Judicial System

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Jurisdiction

Back 1

The authority to hear certain cases.

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Original Jurisdiction

Back 2

The court in which a case is originally tried.

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Concurrent Jurisdiction

Back 3

When federal and state courts have jurisdiction.

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Appellate Jurisdiction

Back 4

The power of a higher court to review decisions and change outcomes of decisions of lower courts.

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Litigants

Back 5

People engaged in a lawsuit.

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Grand Jury

Back 6

16 to 23 people that hear evidence and determine whether or not a person should be put on trial for a felony.

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Due Process Clause

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No state may deprive any person of life, liberty, or property without the due process of law. (5th Amendment)

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Thurgood Marshall

Back 8

First African-American to serve as a Supreme Court Justice.

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Sandra Day O’Connor

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First woman to serve as a Supreme Court Justice.

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District Courts

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Trial court for criminal and civil federal cases. The United States has 94 district courts with each state having at least one and have original jurisdiction.

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Petit Jury

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6 or 12 people that will decide innocence or guilt in a criminal case or may decide who wins a lawsuit.

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Precedent

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A model on which to base other decisions in similar cases. A case becomes a precedent if it interprets the constitution.

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Amicus Curiae

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Briefs that come from individuals, interest groups, or government agencies claiming to have information useful to the courts consideration of the case.

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Stare Decisis

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The idea that the courts should be very cautious and hesitant before overturning a precedent.

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Opinion

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A judge’s explanation for the decision of the case and may also include instructions.

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Dissenting Opinion

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The judges on the losing side that disagree with the majority and express why.

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United States Marshal

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Police officers assigned to federal courts to keep order and peace.

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Judicial Circuits

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There are 12 judicial circuits in the United States with each having one appellate court assigned to it. The United States is in the ninth judicial circuit.

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Legislative Courts

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Courts that were created to help Congress.

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Constitutional Courts

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Courts that were created by Congress to take pressure off the Supreme Court.

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Marbury v. Madison 1801

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Supreme court decision where the court declared its power of judicial review. The supreme court can review laws and actions of the government to see if they violate the Constitution.

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Plessy v. Ferguson 1896

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Established the ‘separate but equal’ doctrine which held that if facilities for both races were equal they could be separate.

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Gideon v. Wainwright 1963

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Gideon was arrested for a burglary. The Supreme Court didn’t allow him to have a lawyer. It violated the 6th and 14th amendment. Declared that any person charged with a felony crime who cannot afford an attorney will be given one.

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Gregg v. Georgia 1976

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The court ruled that the death penalty does not constitute cruel and unusual punishment. It cannot involve the wanted inflection of pain and must be suitable to the most extreme of crimes. (8th amendment) [D.O: ‘Death penalty does not prevent crime and revenge is not a reason to punish somebody.’]

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Sheppard v. Maxwell 1966

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Sheppard was convicted of killing his wife and news reporters called him guilty even before the trial started. The Supreme Court ruled that the press interfered with Sheppard’s right to a fair trial. (5th v. 1st & 6th)

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Mirandav. Arizona 1966

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A case that established law Enforcement officers to read suspects their rights after arrest and before interrogation. [D.O: ‘Use people’s ignorance against them’] (5th & 6th)

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Regents of the University of California v. Bakke 1978

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Bakke claimed to have been refused admission to the university of California medical school because he was white. The court ruled racial quotas unconstitutional and in violation of the 1964 civil rights act. (14th)

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Brown v. Board of Education Topeka 1954

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Supreme court decision that de-segregated K-12 public schools.

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Miller v. California 1973

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A man who mailed out to the community an advertisement that had sexual material for commercial purposes. A community should set their own standards for obscenity. (1st)

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Tinker v. Des Moines 1969

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Kids wearing arm bands in protest of war. The Supreme Court made it clear that students do not give up all their rights to free speech while in high school. Schools can limit speech, but have to demonstrate that their speech is going to disturb the school or put people in danger.