unit 5 &6 Flashcards
Marbury v. Madison
McCulloch v. Maryland
Gibbons v. Ogden
- The Supreme Court has the power to interpret the Constitution.
- Federal government has the authority to create a national bank, and federal laws take precedence over state laws.
- Federal government’s power to control trade between states.
Mapp v. Ohio
Gideon v. Wainwright
- illegally obtained evidence cannot be used in state criminal trials. (The nudity pictures)
- The right to a lawyer for people who can’t afford one in state courts.
Miranda v. Arizona
Gregg v. Georgia
- law enforcement must inform suspects of their rights during questioning. (Miranda Rights)
- Upheld the constitutionality of the death penalty
Tinker v. Des Moines
Dred Scott v. Sanford
- Students have the right to symbolic speech in schools. (Vietnam bands)
- Denied citizenship to African Americans and said Congress couldn’t ban slavery in territories.
Leandro v. NC
Swann v. CMS
1.Ruled that every child in North Carolina has a constitutional right to a “sound, basic education.”
- Allow for school integration using busses
Hazelwood v. Kuhlmeier
New Jersey v. T.L.O.
- Allowed school administrators to censor school-sponsored publications. (school news paper)
2.Allowed school administrators to search students under a lower standard than the one required for searches by law enforcement. ( the smooker)
Engel v. Vitale
No prayers in school
Civil law
51% of evidence to prove.
Defendant V Plaintiff
deals with cases among community.
heard by a judge branch
Criminal Law
- Needs evidence beyond reasonable doubts
Defendant VS Prosecutor
Grandy jury & Petite Jury
Supreme court Jurisdiction
Original and Appellate Jurisdiction
original jurisdiction – > over cases involving two or more states or foreign ambassadors.
What is a writ of certiorai ?
An order to a lower court to send a record in a given case for its review.
Briefs
Written document filed with the court
Concurring opinions
add or emphasize a point made.
Arbitration
Involves a neutral third party (arbitrator) who listens to both sides and makes a final, binding decision to resolve the dispute.
Mediation
Involves a neutral third party (mediator) helping the parties in a dispute communicate and reach a voluntary agreement.
Petit Jury
A trial jury that hears evidence in a civil or criminal trial and renders a verdict.
Grand Jury
group of citizens reviewing if a case has enough evidence to bring criminal charges against a suspect.
Us Supreme courts
94 district courts
12 courts of appeals
many courts with special functions
Judicial review
Civil rights
Civil rights are about equal treatment and freedom from discrimination based on characteristics like race, gender, religion, or nationality.
Civil Liberties
individual freedoms and protections from government actions that could infringe on personal liberties.
Eminent Domain
requires the government to provide you with compensation for your property
Voting Rights Act of 1965
eliminating racial discrimination in voting.
Title IX
a law that was established to make sure all people had equal opportunities in the workplace
