Unit 5 Chapter 17&18

Question 1

Define the term: Justice (SCOTUS)

Answer 1

A judge who sits on the Supreme Court

Question 2

Define the term: Common Law

Answer 2

Law that comes from precedent rather than from laws/statutes

Question 3

Define the term: Precedents

Answer 3

Previous decisions, usually by higher courts, that guide decision making in future cases

Question 4

Define the term: Stare Decisis

Answer 4

Literally “to stand by things decided”. It is the principle used that says precedent drives further decisions

Question 5

Define the term: Natural Law

Answer 5

Laws that exist in the state of nature, usually viewed as God given laws

Question 6

Define the term: Revealed law

Answer 6

Laws that come from scripture

Question 7

Define the term: Judicial Federalism

Answer 7

A separation of judicial and state courts

Question 8

Define the term: District Courts

Answer 8

Federal courts that oversee and can take cases from a specific geographic region. Limited jurisdiction to federal issues only, or cases in which issues cross state lines

Question 9

Define the term: Original Jurisdiction

Answer 9

The cases which a court has direct authority to try or hear in their courts

Question 10

Define the term: Grand Jury

Answer 10

A group of people who gather to determine whether or not there is enough evidence to charge someone with a crime. Does NOT determine guilt or innocence

Question 11

Define the term: petit/trial jury

Answer 11

A jury that determines the outcome of the trial

Question 12

Define the term: Appellate jurisdiction

Answer 12

Refers to courts that can only hear cases that are appealed, these are the circuit courts

Question 13

Define the term: Writ of Certiorari

Answer 13

A formal request to have your case heard by the Supreme Court

Question 14

Define the term: Majority Opinion

Answer 14

The opinion written by the Supreme Court that gives the reasoning behind the decision of the “winning” side

Question 15

Define the term: Dissenting Opinion

Answer 15

The opinion written by the Supreme Court that gives the reasoning behind why justices voted for the “losing” side

Question 16

Define the term: Judicial Review

Answer 16

The ability of the courts to determine whether executive action, or legislation from congress violates constitutional rules

Question 17

Define the term: Judicial Activism

Answer 17

The view that the Constitution needs to be interpreted and applied in light of recent and modern events that the founders could not have envisioned.

Question 18

Define the term: Judicial Restraint

Answer 18

The view that the Constitution is limited to the original intent of the document, and any changes need to be done through the amendment process given in the constitution itself

Question 19

Define the term: What is the significance of Marbury V Madison?

Answer 19

Established the doctrine of Judicial Review

Question 20

Define the term: Establishment Clause

Answer 20

The clause in the 1st Amendment prohibiting the establishment of religion

Question 21

Define the term: Free exercise clause

Answer 21

The clause in the 1st Amendment that allows people to believe what they with and act on that belief

Question 22

Define the term: Lemon V Kurtzman

Answer 22

Established the “Lemon Test”

1. Secular Legislative Purpose
2. Cannot advance or inhibit religion
3. Cannot foster an excessive entanglement with religion

Question 23

What are the limitations to free speech

Answer 23

Speech that:
Threatens public safety
Threatens to overthrow the Govt.
Intends to damage a persons reputation or property
Is obscene

Summarized: Anything that presents a clear and present danger

Question 24

What are the 4 parts of Substantive due process?

Answer 24

Free Speech, Free Press, Freedom of association, Privacy

Question 25

What are the 4 parts of Procedural Due Process?

Answer 25

Right to fair trial, Presence at your own trial, Taxes are only for public use, Miranda rights

Question 26

What comes along with rights?

Answer 26

Duties

Question 27

What are the duties that come along with our rights?

Answer 27

Obeying laws
Paying Taxes
Serving on a jury
Being informed when voting
Protecting rights and liberties of others when able