History Chapter 8 Quiz

Judiciary Act of 1789

First Bill introduced in Senate. Created five associate justices for Supreme Court

Constitutional

____ courts are created by Congress's authority under Article III. Supreme Court is one, but not created by Congress

Jurisdiction

Right of a court to hear and decide a case

Judges

Chief decision-makers of the federal judiciary. Known as justices in Supreme Court.

American Bar Association

Professional interest group that has most influence on President and his choice of a federal judge

Trial

Official examination of available evidence in a court of law

Grand jury

13 to 20 people assembled to determine if there is sufficient evidence to try a case

United States District Courts

Possess original jurisdiction (right to be first to hear and decide a case)

Evidence

Material presented as proof

Brief

Written argument of a lawyer

Trial jury

6 to 12 jurors from federal jury who hear a case in court and determine a verdict

7th

The ___ Amendment gives the right to trial by jury in federal civil cases involving more than $20

Exclusionary Rule

States that illegally obtained evidence in inadmissible in court

Appeal

Request that a higher court review case records and verdict of lower court

Appellate jurisdiction

Right of a court to review the ruling of a lower court

Precedents

Past decisions involving similar cases

Supreme Court

Highest tribunal of the U.S.

9

How many justices serve in the Supreme Court? (in numerals)

Judicial review

Right of a court to declare a law, or action based on that law, unconstitutional

John Marshall

Asserted for the Court the right of Judicial review during the Marbury v. Madison case

Writ of certiorari

Petition for a court to hear a case

Discretionary review

Power of the Supreme Court to decide not to hear a case

Amicus curiae

Individuals not involved in a case who have an interest in its outcome

Conference handshake

Tradition of Supreme Court justices to shake hands before conference

Opinion Day

Final stage of Supreme Court's decision making process in which justices present their opinions in public sessions

Judicial restraint

Interpretation of Constitution as it stands

Judicial activism

Going “beyond four corners” of Constitution; used to pass Roe v. Wade

Bill of rights

Statement of individual citizens’ legal privileges which may not be taken away by civil government

1st

The ___ Amendment grants freedom of speech, religion, press, and petition

Establishment clause

First statement of 1st Amendment

Free exercise clause

Second statement of 1st Amendment

Lemon Test

Used by Supreme Court in deciding establishment clause cases

Libel

False writing intended to destroy another person's reputation

Slander

False speech intended to destroy another person's reputation

2nd

The ___ Amendment grants the right to keep and bear arms

Militia

Armed citizenry

Brady Law

Restricts sale of handguns by requiring a waiting period for the purchase of a handgun

3rd

The ___ Amendment affirmed property rights by prohibiting soldiers from quartering in homes without Owner's consent

4th

The ___ Amendment protects citizens from unwarranted searches

Warrant

Written statement written by Judge allowing officers to search for a specific thing in a specific place

5th

The ___ Amendment prevents a person from being charged for the same crime twice, protects his property and life, and prevents him from being forced to witness against himself

Capital crime

Crime punishable by death

Court-martial

Special military court which tries members of US Armed Forces

6th

The ___ Amendment grants the right to a speedy and public trial

8th

The ___ Amendment prevents for excessive bail or fines to be issued, and prevents cruel and unusual punishment

10th

The ___ Amendment states that powers not delegated the US will be reserved for the states or to the people, except those prohibited to state by Constitution

11th

The ___ Amendment deals with lawsuits filed against states in federal court

13th

The ___ Amendment abolished slavery

14th

The ___ Amendment established civil rights and granted black Americans citizenship

16th

The ___ Amendment empowered Congress to lay personal income tax

17th

The ___ Amendment provided for the direct election of senators by voters of the state

18th

The ___ Amendment prohibited the production, transportation, and sale of alcoholic beverages

19th

The ___ Amendment granted women the right to vote (suffrage)

21st

The ___ Amendment repealed (canceled) the prohibition of alcohol

27th

The ___ Amendment placed restrictions on Congress’ power to raise its own salary