American Government Unit 6

Origins of the law

1. Common
2. Statutory

When talking about origins of the law common is...

a judge-made precedent (This is an ancient English tradition, they are not written down, looking back on history)

When talking about origins of the law statutory is...

legislative (originate from law making bodies)

2 types of laws

1. Civil Action
2. Criminal Law

What is a civil action law?

private dispute (disagreements between citizens, no laws had been broken)

Civil action goes with the __________ origin of the law

common

What is criminal law?

crimes against society (this is when you break a law)

Criminal law goes with the __________ origin of the law

Statutory

What happens in a trial court?

- When the case is first heard
- Evidence is given
- Decided if you are guilty or not guilty

A jury trail means that...

You are tried by a jury

A bench trial means...

You are tried by a singular judge

2 important parts of the Trial Courts

- Original Jurisdiction
- Jury trial/Bench trial possible - single judge

If someone is not happy with how their case turns out in a trial court, then they can appeal to the

Appellate courts

What is the job of the appellate courts?

reviews decisions made by the lower court

What 3 things can the Appellate Court decide?

1. Can give you another trial (trial courts)
2. Say live with it (you get what you get)
3. They can let you walk (meaning there was no reason to be tried to begin with)

Is there a jury in an Appeallate court?

No

how many U.S. district courts are there

51 (each state has one)

U.S District Courts (3 things to know)

- General Jurisdiction
- Jurisdiction boundaries limited to single state
- Specialized courts

With a specialized court you know what they do based on their

name

The ________ ___ ___________ is above the district court

Court of Appeals

Court of Appeals (3 things to know)

- Cricut courts (2nd level)
- Appellate jurisdiction
- Multi-state jurisdiction

You can appeal to the supreme court, but they do not have to

hear you

In an ________ jurisdiction you go straight to the supreme court

original

In an __________ you have to work your way up

Appellate

What 3 cases would lead to an Original Jurisdiction

1. Federal v. State
2. State v. State
3. Involves a diplomat

What is diplomatic immunity

They are not subject to the law of the land

Cases in the supreme court are Appellate meaning

they had to work their way up the court system

What is another name for the Writ of certiorari

Cert petition

A Writ of certiorari (Cert petition) is what ou have to do to

file an appeal to the supreme court (this is to have your case heard)

What does the "Rule of four" mean

You need 4 out of 9 votes in favor of hearing your case

State courts have

concurrent jurisdiction

3 things to classify it as concurrent jurisdiction

1. Has to be a civil lawsuit
2. People involved have to come from different states
3. Monetary more than $60,000

Federal Judges

politics and the courts

Special things to note about Federal Juges

- They do not run for office
- They are not voted for
- They have the job for life
- They do not have a term limit

What are the 2 steps of a federal judge being put into office?

1. The president nominates them
2. Then the senate confims it

What is the myth about politics and federal judges

That politics are not involved (Politics would be involved because they will base their decisions on their political beliefs)

What is the only way to remove a judge?

Impeachment (if they have broken the law, misdemeanor or crimes) (the judge can also choose to retire)

What is an Oral Argument

This is when the lawyers are given 30 minutes to present a case (This is the only part that it is open to the court)

Do they have cameras during an oral argument?

No, but they do have audio recordings

What is Conference work

- Is only when there are 9 justices in the room (this is not open to the public. Once they have made a decision then it is released to the public)

What are the 3 steps of the Supreme Court at work

1. Conference work
2. Oral Argument
3. Conference work

What is a unanimous decision

When all 9 agree and are on the same page

What is a majority opinion?

This is when the majority becomes a law. (These are not unanimous and they are highly divided either way)

What is a concurring opinion?

To agree with the majority that something has to be the law but thy disagree with the reasoning behind it

What is Judicial Review?

The power of the courts to declare an act of congress or legislation act as unconstitutional

What was found through the case of Marbury v. Madison (1803)

Judicial Review

What to people believe who support Judicial Restraint?

They believe that the courts should use Judicial review sparingly (If it is used to often then they are becoming lawmakers)

What to people believe who support Judicial Activism?

They want the courts to use Judicial review often

Do the courts give advice or deal with hypotheticals?

No, only cases that are brought to them

Does the supreme court have the last word?

No, it can be constitutionally amended, this has only happened once

Can the courts reverse a decision?

Yes (Ex- Abortion and Brown v. Board of Education)

What does compliance by the other courts mean?

There are no problems with the lower courts

The Bill of Rights is the Bill that...

gives you rights

What do Civil Liberties protect you from?

Government Action (they are all natural)

What are Civil Rights?

This is when a person is discriminated against
1. Protection from the government
2. People not getting the same treatment
(Example- Senior Citizen and Disabled People)

What did the courts rule in the case of Barron v. Baltimore 1833?

Ruled against, said that the Bill of Rights did not apply to the states, only the federal government

What did the court case of Palko v Connecticut 1937 rule?

That the Bill of Rights does apply to the states (specifically that the State government should allow due process)

What is selective incorporation?

This only made parts of the bill of rights apply to the states

What court case brought about the Clear and Present Danger Test?

Schenck v U.S.

The Schenck v U.S. case was the first issue with

Freedom of Speech

Clear and Present Danger Test means

if something poses a clear and present danger then it is no longer covered by the constitution

Since 1965 we have lived under the

Preferred Freedoms Test

What type of words are not protected by the constitution?

Fighting words

What is symbolic speech?

an action that says something (burning the flag is allowed by the constitution -1960)

What does prior restrain mean?

The government cannot decide what the public can or can't read

Libel/Slander

private and public

Libel is anything

In print

Slander is anything

they say verbally (the media can be sued for this)

Private

a private citizen can sue the media

Public

have a higher threshold, not treated as equals

What court case goes with obscenity

Miller v California 1973

What does obscenity mean

can be punished, it is not protected

What 4 things have to be present, so something is not obscene?

1. Literary
2. Artistic
3. Scientific
4. Political

What does malice mean

they meant to cause harm

Freedom of Religion

You can believe what you want but you cannot act on it (you cannot sacrifice a person)

The Establishment Clause

No religion or government mixing (The government cannot have a nativity scene or the 10 commandments up. Government officials cannot say Merry Christmas)

Accommodationist Interpretation

There is room for interaction, nothing wrong

Wall of Separation

No interaction between the government and religion

Who's idea was the Wall of Seperation?

Thomas Jefferson

Free Exercise Clause

No criminal act - prohibited
Public schools - Yes/No
Teachers cannot ask students to pray, but teachers can pray during their free time

What does the 4th amendment protect you from?

Unreasonable searches and seizures

Who signs off on a search warrant?

A judge

What are the 3 exceptions of not needing search warrant

1. Consent
2. Pursuit
3. Accidentally discovery

What does the exception consent mean?

When the person gives consent for them to search somewhere

What does the exception pursuit mean?

It means that they are in hot pursuit of the person

What does the exception accidentally discovery mean?

When something is discovered on accident, it was in plain sight

What does Exclusionary Rule mean?

It is when evidence is obtained illegally, this cannot be used in court

The 5th and 6th amendment give the right to what?

counsel

What did the court case Miranda v Arizonia establish

That you have a right to remain silent

What do the Scottsboro and Escobedo cases gives you the right to what 2 things

1. right to counsel
2. right to an attorney

What does the 8th amendment protect you from?

Cruel and unusual punishment

What does it mean when it says that the 8th amendment protects you from cruel and unusual punishments

That the government has to treat you humanely

The court case Robinson v California and Furman v Georgia both came to the conclusion that aligns with

Cruel and unusual punishment

Privacy is not mentioned in the ________________, this is why certain topics are controversial

Constitution

What was decided from Roe v Wade (1973)

They said that abortion was a private issue, that the founding fathers wanted americans to have privacy

Who did the 14th amendment protect from discrimination

African Americans

The 15th Amendment gave African Americans the right to

vote

Jim Crow Laws

Segregation or discrimination

The court case Plessy v Ferguson 1896 established

The separate but equal doctrine

The Civil Rights Act of 1964 said that

Separate but equal was wrong, you can no longer discriminate