The Judicial Branch🤘🏻

Question 1

Civil Rights?

Answer 1

Positive acts of gov’t that seek to make constitutional guarantees

Question 2

Civil Liberties?

Answer 2

Protections against unreasonable and unconstitutional acts of gov’t

Question 3

Due Process?

Answer 3

• Found in the 5 and 14 amendments
• the government must act fairly and in accord with established rules
• substantive due process, and procedural due process

Question 4

Substantive due process?

Answer 4

Gov’t must create fair policies and procedures

Question 5

Procedural due process?

Answer 5

Gov’t must carry out fair policies and procedures

Question 6

What are the procedures associated with due process?

Answer 6

• arrest on probable cause
• informed of rights (silent and counsel)
• interrogation/no coerced confession
• evidence reviewed for trial
• indictment
• speedy and public trial
• informed if verdict
• no excessive fine or cruel/unusual punishment
• right to an appeal

Question 7

Justice courts?

Answer 7

• rural areas or small towns
• judge is called the Justice of Peace
• less serious crimes: misdemeanors

Question 8

Municipal/ Magistrate Courts?

Answer 8

• larger towns and cities
• minor criminal cases(ex: traffic violations)
• small civil cases(usually less than $1000)

Question 9

What are the three types of opinions issued by the Supreme Court?

Answer 9

•majority, concurring, and dissenting opinion

Question 10

Majority opinion?

Answer 10

Announces the courts decision and explains reasons

Question 11

Concurring Opinion?

Answer 11

May be written to add or emphasize majority opinion

Question 12

Dissenting opinion?

Answer 12

Written to express disagreement with the decision of the court

Question 13

When does the Supreme Court have original jurisdiction?

Answer 13

In all cases??????

Question 14

Why were the circuit court of appeals created?

Answer 14

To alleviate the burden of the Supreme Court

Question 15

Judicial review?

Answer 15

Determine whether any law or government action (state, federal, or local) goes against the constitution

Question 16

4th Amendment?

Answer 16

Protects against unreasonable search and seizure of property

Question 17

5th Amendment?

Answer 17

• prevents against self-incrimination
• must be informed of charges
• prevents double jeopardy
• guarantees due process of the law
• grand jury decides on evidence for a trial

Question 18

6th Amendment?

Answer 18

• right to a fair, public, and speedy trial
• right to trial by a jury of peers
• right to call witnesses
• right to legal counsel

Question 19

7th Amendment?

Answer 19

Right to a jury trial in civil cases

Question 20

8th Amendment?

Answer 20

-protection against excessive bail
-protection against cruel and unusual punishment
•ex:burning at the stake, 3 strikes, crucifixion
•states created a two stage process when applying the death penalty
~1st trial determines guilt
~2nd determines if crime justifies the death penalty

Question 21

Article 3?

Answer 21

The Judicial Branch

Question 22

What did the Judiciary Act of 1789 and 1891 do?

Answer 22

It established three levels to the system
•district courts
•courts of appeals
•us Supreme Court

Question 23

Why have states created a two stage process in capital cases?

Answer 23

They want to protect citizens from unusual and cruel punishments and from excessive bail by determining a two stage process to rule out guilty from innocent

Question 24

How do appellate cases differ from the trial courts?

Answer 24

Trial courts deal with criminal cases of more serious crimes like (felony, murder, armed robbery etc) and civil cases of large dollar amounts

Appellate court deal with intermediate appellate courts and state Supreme Court
??????????

Question 25

How are cases conducted in trial courts at both state and federal levels?

Answer 25

Both hear civil and criminal cases, they determine the facts of case, decide if person verdict, and ONLY federal courts(witnesses testify and juries hear cases and reach verdicts)

Question 26

How are federal judges selected? How long do they serve?

Answer 26

• 8 justices & 1 chief justice
• appointed by the president and confirmed by senate
• appointed for life, but can be impeached

Question 27

Who has the power to create lower courts under the Supreme Court?

Answer 27

State Court system???

Question 28

Trial Courts?

Answer 28

-hear both civil and criminal cases
-determine the facts of the case
-decide if a person is gully or innocent
-only federal courts in which
•witnesses testify
•juries hear cases and reach verdicts

Question 29

Appellate Jurisdiction?

Answer 29

The right to review a case that is already been decided

Question 30

Jurisdiction?

Answer 30

Right to hear case

Question 31

Original jurisdiction?

Answer 31

Foreign gov’t or a state is a party of the case

Question 32

State court system?

Answer 32

-most legal matters fall into the state courts
-organized similarly to federal court system
-three levels
•minor violations and lawsuits
•serious crimes and large scale civil cases
•appeals courts