Judicial Branch

Flashcards to study for Judicial Branch exam

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

What types of cases are heard in state courts?

state, regulation of trade, and other disputes

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

What is criminal law?

the branch of law that regulates the conduct of individuals

What is civil law?

the branch of law that concerns relationships between private parties

What is the burden of proof for criminal cases?

To be found guilty beyond a reasonable doubt

What is the burden of proof for civil cases

A preponderance of evidence

Who is the defendant?

The person accused of a crime

Who is the prosecution?

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

What does an amicus brief do?

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

Who is the plaintiff?

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

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

What are damages?

Money to compensate for the losses suffered

What does beyond a reasonable doubt mean?

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

What is the Court of Last Resort?

The Supreme Court

What does Loose interpretation of the Constitution mean?

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

What does strict interpretation of the Constitution mean?

The Federal government can only do what the Constitution allows for

What is judicial activism?

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

What does judicial restraint mean?

holds that judicial review should be used sparingly

What does judicial review mean?

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

what is petty offense?

minor crimes

what is the Grand jury?

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

What is the Petit jury?

Trial juries

What is Bench trial?

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

What is a Preliminary Hearing?

The prosecution presenting its case to a judge

What is indictment?

A formal charge

What is stare decisis?

When lower courts must honor decisions made by higher courts

What is an arraignment?

A reading of charges against the defendant

What is a plea bargain?

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

What is bail?

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

What is subpoena?

A writ ordering a person to attend a court

What is Plea of No contest?

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

What is Hung jury?

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

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

What is a felony?

Major crimes

What is a misdemeanor?

A crime worse than petty offense

What is the Breach of contact cases?

usually deal with contracts that have been broken

What are torts?

Civil wrong committed against a person

What is negligence?

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

What is arbitration?

when a neutral third party mediates the dispute and both sides

What is a preponderance of evidence?

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

What is a Writ of habeas corpeus

A report of unlawful and indefinite imprisonment

What is Due process?

A citizen’s entitlement

What was the impact of Marbury v. Madison?

It established judicial review

What was the impact of McCulloch v. Maryland?

It established implied powers and expands the powers of Congress

What was the impact of Plessy v. Ferguson?

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

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

It overruled the Plessy decision

What was the impact of Miranda v. Arizona?

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

What was the impact of Gideon v. Wainwright?

It ruled the right to a lawyer

What was the impact of Tinker v. Des Moines?

It held protection of student’s rights

What was the impact of New Jersey v. TLO?

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

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

It established clear and present doctrine

What was the impact of Mapp v. Ohio?

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

What is exclusionary rule?

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

What was the impact of Gitlow v. NY

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