Judicial Branch

0.0(0)
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Get a hint
Hint
<p>Describe the process in which a person becomes a Supreme Court Justice</p>

Describe the process in which a person becomes a Supreme Court Justice

Get a hint
Hint

They are nominated by the president who then submits a nomination to the Senate, if approved by the committee the nomination is submitted to the full Senate for a confirmation vote

Get a hint
Hint
<p>What types of cases are heard in state courts?</p>

What types of cases are heard in state courts?

Get a hint
Hint

state, regulation of trade, and other disputes

Card Sorting

1/54

Anonymous user
Anonymous user
flashcard set

Earn XP

Description and Tags

Flashcards to study for Judicial Branch exam

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

55 Terms

1
New cards
<p>Describe the process in which a person becomes a Supreme Court Justice</p>

Describe the process in which a person becomes a Supreme Court Justice

They are nominated by the president who then submits a nomination to the Senate, if approved by the committee the nomination is submitted to the full Senate for a confirmation vote

2
New cards
<p>What types of cases are heard in state courts?</p>

What types of cases are heard in state courts?

state, regulation of trade, and other disputes

3
New cards
<p>Explain the difference between original and appellate jurisdiction</p>

Explain the difference between original and appellate jurisdiction

original jurisdiction is when the court has the authority to hear the case for the first time while appellate jurisdiction is when they have the authority to review the decisions made in lower courts

4
New cards
<p>What is criminal law?</p>

What is criminal law?

the branch of law that regulates the conduct of individuals

5
New cards
<p>What is civil law?</p>

What is civil law?

the branch of law that concerns relationships between private parties

6
New cards
<p>What is the burden of proof for criminal cases?</p>

What is the burden of proof for criminal cases?

To be found guilty beyond a reasonable doubt

7
New cards
<p>What is the burden of proof for civil cases</p>

What is the burden of proof for civil cases

A preponderance of evidence

8
New cards
<p>Who is the defendant?</p>

Who is the defendant?

The person accused of a crime

9
New cards
<p>Who is the prosecution?</p>

Who is the prosecution?

The lawyer or team of lawyers bringing the evidence against the defendant

10
New cards
<p>What does an amicus brief do?</p>

What does an amicus brief do?

Lets the court know that the issue at hand is important to more people

11
New cards

Who is the plaintiff?

The person or party who brings a lawyer against another party in a civil case

12
New cards

What is a writ of certiorari?

A document issued by the Supreme Court ordering that a case from a lower court be brought before it

13
New cards

What are damages?

Money to compensate for the losses suffered

14
New cards

What does beyond a reasonable doubt mean?

There must be no reasonable explanation for what happened other than the accused did it

15
New cards

What is the Court of Last Resort?

The Supreme Court

16
New cards

What does Loose interpretation of the Constitution mean?

The Federal government can do what the Constitution doesn’t allow for

17
New cards

What does strict interpretation of the Constitution mean?

The Federal government can only do what the Constitution allows for

18
New cards

What is judicial activism?

based on the belief that the Court has both the right and obligation to use its power of judicial review

19
New cards

What does judicial restraint mean?

holds that judicial review should be used sparingly

20
New cards

What does judicial review mean?

under which executive and legislative actions are subject to review by the jury

21
New cards

what is petty offense?

minor crimes

22
New cards

what is the Grand jury?

a group of citizens who review the evidence and charges provided by the prosecution

23
New cards

What is the Petit jury?

Trial juries

24
New cards

What is Bench trial?

A trial in which the judge decides the outcome of the case

25
New cards

What is a Preliminary Hearing?

The prosecution presenting its case to a judge

26
New cards

What is indictment?

A formal charge

27
New cards

What is stare decisis?

When lower courts must honor decisions made by higher courts

28
New cards

What is an arraignment?

A reading of charges against the defendant

29
New cards

What is a plea bargain?

A pre-trial process between the prosecutor, defense lawyer, and police to work out an agreement with the defendant

30
New cards

What is bail?

a sum of money the accused leaves with the court until they return for trial

31
New cards

What is subpoena?

A writ ordering a person to attend a court

32
New cards

What is Plea of No contest?

When a defendant indirectly admits guilt and gives up their right to a defense

33
New cards

What is Hung jury?

The situation when a jury can’t agree on a verdict

34
New cards

How does the Constitution protect individuals accused of a crime (based on the 4th, 5th, 6th, 7th, and 8th amendment) ?

Against unreasonable searches, self-incrimination, rights of criminal defendants, right of trial by jury, and cruel punishment

35
New cards

What is a felony?

Major crimes

36
New cards

What is a misdemeanor?

A crime worse than petty offense

37
New cards

What is the Breach of contact cases?

usually deal with contracts that have been broken

38
New cards

What are torts?

Civil wrong committed against a person

39
New cards

What is negligence?

Action, or lack of action deemed irresponsible on the part of the offender

40
New cards

What is arbitration?

when a neutral third party mediates the dispute and both sides

41
New cards

What is a preponderance of evidence?

when the plaintiff must present sufficient evidence that the defendant is most likely guilty of the claimed offense

42
New cards

What is a Writ of habeas corpeus

A report of unlawful and indefinite imprisonment

43
New cards

What is Due process?

A citizen’s entitlement

44
New cards

What was the impact of Marbury v. Madison?

It established judicial review

45
New cards

What was the impact of McCulloch v. Maryland?

It established implied powers and expands the powers of Congress

46
New cards

What was the impact of Plessy v. Ferguson?

It was used to legally justify segregation throughout the U.S

47
New cards

What was the impact of Brown v. Board of Education?

It overruled the Plessy decision

48
New cards

What was the impact of Miranda v. Arizona?

It ruled that suspects can’t be held without being told of their rights

49
New cards

What was the impact of Gideon v. Wainwright?

It ruled the right to a lawyer

50
New cards

What was the impact of Tinker v. Des Moines?

It held protection of student’s rights

51
New cards

What was the impact of New Jersey v. TLO?

It held that students can be searched when school authorities have reasonable suspicion

52
New cards

What was the impact of Schenck v. U.S?

It established clear and present doctrine

53
New cards

What was the impact of Mapp v. Ohio?

It held that evidence seized unlawfully couldn’t be used in criminal prosecution

54
New cards

What is exclusionary rule?

a law that prohibits the use of illegally obtained evidence in a criminal trial

55
New cards

What was the impact of Gitlow v. NY

It held that constitutional protections protect people in the U.S