Mr. Scheffler's US Government Final

Marbury v Madison

this case establishes the Supreme Court's power of judicial review

McCulloch v Maryland

Supreme Court decision upholding the supremacy of the national government over the states and Wimplied powers

Wickard v. Filburn

Farmer growing too much wheat is taxed because it affects interstate commerce

Brown v. Board of Education

Court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place

Thurgood Marshall

American civil rights lawyer, first black justice on the Supreme Court of the United States.

Miranda v. Arizona

1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Identify and describe each part of a court briefing.

Know this!! Possible Essay Question!

Short answer - why did Hamilton believe that the Courts would be the least powerful of the three branches?

They had neither the power of the purse nor sword - explain what this means possible short essay question.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Constitutional Law

Be able to briefly describe what this means.

Administrative Law

Be able to briefly describe what this means.

Statutory Law

Be able to briefly describe what this means.

Criminal Law

Be able to briefly describe what this means.

Civil Law

Be able to briefly describe what this means.

felonies

serious crimes that are generally punishable by one year or more in prison

misdemeanors

less serious crime with a less severe penalty

negligence

failure to act with the prudence that a reasonable person would exercise under the same circumstances

Miranda Rights

Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)

Bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

Preliminary Hearing

a critical stage of criminal proceedings when it is determined if probable cause exists to believe a crime has been committed and that the defendant committed it

Indictment

formal words spoken or written by a jury that charge a person with a crime

Grand Jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

Arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty

Voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

peremptory challenge

the right of a lawyer during jury selection to have a potential juror dismissed without having to give a reason

sequestered

a jury that is kept separate from outside contact during a trial

subpoena

a writ issued by court authority to compel the attendance of a witness at a judicial proceeding

hung jury

a jury that is unable to agree on a verdict

probation

a sentence which releases a convicted person into the community under the supervision of a probation officer. Most common form of corrections.

parole

a conditional release from imprisonment that entitiles the person to serve the remainder of the sentence outside the prison as long as the terms of release are complied with.

Why is capital punishment controversial?

Possible short answer! Be able to give an argument for and against capital punishment and then give your own opinion using facts discussed in class.

How many district courts are there in Idaho?

7

How many Idaho Supreme Court Justices are there?

5

Magistrate Courts

courts that handle minor cases

Cases in which federal courts have jurisdiction?

Possible short answer! Know these!

How many US Circuit Court of Appeals are there?

13

What US Circuit Court of Appeals is Idaho in?

9th

Appeal

(law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial

Number of US Supreme Court Justices

9

Chief Justice of the United States

John Roberts

Who are the members of the US Supreme Court

Know this and their political leanings!

writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

Federalist paper 78

Hamilton argued that the judiciary must be empowered to strike down laws passed by Congress that it deems "contrary to the manifest tenor of the Constitution."

Describe the two Supreme Court cases that derived from the Scottsboro Boys incident and their impact on the American justice system.

Possible Essay question. Know this!!!

Interstate commerce clause

Constitutional provision that gives Congress power to regulate commerce "among the states."

neccesary and proper clause

Section of the constitution allowing congress to pass all laws "neccesary and proper" to its duties

strict constitutionalist v. a living constitution

know this! Possible essay question.

Dred Scott v. Sandford

slaves could not sue in federal courts (blacks no longer considered citizens), slaves could not be taken from masters except by the law, Missouri Compromise unconstitutional, Congress not able to prohibit slavery in a state

Plessy v. Ferguson

sumpreme court ruled that segregation public places facilities were legal as long as the facilites were equal

Northern Securities Company v. United States

Gave the power to the government to break up a monopoly

Muller v. Oregon

Supreme Court upheld Oregon state restrictions on the working hours of women as justified by the special state interest in protecting women's health.

Obergefell v. Hodges

Upholds same sex marriage via 14th amendment equal protection clause

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering

Loving v. Virginia

1967 court case that declared all laws against interracial marriage unconstitutional

West Coast Hotel v. Parrish

1937 - Supreme Court upheld the Washington state minimum wage statute. Led to wider regulation of business activities.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

What is Due Process? Where does it come from? What are the two types?

Possible essay question! Know this!

According to the courts, what is the difference between a liberty and a right?

Possible essay question. Know this!

Briefing a case

Be able to do this if I give you a Supreme Court majority opinion.