CHAPTER 14- THE JUDICIARY

What is the act of respecting people’s God-given rights, including natural and man-made rights? This is also fairly handling conflicts and giving proper rewards or punishments.

justice

What are rights people are born with (given by God), like life and freedom?

natural rights

What are rights created by governments and laws?

man-made rights

What does it mean to be “impartial” in justice?

Being fair and not taking sides.

What is the scriptural foundation of American law?

It is based on God’s unchanging standard of right and wrong.

Why is the scriptural foundation important?

Because it never changes, so it gives a constant standard.

What is an early Babylonian collection of laws and legal decisions?

Hammurabi’s Code

What is a collection of Roman laws put together by Emperor Justinian?

Corpus Juris Civillis

What is English law based on judges’ decisions and past rulings (precedents)?

common law

What are past court decisions used to guide future cases?

precedents

What is a book by William Blackstone explaining English law?

Commentaries of the Laws of England

How did Blackstone’s work affect Americans?

It influenced them and limited them from creating totally new laws.

What is law given by God through Scripture?

revealed law

What is law shown by God through nature and human reason?

natural law

What is the ultimate standard for judging and society?

God’s character as shown in Scripture.

What are the two main court systems in the U.S.?

Federal courts and state courts.

What is the highest federal court?

The U.S. Supreme Court.

What is the highest court in a state?

The State Supreme Court.

What court reviews cases from lower courts (appellate jurisdiction), second lowest federal court?

U.S. Courts of Appeals

What court reviews decisions from state trial courts (appellate jurisdiction), second lowest state court?

State Appeals Courts

What court hears cases first, also lowest federal court?

U.S. District Courts

What court hears cases first (original jurisdiction) and is the lowest state court?

State Trial Courts

What is the power to hear a case first?

original jurisdiction

What term means the court is hearing the case for the second time?

appellate jurisdiction

How many justices are on the Supreme Court and how long do they serve?

9 justices, for life

Who appoints Supreme Court justices?

The President

Who confirms Supreme Court justices?

The Senate

What types of jurisdiction does the Supreme Court have?

Both original and appellate jurisdiction.

About how many cases does the Supreme Court hear each year?

About 80 cases

Does the Supreme Court get more case requests than it hears?

Yes

How do lawyers present their case to the U.S. Supreme Court?

They submit written briefs explaining their arguments.

How long do lawyers have to argue their case in court?

About 30 minutes each.

How is a Supreme Court case decided?

By a majority vote of the justices.

What opinion is the official decision agreed on by most of the justices?

majority opinion

What opinion is written by justices who disagree with the decision?

dissenting opinion

What opinion agrees with the decision but for different reasons?

concurring opinion

How can state judges be selected?

Through elections, appointments, or selections.

What type of election is when judges run with a political party label?

partisan election

What type of election is when judges run without a political party label?

nonpartisan election

What appointment occurs when the governor chooses the judge?

gubernatorial appointment

What occurs when the state legislature chooses the judge?

legislative selection

What is a system where a commission suggests judges, the governor picks one, and voters decide whether to keep them?

Missouri Plan

How are federal judges selected?

Nominated by the President and approved by the Senate.

How are U.S. Supreme Court justices selected?

Appointed by the President and approved by the Senate.

Are there constitutional requirements to become a judge?

No

What role does the American Bar Association play in judicial confirmation?

It may give advice about judicial candidates.

Why are judges often nominated?

Because their views match the President’s ideals.

Who determines if something violates the Constitution?

The U.S. Supreme Court/Branches of Government

Who was a Chief Justice who made the Supreme Court more powerful?

John Marshall

What was the Supreme Court during John Marshall’s time, known for strengthening federal power?

Marshall Court

What is the power to decide if laws are constitutional?

judicial review

What case first used judicial review?

Marbury v. Madison

What did McCulloch v. Maryland decide?

States cannot tax a federal bank and federal law is supreme.

Federal commerce laws > state commerce laws

Who was a Chief Justice known for expanding rights and freedoms?

Earl Warren

What was the Supreme Court during Earl Warren’s time, known for civil rights decisions?

Warren Court

What did Brown v. Board of Education decide?

School segregation is illegal.

What did Miranda V. Arizona decide?

Suspects must be told their rights

What did Engel v. Vitale decide?

School-sponsored prayer is unconstitutional.

What did the Court rule about Bible reading and prayer in public schools?

It is unconstitutional.

What issue is connected to “coach and postgame prayer”?

Whether prayer in public school sports violates the Constitution.

What did Roe v. Wade decide?

It legalized abortion in the United States.

What did Dobbs v. Jackson Women’s Health Organization decide?

It changed abortion laws and allowed states to set their own rules.

What did 20th-century court rulings do to free speech?

Redefined free speech.

What is following the Constitution and past rulings closely and not changing the law?It respects Constitution, law and precedents as written; and the role of justice is to guard the law.

judicial restraint

What is interpreting the Constitution more flexibly and helping shape policy?

judicial activism

What is the first Miranda Right?

You have the right to remain silent.

What is the second Miranda right?

Anything you say can and will be used against you in a court of law.

What is the third Miranda right?

You have the right to an attorney.

What is the fourth Miranda right?

If you cannot afford an attorney, one will be provided for you.

What is the fifth Miranda right?

You can stop answering questions at any time until you have a lawyer.