Unit 6

Question 1

Concurring Opinion

Answer 1

When a Supreme Court justice writes a concurring opinion, it signals he agrees with the ultimate decision made by the majority of the court, but not with the reasons the decision was reached. The justice writes his own rationale for the final decision, shining a light on another viewpoint.

Question 2

Judicial Review

Answer 2

the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution.

Question 3

Arrest

Answer 3

An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant.

Question 4

Hearing

Answer 4

Any proceeding before a judge or other qualified hearing officer without a jury, in which evidence and argument is presented to determine some issue of fact or both issues of fact and law.

Question 5

Indictment

Answer 5

they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them.

Question 6

Arraignment

Answer 6

The first step in criminal proceedings where the defendant is brought in front of the court to hear the charges and enter a plea.

Question 7

Plea bargain

Answer 7

usually involves the defendant pleading guilty to a lesser charge, or to only one of several charges. The judge, however, is not bound to follow the prosecution’s recommendation.

Question 8

Juvenile law

Answer 8

An area of the law that deals with the actions and well-being of persons who are not yet adults. In most states and on the federal level, this age threshold is set at 18 years

Question 9

Supreme Court Justice

Answer 9

The Supreme Court of the United States is the highest court in the country, and it leads the federal judiciary. The Supreme Court justices are chosen by the President of the United States and confirmed by the Senate.

Question 10

Chief Justice

Answer 10

the presiding judge in the Supreme Court of the United States, and the highest judicial officer of the nation. The chief justice is appointed by the president with the advice and consent of the Senate and has life tenure.

Question 11

Miranda v. Arizona

Answer 11

The Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

Question 12

Gideon v. Wainwright

Answer 12

the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. The case began with the 1961 arrest of Clarence Earl Gideon.

Question 13

NJ v. TLO

Answer 13

public school administrators can search a student’s belongings if they have a reasonable suspicion of criminal activity

Question 14

Escobedo v. Illinois

Answer 14

a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.

Question 15

What types of cases are traditionally heard in the Federal Court system?

Answer 15

Federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.

Question 16

What is original jurisdiction and what levels of the courts typically have it?

Answer 16

The term literally means a lawsuit that is filed directly in the Supreme Court with no prior trial or appeal in lower courts

Original jurisdiction is the power of a court to hear and decide a case before it has been heard and decided by any lower court. In other words, it is a court’s power to hear and decide a case before any appellate review.

Supreme courts have limited original jurisdiction, and District Courts have original jurisdiction over most cases, Courts of Appeal have no original jurisdiction.
Example: a family law court has the authority to hear a child custody case, but not to hear a burglary case. Therefore, the family law court has original jurisdiction.

Question 17

Why are our Miranda Rights important to due process?

Answer 17

Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part.

Question 18

Who determines a verdict in a case? Why is this important?

Answer 18

This consistent, predictable system also helps us to have confidence in the rulings of the judge and jury. In federal court, the jury decides the verdict. It’s the judge’s job to act as referee, ruling on issues of law before and during the trial.

Question 19

What is the overall goal of decisions made in juvenile courts/law? Civil and criminal

Answer 19

Civil cases: custody, rights, injury

Criminal cases: Neglect, Delinquency

Question 20

Who is involved in juvenile courts? What differences exist between adult trials and juvenile trials?

Answer 20

Special courts, officers, and lawyers

Closed to public, records sealed, no jury
Can start with a petition by school or parent
Punishment focused on rehabilitation
Stern lecture, special school, correctional facility
If neglect is found, court becomes guardian

Question 21

What is the overall purpose of the exclusionary rule?

Answer 21

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

Question 22

Why is the phrase ‘beyond reasonable doubt’ important to the justice system?

Answer 22

The prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

Question 23

How does the personal view or opinion of a Supreme Court judge potentially impact the outcome or decision of a case?

Answer 23

The oath further requires that judges disregard their personal opinions on social, political, and legal issues and scrupulously follow the law. Judicial impartiality demands that the rule of law prevail no matter how strongly a judge holds a personal view or how vehemently a judge disagrees with the law.

Question 24

Define judicial review and how it impacts the world today.

Answer 24

It serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.

plays an essential role in ensuring that each branch of government recognizes the limits of its own power. it protects civil rights and liberties by striking down laws that violate the Constitution.

Question 25

What type of jurisdiction is shared by federal and state courts?

Answer 25

Concurrent jurisdiction, where two or more courts from different systems simultaneously have jurisdiction over a specific case.

For example, a person who robs a bank may be tried and convicted in state court for robbery, then tried and convicted in federal court for the federal offense of robbery of a federally-chartered savings institution.

Question 26

Why might someone choose a plea bargain in a criminal case?

Answer 26

This could include; having money, getting out of jail, resolving the matter quickly, having fewer or less-serious offenses on one’s record, having a less socially stigmatizing offense on one’s record, avoiding hassles, avoiding publicity, keeping others out of the case.

Question 27

What is the difference between a plaintiff and defendant?

Answer 27

Plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued.

Question 28

What amendments are associated with citizens being charged with a crime?

Answer 28

The 5th Amendment requires that a citizen cannot be accused of a serious crime without a grand jury investigation. It also forbids double jeopardy.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Question 29

What is the name given to the first written law code?

Answer 29

The Hammurabi code of laws, a collection of 282 rules, established standards for commercial interactions and set fines and punishments to meet the requirements of justice.

Question 30

Why might a Supreme Court justice write a concurring opinion?

Answer 30

to add or emphasize a point that was not made in the majority opinion. The concurring opinions may bring the Supreme Court to modify its present stand in future cases.

Question 31

What level of the federal court system has final say over cases dealing with the rights of citizens?

Answer 31

The Supreme Court has jurisdiction over all cases brought in federal court, as well as those decided by a state supreme court on the basis of federal law.

Question 32

What is tort?

Answer 32

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers.

Question 33

Why is a tort a civil issue?

Answer 33

The law recognizes torts as civil wrongs and allows injured parties to recover for their losses. Injured parties may bring suit to recover damages in the form of monetary compensation or for an injunction, which compels a party to cease an activity.

Question 34

Why is it important for individuals to be innocent until proven guilty?

Answer 34

If accused individuals had to prove their innocence, it could lead to prosecutorial abuses and an abundance of charges the accused individual would have to disprove.

Question 35

Why are most civil cases settled outside of court?

Answer 35

In the majority of civil lawsuits, the defendant settles with the plaintiff because it is more economical to do so. A trial is always a risky proposition. With a settlement, the defendant knows how much they are going to lose.

Question 36

Why might the Supreme Court get involved in issues between two states?

Answer 36

The Supreme Court also has “original jurisdiction” in a very small number of cases arising out of disputes between States or between a State and the Federal Government.The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.