AMG Judicial Branch Test

has everything

Segregation

Segregation

division of races

Greensboro

sit

Cruel and unusual punishment

8th amendment

Double jeopardy

you cannot be tried for the same crime twice. Ex: Two murder charges in the same case

Civil Rights Movement

Exclusionary rule

any illegally obtained evidence cannot be used in court

Fundamental Rights

“no man should be deprived of his rights to life, liberty, and pursuit of happiness”

Discrimination

prejudice against a group of people based on race, beliefs or religion

Self

incrimination (5th Amendment)

Jim Crow Laws

state and local laws introduced in the Southern United States in the late 19th and early 20th centuries that enforced racial segregation, "Jim Crow" being a pejorative term for an African

Defendant

one whom the suit is against

Appellate jurisdiction

the power to reverse or modify the lower court's decision.

Natural law

a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law.

Brief

a written argument submitted to the court.

Prosecution

brings the case (gov)

Jurisdiction

rights of the court to hear the case

Defendant

charged with a crime

Concurrent jurisdiction

authority for both state and federal courts to hear and decide cases

Plaintiff

one bringing the suit

Lobby

trying to get whatever you want done ( idk that's what ms setzer said)

List and define the six principles of government

1. Popular Sovereignty - ruled by the people

2. Federalism - Separation of government between the national and state governments

3. Limited Government - The government is limited by the constitution

4. Separation of Powers - Each branch of government has its own set of abilities

5. Checks and Balances - Each branch of government has checks and balances it can perform on the others

6. Judicial Review - Supreme Court can interpret the constitution

List the 3 branches of government, the article where it can be found, and its function

1. Legislative Branch - 1st Article

2. Executive Branch - 2nd Article

3. Judicial branch - 3rd Article

List the 4 principles of the legal system and define each

1. Equal Justice under the Law - All people are treated equally under law. Grants all Americans the 5th-8th amendments

2. Due Process under the Law - The law applied in a fair and equal manner to all people. The process you are due before rights are taken away

3. Adversary system - There must be opposing sides to present their case

4. Presumption of Innocence - One is presumed innocent until proven guilty. Not in the constitution. Burden of proof falls on the prosecution(gov) to prove you’re guilty.

List the 3 types of cases and define each

1. Civil (suits) - Court dispute under tort (civil) law between two or more parties.

2. Criminal - court cases involving a crime, or violation of public order

3. Constitutional - Involve interpreting the meaning of the words in the Constitution. Involve disputes arising concerning the legislative powers allocated to the Commonwealth and the States

List the 3 types of jurisdiction and define each

1. Original - The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts of a case.

2. Concurrent - authority for both state and federal courts to hear and decide cases

3. Appellate - A Constitutional argument is being made

List the 3 types of laws and define each

1. Civil laws - Disputes between two or more people. Disputes between individuals and the government

2. Criminal laws - A charge of breaking federal/state laws

3. Constitutional laws - An interpretation of one’s rights and how has the government or another person infringed on those rights

Sandra Day O’Connor

first female justice on the US Supreme Court

Thurgood Marshall

first African American on the US Supreme Court

John Roberts Jr.

current Chief Justice on the US Supreme Court

Sonia Sotomayor

current female on the US Supreme Court

Ruth Ginsburg

was the oldest female on the US Supreme Court

Elena Kagan

current female on the US Supreme Court

Amy Barrett

current female on the US Supreme Court

How many women are on the supreme court?

4

Roe v. Wade

abortion and when does life begin

Plessey v. Ferguson

said separate but equal schools was ok

Brown v. Board of Education

overruled Plessey and said no - separate but equal could never be equal

What important US documents protect the rights of the accused?

article III/ constitution and BOR

Police and other law enforcement officers must have a very good reason to suspect someone of a crime. What is this called?

They must have evidence, a warrant, and a probable cause

What is the official document which allows police and other law enforcement officers to search and seize evidence?

Search warrants

Evidence that is obtained illegally cannot be admitted into court. What is this rule called?

Fruit of the poisonous tree

Police can wiretap without a warrant t or f and why?

F, it is considered a search, only the FBI can wiretap for terrorist activity. (Patriot Act)

What are the 3 types of laws/cases?

• Civil - between 2 people

• Criminal - dealing with criminal activity

• Constitutional - concerning your rights

What is the name of the party that brings the suit in a civil case?

plaintiff

What is the name of the party that brings the suit in a criminal case?

prosecutor

What is the name of the party that defends the case in either a civil or criminal case?

Defendant

If my neighbor's tree falls on my car and he refuses to pay for any damages which type of case is it CIVIL or CRIMINAL?

CIVIL

Who bears the burden of proof in a court case?

The Government or prosection (in a criminal case)

What is the reasoning behind the rule you must ask the government's permission in order to sue them?

There must be a good enough reason to sue then or else most everyone would put their complaints in.

What is the ruling in Miranda V. Arizona and what rights does this ruling give to citizens today?

You have to have your Miranda rights read to you in case you don't know them. The Miranda Rights are:

This amendment protects a person against self incrimination

5th amendment

A person cannot be tried for the same crime twice. What is this called?

double jeopardy

Give an exception to double jeopardy

someone later found guilty after the first case. Ex: One murder charge per case.

The prohibition against cruel and unusual punishment is declared in what amendment?

8th amendment

LIST and DEFINE the 4 principles of the legal system:

Equal justice under the law- everyone treated equally in court.

Due process under law- denies government ability to revoke someones fundamental rights

Adversary system- 2 people or groups fights for their sides

Presumption of innocence- everyone presumed innocent until proven guilty (otherwise)

What does the fourteenth amendment guarantee? Explain it.

Equal protection clause: helps prevent people from being scrutinized and due process

Does a principal need a warrant or probable cause to search a student's locker? Why or why not?

No, you sign away some of your rights when you're at school. The locker is the school's property, not your own. They can do with it what they please.