Judicial Branch & Civil Liberties: Court Systems, Cases, and Rights

Judicial Branch

The branch of government responsible for interpreting laws.

Dual Court System

The existence of both federal and state courts.

Federalism

A system of government where power is divided between a central authority and constituent units.

Jurisdiction

Authority to hear a case.

Original jurisdiction

The first court to hear a case.

Appellate jurisdiction

The authority to review cases from lower courts.

Exclusive jurisdiction

Only court that can hear a case.

Concurrent jurisdiction

More than one court can hear a case.

Supreme Court

The highest court in the United States.

Court of Appeals

Courts that review cases for appellate jurisdiction.

District Courts

Federal trial courts with original jurisdiction.

Writ of Certiorari

An order for a lower court to send a case up to a higher court.

Certificate

A lower court asks the Supreme Court to clarify a question.

Majority Opinion

The opinion of the court that reflects the majority's decision.

Concurring Opinion

An opinion that agrees with the majority but provides additional support.

Dissenting Opinion

The minority opinion that does not agree with the majority.

Judicial Restraint

Reluctance to declare legislative enactments unconstitutional unless obvious.

Judicial Activism

Judicial decisions influenced by the spirit of the times and needs of the nation.

Civil Rights

Protection against actions of government.

Civil Liberties

Government protecting people seeking constitutional guarantees.

Bill of Rights

The first 10 amendments to the Constitution.

Due Process Clause

Government must follow procedures before depriving a person of life, liberty, or property.

Establishment Clause

Government cannot establish a religion.

Free Exercise Clause

Government cannot restrict free exercise of religion.

Libel

Knowingly writing something false with the intent to harm.

Miranda Rule

Rights of the accused must be read to them.

Probable Cause

Reasonable belief that a crime has been committed.

Seditious Speech

Speech advocating the violent overthrow of a government.

Slander

Knowingly speaking something false with the intent to harm.

Symbolic Speech

Non-verbal actions intended to convey a message.

Treason

Attempt to overthrow a government or aid its enemies.

Marbury v. Madison

Established judicial review.

McCulloch v. Maryland

Supreme Court sided with the national government regarding the constitutionality of a national bank.

Gibbons v. Ogden

Strengthened the Supremacy Clause and the Interstate Commerce Clause.

Brown v. Board of Education

Challenged separate but equal doctrine established in Plessy v. Ferguson.

Mapp v. Ohio

Established the exclusionary rule based on the 4th amendment.

Engel v. Vitale

School-sponsored prayers violate the Establishment Clause.

Tinker v. Des Moines

Student speech is protected unless it is disruptive.