judicial branch

Judicial Review (Marbury v. Madison)

The power of the courts to declare laws unconstitutional

judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

judicial restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Majority opinion of the Supreme Court:

a judicial opinion agreed to by more than half of the members of a court

minority/dissenting opinion

the opinion of fewer than five of the justices. Explanation of why they disagree.

Miranda Rights

Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)

Original Jurisdiction of the Supreme Court

the authority of a court to hear a case before any other court does

appellate jurisdiction

The authority of a court to review decisions made by lower courts

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

trial jury

a group of citizens that decides whether an accused person is innocent or guilty

appeal

apply to a higher court for a reversal of the decision of a lower court.

indictment

the act of accusing; a formal accusation

Misdemeanor

minor crime

civil case

A case involving a noncriminal matter such as a contract dispute or a claim of patent infringement

capital punishment

death penalty

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Schenck v. United States

Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech

Plessy v. Ferguson

Separate but equal

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion

Furman v. Georgia

(1972) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".

Loving v. Virginia (1967)

Struck down state's law banning interracial marriage as violation of the 14th Amendment equal protection clause (Warren Court)

Texas v. Johnson

flag burning is protected by the First Amendment

California v. Greenwood

Court held that it is not an unreasonable search and seizure to obtain evidence without a warrant from garbage left for collection outside the grounds of a home.