant a writ of certiorari, the Court will hear the case.

Allows a minority of justices to bring a case before the Court

Question 20

Solicitor General

Answer 20

represents the federal government in Supreme Court cases, deciding which cases to appeal and presenting the government’s arguments.

Question 21

Judicial Activism vs. Judicial Restraint

Answer 21

Judicial Activism: Judges interpret the Constitution broadly to address social issues and protect individual rights, often leading to changes in public policy.

Judicial Restraint: Judges limit their power and defer to elected officials, interpreting the Constitution as originally intended and avoiding overturning legislation unless it clearly violates the Constitution.

.

Question 22

1st amendment

Answer 22

Protects the freedoms of religion, speech, press, assembly, and petition. It prohibits Congress from making laws that infringe upon these rights.

Question 23

2nd amendment

Answer 23

Protects the right of individuals to keep and bear arms, stating that a well-regulated militia is necessary for the security of a free state.

Question 23

4th amendment

Answer 23

Protects against unreasonable searches and seizures and requires law enforcement to obtain a warrant based on probable cause before conducting searches.

Question 24

5th amendment

Answer 24

guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination, also right to due process

Miranda Rights: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

Question 25

6th amendment

Answer 25

the rights of criminal defendants: right to a speedy and public trial, an impartial jury, and the right to counsel and to confront witnesses.

Question 26

8th amendment

Answer 26

Prohibits excessive bail and fines, as well as cruel and unusual punishment, ensuring humane treatment of individuals in the criminal justice system.

Question 27

Civil Liberties vs. Civil Rights

Answer 27

Liberties: rights protected from government interference, from Bill of Rights and the Constitution. (Freedom of speech, religion, press, assembly, and the right to privacy)

Rights: ensure individuals receive equal treatment and protection under the law, focusing on preventing discrimination.
(The right to vote, the right to equal education, and protections against discrimination based on race, gender, or disability)

Question 28

14th amendment (due process clause vs. equal protection clause)

Answer 28

Due Process: Protects individuals from arbitrary deprivation of life, liberty, or property without fair legal procedures.
- Ensures that legal rights are respected and guarantees fair trials.

Equal Protection: Prohibits states from denying any person equal protection under the law.
- Addresses discrimination and ensures that individuals in similar situations are treated equally.

Question 29

Engel v. Vitale

Answer 29

About: This case challenged the constitutionality of a voluntary school-sponsored prayer.

Constitutional Issue: First Amendment (Establishment Clause).

Decision: The Court ruled that the prayer was unconstitutional, as it violated the separation of church and state.

Importance: Established a precedent against state-sponsored religious activities in public schools, reinforcing the principle of secular education.

Question 30

Tinker v Des Moines

Answer 30

About: This case involved students wearing black armbands to protest the Vietnam War.

Constitutional Issue: First Amendment (Freedom of Speech).

Decision: The Court ruled that students do not lose their First Amendment rights at school and that the armbands were a form of symbolic speech.

Importance: Affirmed students’ rights to free expression in schools, setting a standard for student speech and protest.

Question 31

Hazelwood v. Kuhlmeier

Answer 31

About: This case involved a school principal censoring articles in a student newspaper.

Constitutional Issue: First Amendment (Freedom of Speech).

Decision: The Court ruled that schools have the authority to regulate school-sponsored activities and publications.

Importance: Established that school administrators can exercise editorial control over school-sponsored speech, affecting student journalism and expression.

Question 32

New Jersey v T.L.O

Answer 32

About: This case involved the search of a student’s purse for cigarettes, leading to the discovery of marijuana.

Constitutional Issue: Fourth Amendment (Search and Seizure).

Decision: The Court ruled that schools can conduct searches based on reasonable suspicion, rather than the stricter standard of probable cause.

Importance: Balanced student privacy rights with the need for school safety and discipline, establishing a standard for searches in schools.

Question 33

Plessy v Ferguson

Answer 33

About: This case challenged the constitutionality of racial segregation laws for public facilities.

Constitutional Issue: Fourteenth Amendment (Equal Protection Clause).

Decision: The Court upheld the “separate but equal” doctrine, allowing racial segregation.

Importance: Legitimized state-sponsored segregation and discrimination, reinforcing Jim Crow laws until it was overturned by later cases.

Question 34

Brown v Board of Education

Answer 34

About: This case challenged racial segregation in public schools.

Constitutional Issue: Fourteenth Amendment (Equal Protection Clause).

Decision: The Court ruled that racial segregation in public schools was inherently unequal and unconstitutional.

Importance: Overturned Plessy v. Ferguson and served as a catalyst for the civil rights movement, leading to desegregation in public schools.

Question 35

Obergefell v Hodges

Answer 35

About: This case challenged state bans on same-sex marriage.

Constitutional Issue: Fourteenth Amendment (Due Process and Equal Protection Clauses).

Decision: The Court ruled that same-sex marriage is a constitutional right and that states must recognize such marriages.

Importance: Established marriage equality across the United States, affirming the rights of same-sex couples and advancing LGBTQ+ rights.