Amer Gov Unit 6 Study Guide

1. What is a federal circuit court?

The 2nd level, court of appeals, is above the district courts

2. If people were denied service in a restaurant because of their race, their rights would be violated according to?

The Civil Rights Act of 1964

3. What does concurrent jurisdiction mean?

The case is shared jurisdiction (tried by) between the State and Federal government

4. What is the difference between civil liberties and civil rights?

Civil liberties are natural rights that are given to you that you don’t have to ask the government about. Civil liberties are protection from government action *Bill of rights would be a good example* Civil rights are when a person is being discriminated against and denied their civil liberties.

5. What distinction does the court make in cases of libel?

They make the distinction between private citizens (lower threshold) and public citizens (higher threshold. Celebrities can use the media to influence decisions) libel- When you are bringing a lawsuit about anything that is in print

6. Why can’t the Supreme Court make a ruling whenever it wants on the constitutionality of some controversial issue in American politics?

The courts do not give advice, deal with hypotheticals, or offer opinions, they only deal with cases that have been brought to them. They have to wait on a related case to be brought to them.

7. What is the reality behind the myth about politics and the courts?

Politics are involved with the courts. You can see how politics are involved by their rulings (judicial appointments and rulings are influenced by politics), and judges are going to be chosen based on their politics, the President will choose a judge in the same party as them.

8. What is a writ of certiorari?

A request to the supreme court to ask them for them to review your record or case. Filing an appeal to the supreme court to have your case heard

9. What do we call the English tradition of reliance on judge-made precedents in legal decisions, which is the source of much of American law?

Common law

10. What is judicial review?

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

11. How can federal judges be removed?

Impeachment (they have to break the law)

12. What power does the U.S. Supreme Court have over a lower court?

They can reverse the decisions of the lower courts.

13. What is a concurring opinion?

To agree with the majority that something has to be a law but they disagree with the reasoning of why it should be a law

14. What doctrine did the Supreme Court’s ruling in Plessy V. Ferguson establish?

A separate but equal doctrine

15. What do you call the court in which legal cases are first heard, evidence is considered, and judgments are made?

Trial courts

16. True or false? The “right of privacy” is not mentioned in the Constitution.

True

17. True or False? The U.S. Constitution as originally written in 1787 did not mention a bill of rights.

true

18. What is the exclusionary rule?

The evidence cannot be used in court because it was obtained illegally

19. What is a bench trial?

Means that a singular judge decides your fate

20. What is statutory law?

Comes from law making bodies such as congress or other legislation (other law making bodies)