Gov Test

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The National Judiciary

Back 1

“the Judicial power of the US shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time t time ordain and establish.”

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Jurisdiction

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authority of the courts to hear certain cases 管轄權

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Exclusive Jurisdiction

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cases that can only be heard in the Federal courts 專屬

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Concurrent Jurisdiction

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a shared power to hear cases 並行

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Original Jurisdiction

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the court where a suit is heard first 原轄

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Appellate Jurisdiction

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a court that hears an appeal to a lower court’s decision 上訴

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Plaintiff

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claiming harm is being done 原告

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Defendant

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causing the harm 被告

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Supreme Court Jurisdiction

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1. Most cases come on appeals.

2. Original Jurisdiction

a. Those to which a state is aparty

b. Those affecting Ambassadors,other public ministers and consuls.

3. Original and ExclusiveJurisdiction

a. All controversies involving twoor more states

b. All cases brought againstambassadors or other public ministers, but no consuls

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Appointment

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the president shall appoint supreme courtjustices with senate confirmation and congress appoints all other federaljustices.

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Judicial Restraint

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using the constitution to make judgements

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Judicial Activism

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using life/personal experience to make judgements

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Judicial Terms and Pay

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Serve for life

Congressional determined salary

Generous retirement

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Dual Court System

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Federal Courts:

1. SupremeCourt: created by theconstitution 2. Inferior Courts: created by congress

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Inferior Courts

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a. Constitutional Courts:

1. 94 district courts

2. Us court of appeals for thefederal circuit

3. 12 US courts of appeal

4. US court of international trade

b. Special Courts:

1. the court of federalclaims: hold hearingclaims for damages against the federal gov.

2. territorial courts: a court in an administrative territory of theUnited States that has local and federal jurisdiction

3. court of appeals forthe armed forces:

a. Martial: special disciplinary needs ofthe Armed Services that are not part of the federal government

b. Military commissions: under the defense department,structure to try enemy combatants4. Court of Appeals forVeterans Claims:cases in which individuals claim that the Veterans Affairs has denied orotherwise mishandled valid claims for veterans’ benefits.

5. United States Tax Court: hears civil not criminal casesinvolving disputes over the application of tax laws.

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The DistrictCourts

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FederalDistrict Courts

FederalCourt of Appeals

Court of International Trade

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Federal District Courts

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94 district courts

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Grand Jury

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is anywhere to 12 to 30 people trying tolisten the evidence in a trial.

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Petit Jury

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12 people, determined where one is guiltyor not guilty

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Criminal Case

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punishable by crime.

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Civil Case

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punishable by crime.

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payment of money

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Ask to pay

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FederalCourt of Appeals

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A court of appeals decides appeals from the district courtswithin its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.

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Court of International Trade

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if we were working with other countries.

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Judicial review

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the supreme court has authority to rule on theconstitution

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Writ of Certiorari

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an order from the court to have the lowercourt send its record for further review.

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How the court Operates:

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1. Oral arguments

2. Briefs

3. Conference

4. Opinions

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Opinions

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a. MajorityOpinion: usually written by chief justice

b. Precedents: any court case that has agree everyone has to follow

c. ConcurringOpinions: agree but part of disagree. But doesn’tchange your decision

d. DissentingOpinions: disagree

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Civil Liberties

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secures the safety of people, opinions andproperty from the government

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Civil Rights

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the government’s actions for ensuring constitutionalprotection for all people.

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Limited the Government:

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1. Rights are relative, not absolute.

2. Equality for all persons.

3. Bill of Rights.

4. 14th Amendments’ Due Process clause.

5. 9th Amendment.

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Guarantees of Religious Freedom: 1stamendment ensures “free trade in ideas”.

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1. Prohibits an “establishment of religion” or Establishment Clause

2. “the free exercise” of religion or the Free Exercise Clause.

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The establishment clause creates a “wall ofseparation between church and state.

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Public education

Seasonal displays

Chaplains

Ten commandments

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Free Exercise

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beliefs with limits

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Free Expression:

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1. A guarantee to each person aright of expression, in spoken and the written words, and by all other means ofcommunication;

2. A guarantee to all persons afull, wide ranging discussion in public affairs.

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Libel

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false or malicious use of printed word.

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Slander

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False or malicious use ofspoken word

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Sedition

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a crime of attempting tooverthrow the government by force or disrupting lawful activities.

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Obscenity

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Appeals

Depicts

Lack of literary, artistic, political, or scientific value

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PriorRestraint

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a restriction Placed on thegovernment of spoken or written word before it is made.

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Symbolic Speech

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communication of ideas byconduct

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Due Process

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government must act fairly and in accordwith established rules.

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5th Amendment

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government cannot deprive anyperson of “life, liberty, or property, without due process of law”.

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14th Amendment

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places the same restrictionon the states and local governments

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The Police Power

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authority of a state toprotect and promote public health, safety, morals and general welfare.

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Substantive Due Process

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the how of governmental action

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Procedural Due Process

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the what of governmental action

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Search Warrant

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a court order authorizing a search.

Promote health

PromoteSafety

PromoteMorals

Promotegeneral Welfare

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The Right to Privacy

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constitutional guarantee of due process “theright to be free except in very limited circumstance, from unwantedgovernmental intrusions into one’s privacy.

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Servitude:

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13thamendment

Section1: Forbidsinvoluntary servitude with the exception of “duty”

Section 2: Abolished Slavery and gavecongress the power to abolish “the badges and incidents of slavery

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The right to keep and Bear Arms

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2n Amendment: right of each state to keep a militia.

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Security of Home and Person

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3rd Amendment: is giving rights toyour home. No responsibility to take care of troops

4th Amendment:

1. Writs of Assistance

2. Probable cause: a reasonable suspicion of crime.

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Probable Cause

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a reasonable suspicion of crime.

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Exclusionary Rule

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Evidence gained from an illegal seizure that cannot beused in a trial

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Writ of Habeas Corpus

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the “writ of liberty”, order that anofficer holding a prisoner must prove reason for holding.

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Bills of Attainder

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legislative act that gives a punishment without atrial

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Ex Post Facto Law

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1. Criminal law defining a crime or providing for its punishment

2. Applies to an act committed before its passage

3. Works to the disadvantage of the accused

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5th Amendment

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Grand Jury

Indictment

Double Jeopardy

Self-Incrimination

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Grand Jury

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formal process that determines if there is enough evidence for a trial

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Indictment

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a formal accusation of acommitted a criminal offense by a prosecutor before a grand jury.

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Double Jeopardy

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cannot be tried for the same crime twice

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Self-Incrimination

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do not have to talk. Right to remain silence

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Bench Trial

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is when youdon’t go against the jury but the judge

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Right to Adequate Defense

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Informed of accusation

Confronted with witnesses against him Obtaining witnesses in his favor

Assistance of counsel for his defense

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Bail

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amount of money the accused may post thatinsures they will appear in court. (8th)

A person should not be jailed until guilt is established

Defendants are better able to prepare for trial outside of jail

Preventative detention: held without bail

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Cruel and Unusual Punishment: (8th and 14th)

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Capital Punishment

Treason

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Capital Punishment

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up to each state to death penalty

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Treason

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don’t want to takes away people right.