Civics final 2023

Ten Commandments

the most well-known legal rules found in the Bible; four of them became enduring features of most secular law, namely those that prohibit murder, adultery, theft, and the giving of false testimony against one's neighbor; four others are purely religious mandates (worship no other gods; do not make or bow down to any idols; do not misuse God's name; keep the Sabbath holy); and two state social ideals more than precise legal rules (honor your father and mother; do not covet your neighbor's house, wife, servant, ox, or donkey). One of the courses of law for the ancient Israelites. Model law of God.

The First Judges

"Moses' father-in-law said to him: ...You should also look for able men among all the people, men who fear God, are trustworthy, and hate dishonest gain; set such men over them as officers... Let them sit as judges for the people at all times; let them bring every important case to you, but decide every minor case themselves... So Moses...chose able men from all Israel" (Exodus 18:17-24)

Truthful and Just Testimony

"Do not spread false reports. Do not help a guilty person by being a malicious witness... When you give testimony in a lawsuit, do not pervert justice by siding with the crowd, and do not show favoritism to a poor person in a lawsuit... Do not deny justice to your poor people in their lawsuits. Have nothing to do with a false charge... Do not accept a bribe, for a bribe blinds those who see and twists the words of the innocent. Do not oppress a foreigner" (Exodus 23:1-9)

Judging Fairly

"Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly" (Leviticus 19:15), "Appoint judges and officials...[who] shall judge the people fairly. Do not pervert justice or show partiality. Do not accept a bribe, for a bribe blinds the eyes of the wise and twists the words of the innocent. Follow justice and justice alone" (Deuteronomy 16:18-20), "The wicked accept bribes in secret to pervert the course of justice" (Proverbs 17:23)

Number of Witnesses

"One witness is not enough to convict anyone accused of any crime or offense they may have committed. A matter must be established by the testimony of two or three witnesses" (Deuteronomy 19:15), "But if they will not listen, take one or two others along, so that 'every matter may be established by the testimony of two or three witnesses'" (Matthew 18:16)

Avoiding Lawsuits and False Testimony (Old Testimony)

"Do not go hastily to court, for what will you do in the end, if your neighbor puts you to shame? If you take your neighbor to court, do not betray another's confidence, or the one who hears it may shame you and the charge against you will stand. Like apples of gold in settings of silver is a ruling rightly given. Like an earring of gold or an ornament of fine gold is the rebuke of a wise judge to a listening ear...Like a club or a sword or a sharp arrow is one who gives false testimony against a neighbor" (Proverbs 25:8-12, 18)

Avoiding Lawsuits (New Testament)

"If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord's people? Or do you not know that the Lord's people will judge the world? ...But instead, one brother takes another to court—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers and sisters. Or do you not know that wrongdoers will not inherit the kingdom of God?" (1 Corinthians 6:1-9)

God Appoints Rulers

"Samuel took the horn of oil and anointed him in the midst of his brothers; and the Spirit of the Lord came mightily upon David from that day forward" (1 Samuel 16:3). "When all the elders of Israel had come to King David at Hebron, the king made a covenant with them at Hebron before the Lord, and they anointed David king over Israel" (2 Samuel 5:3), "I have found David my servant; with my holy oil I have anointed him" (Psalm 89.20), "By me kings reign and rulers issue decrees that are just; by me princes govern, and nobles—all who rule on earth" (Proverbs 8:15-16)

Subjection to Authority

"Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted... For rulers hold no terror for those who do right, but for those who do wrong... For the one in authority is God's servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God's servants, agents of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience. This is also why you pay taxes, for the authorities are God's servants" (Romans 13:1-6)

Law is for Lawbreakers

"We know that the law is good if one uses it properly. We also know that the law is made not for the righteous but for lawbreakers and rebels, the ungodly and sinful, the unholy and irreligious, for those who kill their fathers or mothers, for murderers, for the sexually immoral, for those practicing homosexuality, for slave traders and liars and perjurers—and for whatever else is contrary to the sound doctrine" (1 Timothy 1:8-10)

Equality

"For by one Spirit we were all baptized into one body, whether Jews or Greeks, whether slaves or free, and we were all made to drink of one Spirit" (1 Corinthians 12:13), "So in Christ Jesus you are all children of God through faith... There is neither Jew nor Greek, there is neither slave nor free man, there is neither male nor female; for you are all one in Christ Jesus" (Galatians 3:26-28), "[In this new life] there is no distinction between Greek and Jew, circumcised and uncircumcised, barbarian, Scythian, slave and freeman, but Christ is all, and in all" (Colossians 3:11)

Law

the set of rules and standards by which a society governs itself; in a democratic society it resolves conflicts between and among individuals and groups and protects individuals from government power; it defines criminal acts and determines punishments for them

Code of Hammurabi

the most well-known of early written laws; laws collected by Hammurabi, King of Babylonia from 1792 to 1750 B.C.; categorized crimes and provided 282 examples and their punishments ("Eye for an eye, tooth for a tooth")

Rule of law

no individual group, organization, or government entity is above the law

Judicial review

the power of the courts to review actions and decisions made by other agencies of government to determine whether such actions are consistent with the constitution

Criminal Trial Court

court that hears cases about crimes like burglary, murder, or driving under the influence where the punishment is a fine, incarceration, or death; can be federal trial courts (US District Courts) or state trial courts

Civil Trial Courts

courts that hear cases where one person or group thinks another person or group should pay for causing harm where punishment is monetary damages; can be federal trial courts (US District Courts) or state trial courts

Original jurisdiction

the authority of a trial court to be the first to hear a case

Appellate jurisdiction

The power of a higher court to hear appeals from a lower court

Plaintiff

party accusing someone of causing damage in a civil trial

Prosecution

the government serves as this in a criminal trial and initiates the case

Defendant

the party responding to the plaintiff (in civil trials) or prosecution (in criminal trials)

Jury

a group of citizens who are sworn to give a verdict based on evidence presented to them in a court

Judiciary Act of 1789

It established lower Level courts rather than just the Supreme Court. Established the judicial system in the US.

Number of federal judicial districts

94

The federal circuit North Carolina is in

4

Number of circuit courts (federal courts of appeals)

12

levels of the federal judiciary

district courts where federal cases are tried, witnesses testify, and evidence and arguments are presented, then the US court of appeals or circuit courts, where a losing party who is unhappy with a district court decision may appeal

Circuit Court of Appeals

divided up into regions, hears cases appealed from district courts

John Jay

first chief justice of the Supreme Court, an author of the Federalist Papers

John Marshall

fourth chief justice of the Supreme Court, credited with defining the modern court, clarifying its power, and strengthening its role

How the legislative checks judicial branch

Judicial interprets laws but the senate confirms the presidents nomination.

how the executive branch can check the judicial branch

appoints judges and can pardon those convicted of federal crimes

Dual court system

Courts at both the national and state level

two primary pathways cases heard by SCOTUS come from

from circuit courts or US court of appeals (after cases have originated in federal district courts) and state supreme courts (when case raises a substantive federal question)

What is the final court of appeals?

The Supreme Court

Where are a majority of the cases heard?

State level

Any case has the potential to make it to the federal courts if it invokes...

The US constitution or federal law

current ideological leaning of the Supreme Court

6 conservative - 3 liberal

Precedent

a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts or similar legal issues

Stare decisis

the doctrine that courts will adhere to precedent in making their decisions means "to stand by things decided"

Majority opinion

a court opinion reflecting the views of the majority of the judges

Concurring opinion

a statement written by a justice who votes with the majority, but for different reasons

Dissenting opinion

An opinion disagreeing with a majority in a Supreme Court ruling.

Judicial restraint

States that think the courts should avoid deciding to overturn cases that would undo acts of other branches

Judicial activism

They say the courts can and should go beyond the applicable laws

Originalism

A theory of the interpretation of legal texts, including the constitution

Living constitution

They believe that the meaning of the constitution changes over time

Factors that have been found to affect SCOTUS decision making

special-interest pressure, the leverage of elected or other public officials, mass media, general public

One POSITIVE and one NEGITIVE of the aspect of lifetime term of office for judges and justices in the federal court system

They don't need to worry about re-election so they're more genuine. But if the president nominates lots of judges from their party that would be bad for the next president.

1st amendment

Freedom of Religion, Assembly, Press, Petition, and Speech (RAPPS)

2nd amendment

The right to keep and bear arms

3rd amendment

soldiers cannot be quartered in homes without the permission of the owner

4th amendment

protects against unreasonable search and seizure

5th amendment

cannot be tried for a capital crime without the indictment of a grand jury, double jeopardy, self incrimination, due process of law, compensation for the seizure of private property

6th amendment

right to a speedy, public trial, impartial jury, to be informed of charges, confront witnesses, to have assistance of counsel

7th amendment

right to trial by jury in civil cases

8th amendment

no excessive bail or fines, no cruel and unusual punishments

9th amendment

citizens may be entitled to more rights than are guaranteed in the Constitution

10th amendment

powers not given to the people or prohibited from them in the Constitution are decided by each individual state

11th amendment

federal courts cannot hear certain lawsuits against states

12th amendment

created a separate election for president and vice president, modified electoral college

13th amendment

abolished slavery

14th amendment

all people born in the US or who have become citizens are citizens, right to due process, equal protection, abolished 3/5 compromise, cannot serve in government if you betrayed the US after an oath, Union won't pay confederate debts

15th amendment

cannot be denied the right to vote based on race, color, or previous servitude

16th amendment

Congress can lay taxes on income

17th amendment

senators are directly elected by the people

18th amendment

banned manufacture, sale, and transportation of liquor

19th amendment

woman's suffrage (gave women the right to vote)

20th amendment

changed the start of terms for the President and VP and the time Congress convened from March to January

21st amendment

repealed prohibition

22nd amendment

president can only serve two terms

23rd amendment

DC gets the number of electoral college votes equal to the least populous state's votes

24th amendment

cannot be required to pay to vote

25th amendment

if the VP becomes president, they have to name a new president

26th amendment

voting age lowered from 21 to 18

27th amendment

laws changing salaries of members of Congress will not take effect until the new term

what Marbury v. Madison established

judicial review (power of the Court to declare a law or action based upon that law unconstitutional), first time the Supreme Court declared an action by Congress unconstitutional

what Dred Scott v. Sanford ruled

a slave who had resided in a free state and territory was still a slave (African Americans were not and could never be citizens of the United States, the Missouri Compromise was unconstitutional)

what Plessy v. Ferguson ruled

separate but equal accommodations for black and white people are constitutional

what Weeks v. US ruled

the exclusionary rule prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used as evidence in a court of law

what Brown v. Board of Education of Topeka ruled

racial segregation in schools is unconstitutional, "separate but equal" facilities are inherently unequal

what Mapp v. Ohio ruled

the exclusionary rule applied to state courts

what Engel v. Vitale ruled

school prayer in public schools violates the Establishment Clause of the First Amendment

what Gideon v. Wainwright ruled

the Sixth Amendment rights (an attorney being appointed if a defendant cannot afford one) applied to felony defendants in state courts, not just capital defendants

what Miranda v. Arizona ruled

the Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and obtain an attorney during interrogations while in police custody (Miranda Rights)

what Roe v. Wade ruled

a woman's decision to have an abortion fell within the right to privacy

what District of Columbia v. Heller ruled

the 2nd amendment protects an individual's right to possess a firearm connected with service in a militia and to use it for traditionally lawful purposes such as self-defense within the home

what Obergefell v. Hodges ruled

the Fourteenth Amendment requires a state to license a marriage between two people of the same sex with all the accompanying rights and responsibilities and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state

what Dobbs (Mississippi Dept. of Health) v. Jackson Women's Health Organization ruled

the Constitution does not confer a right to abortion, gave individual states the power to regulate any aspect of abortion not protected by federal law

John G. Roberts

Chief Justice; appointed by George W. Bush; conservative

Clarence Thomas

appointed by George H. W. Bush; conservative

Samuel Alito

appointed by George W. Bush; conservative

Sonia Sotomayor

appointed by Obama; liberal

Elena Kagan

appointed by Obama; liberal

Neil Gorsuch

appointed by Trump; conservative

Brett M. Kavanaugh

appointed by Donald Trump; conservative

Amy Coney Barett

appointed by Donald Trump; conservative

Ketanji Brown Jackson

appointed by Joe Biden; liberal

political party

a group of citizens who want to influence government by getting the candidate of their choice elected; nominates candidates that share their views on major issues, campaign to get them elected to public office, bring important issues to the public's attention