Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

52 Cards in this Set

  • Front
  • Back
What are the 5 freedoms?
What are the powers in the Bill of Rights?
2. right to bear arms
3. limits quartering troops
4. limits search warrants
What are the rights of the accused in the Bill of Rights?
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
What is the Ninth Amendment?
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.
What is the Tenth Amendment?
It lists the powers reserved for the states and people.
What are some limits to the First Amendment?
-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)
What are the Civil War Amendments?
13. Freed slaves
14. guarantees citizenship, due process and equal protection under law
15. Suffrage for African American men
What are the Voting/Election Amendments?
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)
Difference between criminal cases and civil cases?
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
the authority to hear and decide a case
inferior courts
courts of lower authority
What kind of cases do state courts hear?
Criminal and civil cases, and majority of legal arguments
(lawsuit) complaint one party makes to the court about the accused party
When do federal courts have jurisdiction?
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
exclusive jurisdiction
only federal courts may hear and decide cases
concurrent jurisdiction
state and federal courts share jurisdiction
District courts
-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
original jurisdiction
authority to hear cases for the 1st time
district court judges
-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
official who issues court orders and hears preliminary evidence in a case to determine whether case should be brought to trial
US attorney
-govt.’s lawyer
-proves that a suspect has committed a crime
-Represents govt. in civil cases where govt. is involved
US Marshal
district court officer who arrests suspects, delivers defendants to court, and serves people w/subpoenas

appointed by President w/Senate approval
court order requiring someone to appear in court
Courts of appeal
-courts above district courts in federal court system
-appellate jurisdiction
-to lessen the amount of appeals sent to S. Court
-jurisdiction over a circuit
appellate jurisdiction
hear only cases that come to them on appeal from lower district courts or federal regulatory agencies
particular geographical area
appeals court case
-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
What are some examples of special courts, and what are their jobs?
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
court martial
trial before a panel of military officers
What cases do the S. court hear?
-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
Judicial review
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
(in conflict w/ Constitution)
Marbury vs. Madison
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
How can the Leg. Branch get around S. Court decisions?
-changing law so it isnt in conflict w/ Constitution
-makean amendment that changes Constitution
S. Court Justices
-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)
calendar saying when a case will be held
opposing sides
How does S. Court get cases?
-from lower courts
-appeals by request for a writ of certiorari
writ of certiorari
to make more certain
Majority opinion
opinion written by an associative justice who voted with the majority
Concurring opinion
opinion written by a justice who agrees w/majority decision but for different reasons
Dissenting opinion
opinion written by a justice who opposes the majority decision
Search warrant
legal document that allows law enforcement officials to search a suspect' property to take items they can use as evidence in court
act of being formally accused of a crime by a grand jury
Double jeopardy
once acquitted no one can be charged for same crime twice
Due process of law
procedures established by law and guaranteed by the Constitution
Eminent domain
right of government to take private property for public use
money paid to the court by accused person to guarantee that he/she will appear for trial
criminal act of lying about another person to harm that person’s reputation
an act that endangers one’s country or gives assistance to its enemies
formal request for government action
Poll tax
sum of money paid in exchange for the right to vote