The Judicial Branch

Question 1

Jurisdiction

Answer 1

The ability to hear a case

Question 2

What are the two types of original jurisdiction?

Answer 2

1. All controversies involving two or more states
2. all cases against ambassadors or other public ministers but, excludes consuls

Question 3

How many cases does the Supreme Court hear in its original jurisdiction.

Answer 3

Only 1 or 2 cases per term.

Question 4

How many cases are appealed to the Supreme Court each term?

Answer 4

Over 10,000 cases

Question 5

What is the Writs of Certiorari?

Answer 5

It is order given by the Supreme Court to a lower court to send a case to them.

Question 6

What is certificate?

Answer 6

It is a process in which a lower court isn’t clear over a procedure or rule of law that applies so they ask the Supreme Court to certify an answer to the question. SCOTUS has possibility of coming to a different answer or solution.

Question 7

What happens when the Supreme Court accepts a case?

Answer 7

1. Accept case
2. They set a date for oral arguments
3. Briefs are filed
4. Oral arguments
5. Justices conference
6. Issue their opinion

Question 8

What are briefs?

Answer 8

They are detailed statements that spell out the party’s legal position and built on facts and precedents. To sum it up, the legal arguments of the party.

Question 9

What are oral arguments?

Answer 9

The lawyer from each party speaks for 30 minutes to the Supreme Court.

Question 10

Injunction

Answer 10

a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act

Question 11

Shield Laws

Answer 11

Laws that give reporters some protection against having to disclose their sources or reveal confidential information.

Question 12

What form of communication is the most limited in 1st amendment protection?

Answer 12

Radio and television

Question 13

What is commercial speech?

Answer 13

Speech for business purposes

Question 14

Is obscenity protected by the 1st and 14th amendments?

Answer 14

No, also includes mailing obscene mattter

Question 15

3 part test to define obscenity

Answer 15

1. Excites lust
2. Sexual conduct
3. lacks any value

Question 16

Brown v. EMA

Answer 16

Court ruled that video games are a form of expressions and the law prohibiting this violated the first amendment

Question 17

Establishment Clause

Answer 17

No national religion (Separation of Church and State - Thomas Jefferson)
- distinction between religious practice and government

Question 18

Free Exercise Clause

Answer 18

• No one can prevent anyone from following a religion

Question 19

Lemon Test

Answer 19

Decides wether a state’s laws amounts to a religious establishment.
1. The law must have secular purpose
2. Cannot enhance/inhibit religion
3. Can’t promote excessive entanglement(Cross boundaries) between church and state

Question 20

Endorsement Test

Answer 20

Asks the question: Is the purpose of the statute(law) to favor/endorse one religion?

Question 21

What does Due Process achieve?

Answer 21

Achieves justice and secures the blessings of liberty for future generations

Question 22

Trespass doctrine

Answer 22

Tapping phone calls is not a breach of the 4th Amendment because a phone call is like a conversation anyone could here

Question 23

Equal Protection Clause

Answer 23

Declares that, “No State shall deny to any person within its jurisdiction the equal protection of laws.”

Question 24

Discriminate

Answer 24

the power to classify, to draw distinctions between persons and groups

Question 25

Rational basis test

Answer 25

Asks the question, “Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?”

Question 26

When does the Court impose a higher standard in equal protection cases?

Answer 26

1. deals with fundamental rights ( right to vote, the right to travel between states, or 1st Amendment rights)
2. such “suspect classifications” like those based on race, sex, or national origin

Question 27

Strict Scrutiny test

Answer 27

A state must be able to show that some “compelling governmental interest” justifies the distinctions it has drawn between classes of people.

Question 28

Integration

Answer 28

the process of desegregation

Question 28

De Jure segregation

Answer 28

segregation authorized by law

Question 29

De facto segregation

Answer 29

segregation that exists in fact

Question 30

What are the 2 types of courts?

Answer 30

Federal and state courts

Question 31

What are the types of federal courts?

Answer 31

Constitutional Courts and Special Courts

Question 32

Who creates Special Courts and why?

Answer 32

Created by Congress to meet the needs of specific constituencies or to address unique jurisdictional issues

Question 33

Describe Constitutional Courts (3 points)

Answer 33

• Have expressed judicial power
• determines and interprets the Constitution in cases
• Have more cases

Question 34

4 types of Jurisdiction

Answer 34

1. Concurrent Jurisdiction
2. Exclusive Jurisdiction
3. Original Jurisdiction
4. Appellate Jurisdiction

Question 35

What is Concurrent Jurisdiction?

Question 36

What is Exclusive Jurisdiction?

Question 37

What is Original Jurisdiction?

Question 38

What is Appellate Jurisdiction?

Question 39

What is the Free Exercise Clause?

Question 41

Stare decisis

Answer 41

Means, ‘let the decision stand’

Question 42

Civil disobedience

Answer 42

Actively defying a law to make a statement

Question 43

Seditious speech

Answer 43

Speech directed at overthrowing the government

Question 44

Due process clause

Answer 44

no person shall be “deprived of life, liberty, or property without due process of law”

Question 45

Judicial Restraint

Answer 45

Judge not putting own opinions in cases

Question 46

Judicial activism

Answer 46

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law