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52 Cards in this Set
- Front
- Back
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What are the 5 freedoms?
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Religion
Assembly Press Petition Speech |
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What are the powers in the Bill of Rights?
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2. right to bear arms
3. limits quartering troops 4. limits search warrants |
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What are the rights of the accused in the Bill of Rights?
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5. rights of a person accused of a crime (Miranda rights)
6. right to speedy trial 7. right to jury in civil cases 8. no unfair or unusual punishment |
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What is the Ninth Amendment?
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It is the "catch-all" of the Bill of Rights. It states that the rights stated in the Constitution are not the only rights given to the citizens.
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What is the Tenth Amendment?
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It lists the powers reserved for the states and people.
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What are some limits to the First Amendment?
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-No slander (lies intended to destroy a person's reputation)
-No libel (written slander) -No treason (telling govt secret's that could endanger the country) |
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What are the Civil War Amendments?
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13. Freed slaves
14. guarantees citizenship, due process and equal protection under law 15. Suffrage for African American men |
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What are the Voting/Election Amendments?
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17. Changed the method by which senators were elected so the people would elect and be more involved
19. Suffrage for women 23. Gave DC write to vote in Presidential elections 24. Said poll tax is unconstitutional (Progressives") 26. Changed voting age from 21 to 18 (Vietnam War) |
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Difference between criminal cases and civil cases?
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Criminal cases – cases in which juries decide whether people have committed crimes
Civil cases – cases in which two sides disagree over some issue and one of the parties sues or takes legal action against other |
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jurisdiction
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the authority to hear and decide a case
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inferior courts
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courts of lower authority
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What kind of cases do state courts hear?
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Criminal and civil cases, and majority of legal arguments
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suit
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(lawsuit) complaint one party makes to the court about the accused party
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When do federal courts have jurisdiction?
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a. if someone feels that a constitutional right has been violated
b. felonies committed c. When crimes occur at sea (want buried treasure) d. Disputes in which the US govt. is involved (i.e. suing govt. or vice versa) e. Controversies between states f. Controversies between citizens of different states g. Disputes involving foreign govts. h. US ambassadors, ministers, and consuls serving in foreign countries |
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exclusive jurisdiction
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only federal courts may hear and decide cases
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concurrent jurisdiction
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state and federal courts share jurisdiction
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District courts
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-federal courts where trials are held and lawsuits are begun
-Must be heard there before it can be heard in an appeals court or the S. Court -Each has jurisdiction over specific area or district |
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original jurisdiction
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authority to hear cases for the 1st time
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district court judges
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-At least 2 per district court
-decide on procedures to be followed in court -Explain law involved in a case to jury -Decide punishment or fine when jury finds defendant guilty -Appointed by President and for life -Can’t be removed from office w/o a reason or punished w/reduction of salary, making judiciary independent |
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magistrate
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official who issues court orders and hears preliminary evidence in a case to determine whether case should be brought to trial
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US attorney
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-govt.’s lawyer
-proves that a suspect has committed a crime -Represents govt. in civil cases where govt. is involved |
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US Marshal
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district court officer who arrests suspects, delivers defendants to court, and serves people w/subpoenas
appointed by President w/Senate approval |
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subpoena
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court order requiring someone to appear in court
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Courts of appeal
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-courts above district courts in federal court system
-appellate jurisdiction -to lessen the amount of appeals sent to S. Court -jurisdiction over a circuit |
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appellate jurisdiction
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hear only cases that come to them on appeal from lower district courts or federal regulatory agencies
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circuit
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particular geographical area
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appeals court case
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-panel of 3+ judges
-hear argument from attorneys for each side and reviews lower court trial records -Don’t decide on guilt or innocence of defendant but on whether defendant’s rights have been protected and on whether he/she received fair trial Panel can make one of 3 rulings: ---uphold lower court’s verdict ---overturn lower court’s decision ---remand (return) case to lower court for new trial -decision may be appealed to S. Court which decides whether or not to hear trial |
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What are some examples of special courts, and what are their jobs?
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US Tax Court
-Hears appeals dealing w/federal tax laws US Court of Federal Claims -Hears cases of citizens who sue the govt. for money claims US Court of Military Appeals -For armed forces when people in the service are accused of breaking a federal or military law -Tried at a court martial US Court of International Trade -Hears disputes arising from tariff and trade laws |
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court martial
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trial before a panel of military officers
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What cases do the S. court hear?
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-original jurisdiction over trials in which diplomats from foreign countries are involved or one in which a state is involved
-appellate jurisdiction over all other cases -hears appeals only in cases that poses significant legal or constitutional questions or are of great public interest and concern |
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Judicial review
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power that Court can review any federal or state agreement w/ Constitution and if it isnt, Court can nullify (cancel) that law or action
-not in Constitution -check to Leg and Exec branches by preventing them from straying too far from Constitution when making and carrying out new laws |
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unconstitutional
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(in conflict w/ Constitution)
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Marbury vs. Madison
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On last night as President, John Adams signed order making William Marbury a justice of peace, but when Thomas Jefferson took office the next day he told Sec of State, Madison, not to carry out Adam’s order
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How can the Leg. Branch get around S. Court decisions?
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-changing law so it isnt in conflict w/ Constitution
-makean amendment that changes Constitution |
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S. Court Justices
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-chief justice and 8 associates
-serve for life -Const says President can appoint S. Court justice with consent of the Senate (and it usually approves) |
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docket
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calendar saying when a case will be held
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adversaries
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opposing sides
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How does S. Court get cases?
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-from lower courts
-appeals by request for a writ of certiorari |
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writ of certiorari
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to make more certain
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Majority opinion
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opinion written by an associative justice who voted with the majority
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Concurring opinion
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opinion written by a justice who agrees w/majority decision but for different reasons
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Dissenting opinion
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opinion written by a justice who opposes the majority decision
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Search warrant
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legal document that allows law enforcement officials to search a suspect' property to take items they can use as evidence in court
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Indict
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act of being formally accused of a crime by a grand jury
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Double jeopardy
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once acquitted no one can be charged for same crime twice
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Due process of law
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procedures established by law and guaranteed by the Constitution
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Eminent domain
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right of government to take private property for public use
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Bail
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money paid to the court by accused person to guarantee that he/she will appear for trial
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Slander
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criminal act of lying about another person to harm that person’s reputation
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Treason
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an act that endangers one’s country or gives assistance to its enemies
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Petition
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formal request for government action
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Poll tax
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sum of money paid in exchange for the right to vote
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