Unit 5: The Judicial Branch; Civil Liberties and Civil Rights

What is original jurisdiction?

The right to hear a case for the first time.

What is appellate jurisdiction?

The right to hear a case on appeal, usually when the law was applied unfairly or incorrectly.

What is exclusive jurisdiction?

Jurisdiction where only federal courts can hear the case, typically involving national laws or other governments.

What is concurrent jurisdiction?

When cases can be heard in either state or federal courts.

What are the three levels of original jurisdiction?

Federal, state, and local.

What is statutory law?

Laws written by state legislatures and other lawmaking bodies.

What is common law based on?

Court precedents and the doctrine of stare decisis (“let the decision stand”).

What are the types of public law?

Criminal law, constitutional law, administrative law, and international law.

What are examples of private law?

Contracts, property law, torts, and domestic relations.

How many federal district courts are there?

94 courts.

What kind of jurisdiction do federal district courts have?

Original jurisdiction.

What is the purpose of the U.S. Courts of Appeals?

To hear appeals from district courts and reduce the Supreme Court's workload.

How many U.S. Courts of Appeals are there?

12 circuits.

What kind of jurisdiction do Courts of Appeals have?

Appellate jurisdiction.

What does the U.S. Tax Court handle?

Disputes between taxpayers and the IRS.

What court handles military trials and appeals?

Military Court / Court of Military Appeals.

Which court handles civil cases involving patents and copyrights?

Court of Appeals for the Federal Circuit.

What is the highest court in the U.S.?

The United States Supreme Court.

How many justices are on the Supreme Court?

9 (1 Chief Justice and 8 Associate Justices).

What case established judicial review?

Marbury v. Madison.

What is judicial review?

The power to declare laws or executive acts unconstitutional.

What is the Rule of Four?

Four Supreme Court justices must agree to hear a case.

What is a writ of certiorari?

An order for a lower court to send a case to the Supreme Court for review.

What is an amicus curiae brief?

A “friend of the court” brief filed by interest groups or others not directly involved.

What happens during Supreme Court oral arguments?

Lawyers present their case, usually limited to 30 minutes per side.

What happens during a Supreme Court conference?

Justices discuss and vote on cases.

What are the types of Supreme Court opinions?

Majority, dissenting, and concurring.

What is judicial restraint?

A philosophy where judges limit themselves to interpreting the law, not making policy.

What is judicial activism?

A philosophy where judges are more willing to make policy through court decisions.

What is the appointment process for Supreme Court justices?

Appointed by the President, confirmed by the Senate.

How long do Supreme Court justices serve?

For life (unless they retire, resign, or are impeached)

What is the process of getting a case to the Supreme Court?

Indictment → Grand Jury → True Bill → District Trial → Verdict → Court of Appeals → SCOTUS appeal.

What are common reasons people commit crimes?

Environment, poverty, discrimination, stress, learned behaviors, response to social conditions, and breakdown in law enforcement.

What are some emotional or physical impacts of crime on victims?

Fear, injury, loss, and a search for justice.

What are the five main categories of crime?

Crimes against persons, crimes against property, victimless crimes, white-collar crimes, and organized crime.

What does the Insanity Defense claim in a criminal case?

That the person was not mentally sane at the time of the crime and couldn’t understand their actions.

What does the Intoxication Defense argue?

That the person was under the influence of a substance and shouldn’t be fully held accountable.

What must be true for Self-Defense to be a valid legal defense?

The force used must be proportionate to the threat faced.

What’s an example of a petty offense and its typical punishment?

Parking illegally; usually punished with a ticket or fine.

What’s an example of a misdemeanor and its possible punishment?

Vandalism; can result in up to 1 year in jail or a fine up to $1,000.

What’s an example of a felony and its punishment?

Murder; can result in a long prison sentence or the death penalty.

What rights does the 5th Amendment give to the accused?

Protection from self-incrimination, right to a grand jury, no double jeopardy, and right to due process.

What rights does the 6th Amendment give to the accused?

Right to know charges, a speedy public trial, a lawyer, and to question witnesses.

What is plea bargaining, and how often is it used?

It’s when the accused pleads guilty for a lighter sentence—used in about 90% of cases.

What happens during an arraignment?

The formal charges are read, and the accused enters a plea (guilty, not guilty, or not guilty by reason of mental defect).

What are possible outcomes after a criminal trial?

Not guilty (released) or guilty (go to sentencing phase).

Name at least three sentencing options in a criminal case.

Probation, community service, incarceration, fines, rehab, or even death penalty.

What is the “Three Strikes” law?

A law that gives a life sentence to felons with two or more previous serious convictions.

What qualifies as a “serious violent felony” under the Three Strikes law?

Crimes like murder, rape, kidnapping, robbery, or others punishable by 10+ years with a risk of force.

In a civil case, what is the role of the plaintiff?

The person who files the complaint against another person or party

What is usually the goal of a civil lawsuit?

To seek monetary damages (money, not jail time).

What is a summons in a civil case?

An official notice sent to the defendant to inform them they are being sued.

What is “pretrial discovery” in a civil case?

The stage where both sides gather facts and evidence before trial.

What are three common ways a civil case is resolved without a trial?

Settlement, pretrial conference, and mediation.

In a civil trial, who decides the verdict?

A judge or a jury (usually 6–12 people).

What are civil liberties?

Protections that citizens have against abusive government power.

What are the Bill of Rights?

The first 10 amendments to the Constitution, originally applying only to the federal government.

What is selective incorporation?

The process where the Supreme Court applies the Bill of Rights to the states through court cases.

What are sunshine laws?

Laws requiring government meetings to be open to the public.

What five freedoms does the 1st Amendment guarantee?

Freedom of speech, press, religion, petition, and assembly.

What is pure speech?

Speech that involves only spoken or written words.

What is speech-plus?

Speech that involves both words and actions (e.g., protest signs).

What is symbolic speech?

Nonverbal expression like flag burning or wearing armbands.

What are types of unprotected speech?

Obscenity, pornography, fighting words, seditious speech, and defamatory speech (libel & slander).

What is libel?

Written defamation of someone's character.

What is slander?

Spoken defamation of someone's character.

What is the Clear and Present Danger Test?

Speech can be limited if it is likely to lead to immediate harm.

What is prior restraint?

Government censorship before something is published (usually unconstitutional).

What are shield laws?

Laws protecting journalists from revealing sources—none at the federal level.

What is the Establishment Clause?

Prevents Congress from creating a national religion.

What is the Free Exercise Clause?

Protects the right to practice any religion.

Who is a conscientious objector?

Someone who refuses military service due to religious beliefs.

What are limits on the right to assemble and petition?

Must be peaceful and lawful; can't assemble on private property without permission.

What is a bill of attainder?

A law declaring someone guilty without a trial—unconstitutional.

What is an ex post facto law?

A law that makes an act illegal after it was committed—unconstitutional.

What is habeas corpus?

A legal action requiring someone under arrest to be brought before a judge—can’t be suspended without cause.

What does the 4th Amendment protect?

against unreasonable searches and seizures—requires a warrant with probable cause.

What is the exclusionary rule?

Evidence obtained illegally can't be used in court.

What are Miranda Rights?

The rights read to a suspect during arrest (right to remain silent, right to an attorney, etc.).

What rights are protected by the 5th Amendment?

Grand jury, double jeopardy, self-incrimination, due process, and eminent domain.

What is double jeopardy?

Being tried twice for the same crime—prohibited by the 5th Amendment.

What is self-incrimination?

Being forced to testify against yourself—protected against by the 5th Amendment.

What is eminent domain?

The government must give just compensation when taking private property.

What are the rights guaranteed by the 6th Amendment?

Speedy and public trial, trial by jury, being informed of charges, confronting witnesses, and right to a lawyer.

What was the outcome of Gideon v. Wainwright?

States must provide a lawyer to defendants who can’t afford one.

What does the 7th Amendment guarantee?

Right to a jury trial in civil cases over $20.

What does the 8th Amendment prohibit?

Excessive bail and cruel and unusual punishment.

Is the death penalty constitutional?

Yes, if applied fairly through a two-stage trial (guilt, then punishment).

What is the 9th Amendment about?

Protects rights not specifically listed in the Constitution (e.g., right to privacy).

What is the Due Process Clause of the 14th Amendment?

States can't take away life, liberty, or property without fair legal procedures.

What’s the difference between substantive and procedural due process?

Substantive = fairness of laws themselves; Procedural = fairness of how laws are enforced.

What’s the difference between civil liberties and civil rights?

• Civil Liberties = Freedoms from government abuse (e.g. speech, religion)

• Civil Rights = Protections by the government against discrimination

What are the two key clauses in the 14th Amendment?

• Due Process Clause (no unfair laws or procedures)

  • Equal Protection Clause (laws apply equally to everyone)

What did Dred Scott v. Sanford decide?

Slaves were property, not citizens.

What did Plessy v. Ferguson decide?

“Separate but equal” is constitutional (legalized segregation).

What did Brown v. Board of Education do?

Overturned Plessy; ended segregation in schools.

What did the 13th, 14th, and 15th Amendments do?

• 13th – Abolished slavery

• 14th – Citizenship + equal protection

• 15th – Voting rights regardless of race

What were some Jim Crow tactics used to block voting?

Grandfather clauses, poll taxes, literacy tests, white primaries

What was civil disobedience, and who led it?

Peacefully breaking unjust laws (e.g. sit-ins, bus boycotts); led by MLK, Rosa Parks, NAACP

What did the Civil Rights Act of 1964 ban?

Public segregation and job discrimination (based on race, gender, religion, ethnicity)