Civics Judicial Branch & Civil Rights/Liberties Quiz

What is the main purpose or function of the judicial branch (courts)?

To interpret laws, apply them to specific situations, and resolve disputes (adjudicate).

What is the basic difference between criminal law and civil law?

Criminal law involves actions considered harmful to society (crimes), prosecuted by the government. Civil law involves disputes between private parties (individuals or organizations).

Who are the "players" (parties) in a criminal case vs. a civil case?

Criminal: Prosecutor (representing the government/people) vs. Defendant (the accused). Civil: Plaintiff (the person suing) vs. Defendant (the person being sued).

What is the burden of proof in a criminal case?

Beyond a reasonable doubt.

What is the burden of proof in a civil case?

Preponderance of the evidence (meaning "more likely than not").

What is the typical "verdict" (outcome) in a criminal case vs. a civil case?

Criminal: Guilty or Not Guilty. Civil: Liable or Not Liable.

What is the typical "penalty" in a criminal case vs. a civil case?

Criminal: Incarceration (jail/prison), fines, probation. Civil: Damages (money) or injunctions (a court order to do or stop doing something).

What are the basic steps in a trial?

1. Jury Selection (Voir Dire), 2. Opening Statements, 3. Presentation of Evidence (Plaintiff/Prosecution case, then Defense case), 4. Closing Arguments, 5. Jury Instructions (from the judge), 6. Jury Deliberation and Verdict.

What is the difference between direct examination and cross-examination?

Direct examination is when an attorney questions their own witness. Cross-examination is when an attorney questions the opposing side's witness, often to challenge their credibility.

Why is the credibility of witnesses important in a trial?

Jurors must decide how believable and trustworthy a witness is in order to determine the facts of the case.

What is the role of the judge in a trial?

To act as an impartial referee, rule on matters of law (like evidence admissibility), instruct the jury, and (in a bench trial) determine the verdict.

What is the role of the attorneys in a trial?

To represent their client's interests, present evidence, examine witnesses, and make legal arguments.

What is the role of the witnesses in a trial?

To provide testimony (evidence) under oath about what they saw, heard, or know regarding the case.

What is the role of the jurors in a trial?

To be the "finders of fact," listen to all evidence impartially, and deliver a verdict based on the facts and the law.

What are the key differences between a trial court and an appeals (appellate) court?

Trial courts hear cases first, have juries, hear evidence/witnesses, and determine facts. Appeals courts review the record from the trial court only to see if an error of law was made; they do not hear new evidence.

How does a case typically get to the Supreme Court (SCOTUS)?

Through the appellate process. A party loses in a lower federal court or state supreme court and files a "writ of certiorari," asking SCOTUS to hear the case. Four of the nine justices must agree (the "Rule of Four") to take the case.

What is the Supreme Court's most significant power?

Judicial Review: The power to declare a law (from Congress) or an executive action (from the President) unconstitutional. (Established in Marbury v. Madison).

What is the legal theory of "originalism"?

Interpreting the Constitution based on the original intent or meaning of the authors at the time it was written.

What is the legal theory of "strict constructionism"?

Interpreting the Constitution's text literally and narrowly, granting the federal government only the powers explicitly listed.

What is the legal theory of "loose constructionism" (or "living Constitution")?

Interpreting the Constitution more broadly, considering "evolving standards of decency" and how its principles apply to modern society.

What is the legal principle of "stare decisis"?

"Let the decision stand." The practice of courts following precedent (rulings from previous, similar cases) to ensure stability in the law.

Morse v. Frederick: What was the key issue and right at stake?

A student's ("Bong Hits 4 Jesus" banner) First Amendment free speech rights at a school-sponsored event.

Morse v. Frederick: What did the Supreme Court rule?

The Court ruled against the student, holding that schools can suppress student speech that is reasonably viewed as promoting illegal drug use.

Morse v. Frederick: What legal concept did Frederick's lawyers argue the school violated?

Viewpoint discrimination (that the school punished him for his message, not because it was disruptive).

JDB v. North Carolina: What was the key issue and right at stake?

Whether a 13-year-old student was "in custody" when questioned by police at school without a Miranda warning. This involved the Fifth Amendment (protection against self-incrimination).

JDB v. North Carolina: What did the Supreme Court rule about the Miranda custodial analysis?

The Court ruled that a student's age is a relevant factor that officers and courts must consider when determining if the person felt they were "in custody."

What is "custody" for Miranda purposes?

A situation where a reasonable person would not feel free to leave or terminate the police questioning.

Utah v. Strieff: What was the key issue and right at stake?

The Fourth Amendment (protection from unreasonable search/seizure). Police made an illegal stop (lacking reasonable suspicion), found an outstanding warrant, and then found drugs during a search.

Utah v. Strieff: What did the Supreme Court rule about the evidence?

The Court ruled the evidence was admissible (could be used in court).

Utah v. Strieff: What legal concept did the Court use to justify admitting the evidence despite the illegal stop?

The attenuation doctrine, ruling that the discovery of the valid warrant was an "intervening circumstance" that broke the causal chain from the illegal stop, thus attenuating the taint of the illegal police conduct.

What is the exclusionary rule?

A judicial rule stating that evidence obtained in violation of the 4th, 5th, or 6th Amendments (e.g., an illegal search) generally cannot be used against a defendant in court.

What is the deterrent effect?

The idea that the exclusionary rule discourages (deters) police from violating the Constitution in the future.

Miller v. Alabama: What was the key issue and right at stake?

Whether a mandatory sentence of life-without-parole for a juvenile (under 18) convicted of murder violates the Eighth Amendment (cruel and unusual punishment).

Miller v. Alabama: What did the Supreme Court rule?

The Court ruled that mandatory life-without-parole sentences for juveniles are unconstitutional.

Miller v. Alabama: What concepts did the Court apply to its 8th Amendment analysis?

Proportionality (punishment must fit the crime and the offender), evolving standards of decency, and the lack of a national consensus supporting such mandatory sentences for minors.

What are the 6 key freedoms guaranteed by the First Amendment?

1. Freedom of Speech, 2. Freedom of the Press, 3. Freedom of Religion (Establishment), 4. Freedom of Religion (Free Exercise), 5. Freedom of Assembly, 6. Freedom to Petition the Government.

What are "time, manner, and place" restrictions on free speech?

Reasonable, content-neutral limits the government can place on speech (e.g., no protests with bullhorns in a residential neighborhood at 3 AM).

What is the First Amendment issue with book bans in public schools?

Whether removing books based on their content or message constitutes government censorship and violates students' First Amendment right to receive information.

What is the First Amendment issue with displaying the 10 Commandments in public schools?

It is a potential violation of the Establishment Clause, which prohibits the government from establishing, endorsing, or favoring a specific religion.

D.C. v. Heller (2008): What did the Supreme Court rule about the Second Amendment?

It ruled that the Second Amendment protects an individual's right to possess a firearm (specifically a handgun) for self-defense in the home.

New York Rifle & Pistol Association v. Bruen (2022): What did the Supreme Court rule?

It ruled that New York's "proper cause" law (requiring a special need to get a concealed carry permit) was unconstitutional, affirming that the 2nd Amendment protects the right to carry a firearm outside the home for self-defense.

What is the difference between reasonable suspicion and probable cause?

Reasonable Suspicion: (Lower standard) A belief, based on specific and articulable facts, that criminal activity is "afoot." Needed for a stop/detention. Probable Cause: (Higher standard) Sufficient facts to make a reasonable person believe a crime has been or is being committed. Needed for an arrest or search.

What are the three levels of police encounters?

1. Consensual Encounter: Voluntary; citizen is free to leave at any time (no suspicion needed). 2. Stop / Detention: (Requires Reasonable Suspicion) Citizen is not free to leave. 3. Arrest: (Requires Probable Cause) Citizen is taken into custody.

What key protection does the Fifth Amendment provide regarding self-incrimination?

The right to "plead the fifth," meaning a person cannot be forced by the government to be a witness against themselves in a criminal case.

Miranda v. Arizona (1966): What did the Supreme Court rule?

The Court ruled that suspects must be informed of their 5th Amendment rights (right to remain silent, right to an attorney) before a custodial interrogation.

When is a Miranda warning triggered (required)?

When two conditions are met: 1. The suspect is in CUSTODY (not free to leave) AND 2. The police are conducting an INTERROGATION (asking questions designed to elicit an incriminating response).

What key right is guaranteed by the Sixth Amendment?

The right to counsel (an attorney) in all serious criminal prosecutions.

What two main protections does the Eighth Amendment grant?

1. Protection against excessive bail and fines. 2. Protection against cruel and unusual punishments.

What are "evolving standards of decency" and "national consensus"?

Concepts the Supreme Court uses to analyze the 8th Amendment. Evolving standards refers to how society's views on what is "cruel" change over time. National consensus refers to the general agreement (or lack thereof) among state legislatures on a specific punishment.

What are the three key protections (clauses) of the 14th Amendment?

1. The Citizenship Clause (defines citizenship), 2. The Due Process Clause (prohibits states from denying life, liberty, or property without due process), and 3. The Equal Protection Clause (requires states to apply the law equally to all people).