Legal System Overview and Amendments

These flashcards cover key concepts related to the legal system, important cases, types of courts, amendments, and civil liberties.

What is the difference between criminal and civil law?

Criminal law involves violations of laws (e.g., murder), while civil law pertains to disagreements between people (e.g., divorce).

What is a plaintiff?

The plaintiff is the party that is suing in a legal case.

What is a defendant?

The defendant is the party being sued in a legal case.

What is precedent? Provide an example.

Precedent is a previous case that serves as a model for future cases; an example is Brown v. Board of Education.

What does stare decisis mean?

Stare decisis refers to the legal principle of maintaining precedent.

What are the three main types of courts in the federal system?

US Supreme Court, US Court of Appeals, and District Court.

What is original jurisdiction?

Original jurisdiction is where a case is first heard; an example is a trial court.

What is concurrent jurisdiction?

Concurrent jurisdiction occurs when both state and federal courts can claim jurisdiction over a case.

What is appellate jurisdiction?

Appellate jurisdiction is the power of a higher court to review and change the decision of a lower court.

What is Amicus Curiae?

Amicus Curiae is a Latin term meaning 'friend of the court,' referring to someone who is not a party in a case but offers information.

What is a writ of Certiorari?

A writ of Certiorari is an order by a higher court to review the decision of a lower court.

What is a plea bargain?

A plea bargain is an agreement in which a defendant pleads guilty to a lesser charge in exchange for a reduced sentence.

What does due process of law mean?

Due process of law ensures a person receives fair treatment through the normal judicial system.

What is judicial review?

Judicial review is the power of the courts to declare an act unconstitutional.

What happened in McCulloch v. Maryland?

The court ruled that the federal government could establish a bank and that Maryland could not tax it, affirming the supremacy clause.

What is the supremacy clause?

The supremacy clause establishes that federal law takes precedence over state law.

What is judicial activism? Provide an example.

Judicial activism involves judges changing or interpreting precedent; an example is Brown v. Board of Education.

What is judicial restraint? Provide an example.

Judicial restraint means upholding established precedents; an example is NY v. Lochner.

What is a bailiff?

A bailiff is a police officer in a court of law.

What does the solicitor general do?

The solicitor general represents the United States in cases before the Supreme Court.

What is the role of a district attorney?

A district attorney represents the government in the prosecution of criminal cases.

How are judges nominated to the Supreme Court?

Judges are nominated by the president and must be confirmed by the Senate.

What is senatorial courtesy?

Senatorial courtesy is the tradition that district judges need the approval of their state's senators to be confirmed.

What happened in Marbury v. Madison?

The case established judicial review when the court ruled Marbury would not receive his judgeship due to an unconstitutional act.

What is the Free Exercise Clause?

The Free Exercise Clause allows individuals to practice their religion without government interference.

What is the Establishment Clause?

The Establishment Clause prohibits the government from establishing an official religion or favoring one religion over another.

What is selective incorporation? Provide an example.

Selective incorporation is the process by which the Bill of Rights is applied to states via the 14th Amendment; an example is Gideon v. Wainwright.

What is the Lemon test?

The Lemon test determines if a law violates the Establishment Clause based on three criteria: must be secular, must not advance or inhibit religion, must not result in excessive entanglement.

What happened in Roe v. Wade?

The court established the framework for abortion rights by allowing women to choose within specific trimesters.

What happened in Obergefell v. Hodges?

The Supreme Court ruled to legalize same-sex marriage in all 50 states.

What is the Exclusionary Rule?

The Exclusionary Rule states that evidence obtained illegally cannot be used in court.

What is double jeopardy?

Double jeopardy is the legal principle that prevents an individual from being tried for the same crime twice.

What is Eminent Domain?

Eminent Domain is the government's right to take private property for public use with fair compensation.

What is the Equal Protection Clause?

The Equal Protection Clause mandates that individuals cannot be denied equal protection under the law.

What are Jim Crow laws?

Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States.

What does Title IX cover?

Title IX prohibits sex-based discrimination in any school or education program that receives federal funding.

What is the First Amendment?

The First Amendment protects freedoms of religion, speech, press, assembly, and petition.

What is the Second Amendment?

The Second Amendment protects the right to keep and bear arms.

What is the Third Amendment?

The Third Amendment prohibits the quartering of soldiers in private homes without the owner's consent.

What is the Fourth Amendment?

The Fourth Amendment protects against unreasonable searches and seizures and sets requirements for search warrants.

What is the Fifth Amendment?

The Fifth Amendment provides for the right to due process, prohibits self-incrimination and double jeopardy.

What is the Sixth Amendment?

The Sixth Amendment guarantees the right to a fair trial, an impartial jury, and to be informed of criminal charges.

What is the Seventh Amendment?

The Seventh Amendment guarantees the right to a jury trial in civil cases.

What is the Eighth Amendment?

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment.

What is the Ninth Amendment?

The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people.

What is the Tenth Amendment?

The Tenth Amendment affirms that the powers not delegated to the United States by the Constitution are reserved to the states or the people.

What is the Eleventh Amendment?

The Eleventh Amendment limits the ability of individuals to sue states in federal court.

What is the Twelfth Amendment?

The Twelfth Amendment outlines the procedure for electing the President and Vice President.

What is the Thirteenth Amendment?

The Thirteenth Amendment abolished slavery and involuntary servitude.

What is the Fourteenth Amendment?

The Fourteenth Amendment grants citizenship to all persons born or naturalized in the United States and ensures equal protection under the law.

What is the Fifteenth Amendment?

The Fifteenth Amendment prohibits the federal and state governments from denying a citizen the right to vote based on race.

What is the Sixteenth Amendment?

The Sixteenth Amendment allows Congress to levy an income tax.

What is the Seventeenth Amendment?

The Seventeenth Amendment provides for the direct election of United States Senators by the people.

What is the Eighteenth Amendment?

The Eighteenth Amendment prohibited the manufacture, sale, and transportation of alcoholic beverages (Prohibition).

What is the Nineteenth Amendment?

The Nineteenth Amendment granted women the right to vote.

What is the Twentieth Amendment?

The Twentieth Amendment sets the dates for the beginning and ending of the terms of the President, Vice President, and Congress.

What is the Twenty-First Amendment?

The Twenty-First Amendment repealed the Eighteenth Amendment, ending Prohibition.

What is the Twenty-Second Amendment?

The Twenty-Second Amendment limits Presidents to two terms in office.

What is the Twenty-Third Amendment?

The Twenty-Third Amendment grants the District of Columbia electoral votes in the Electoral College.

What is the Twenty-Fourth Amendment?

The Twenty-Fourth Amendment prohibits the use of poll taxes in federal elections.

What is the Twenty-Fifth Amendment?

The Twenty-Fifth Amendment establishes procedures for presidential succession and disability.

What is the Twenty-Sixth Amendment?

The Twenty-Sixth Amendment lowers the voting age to 18 years.

What is the Twenty-Seventh Amendment?

The Twenty-Seventh Amendment prevents any law that changes the salaries of members of Congress from taking effect until after the next election.

What is a writ of Habeas Corpus?

A writ of Habeas Corpus is a legal order requiring that a person be brought before a judge to secure their release unless lawful grounds are shown for their detention.

How many judges currently serve on the Supreme Court?

Currently, there are 9 justices serving on the Supreme Court.

How long do Supreme Court justices serve?

Supreme Court justices are appointed for life, serving until they choose to retire, resign, or are removed for misconduct.

Who is the Chief Justice of the United States?

The current Chief Justice of the United States is John Roberts.

What does the Chief Justice do?

The Chief Justice presides over court sessions, leads the discussion of cases among justices, and sets the agenda for court meetings.

How is the size of the Supreme Court determined?

The size of the Supreme Court is determined by Congress, which has the authority to legislate changes to the number of justices.

Who are the current members of the Supreme Court?

The current members of the Supreme Court are:

1. John Roberts (Chief Justice)
2. Clarence Thomas
3. Samuel Alito
4. Sonia Sotomayor
5. Elena Kagan
6. Neil Gorsuch
7. Brett Kavanaugh
8. Amy Coney Barrett
9. Ketanji Brown Jackson