Unit 4 Test

Judicial Review

The power of the courts to declare laws unconstitutional, established in Marbury v. Madison (1803).

Stare Decisis

The legal principle of following precedents set by previous court decisions.

Judicial Activism

Judicial philosophy where courts take an active role in interpreting laws and may create new policies.

Judicial Restraint

Judicial philosophy where courts defer to the legislature and uphold laws unless they are clearly unconstitutional.

Amicus Curiae Briefs

Documents submitted by non-litigants to advise the court on a case, meaning 'friend of the court'.

Writ of Certiorari

A request by the Supreme Court to review a lower court's case.

Rule of Four

At least four justices must agree to hear a case in the Supreme Court.

1st Amendment

Protects freedom of speech, religion, press, assembly, and petition.

4th Amendment

Protects against unreasonable searches and seizures.

Civil Rights Act of 1964

Legislation that banned segregation and discrimination based on race, color, religion, sex, or national origin.

Voting Rights Act of 1965

Legislation that aimed to eliminate barriers to voting for African Americans.

Equal Protection Clause

Part of the 14th Amendment that provides for equal protection under the law.

Brown v. Board of Education

Supreme Court case that overturned segregation in public schools.

Roe v. Wade

Supreme Court case that recognized a woman's right to have an abortion under the right to privacy.

Miranda Rights

Rights that must be read to a suspect before interrogation, stemming from Miranda v. Arizona.

Federalist No. 78

An essay arguing for an independent judiciary and the importance of judicial review.

5th Amendment

Protects against self-incrimination and double jeopardy.

6th Amendment

Guarantees the right to a fair trial.

Dissenting Opinion

An opinion written by a justice who disagrees with the majority ruling.

Concurring Opinion

An opinion that agrees with the majority ruling but for different reasons.

Marbury v. Madison (1803)

Court Case Established the principle of judicial review, allowing courts to declare laws unconstitutional.

Engel v. Vitale (1962)

Ruled that school-sponsored prayer is unconstitutional, violating the Establishment Clause of the First Amendment.

Tinker v. Des Moines (1969)

Protected symbolic speech in schools, affirming students' rights to express themselves without disruption.

Schenck v. U.S. (1919)

Upheld the conviction of a man for distributing leaflets against the military draft, establishing the 'clear and present danger' test.

New York Times Co. v. U.S. (1971)

Limited prior restraint, allowing the publication of the Pentagon Papers, emphasizing freedom of the press.

Mapp v. Ohio

Established the exclusionary rule, which prohibits the use of illegally obtained evidence in court.

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for defendants in criminal cases who cannot afford one.

Miranda v. Arizona (1966)

Established the requirement for police to inform individuals of their rights (Miranda rights) during interrogation.

Barron v. Baltimore (1833)

Determined that the Bill of Rights did not apply to state governments at that time.

Gitlow v. New York (1925)

Applied the First Amendment's free speech protections to the states through the doctrine of selective incorporation.

McDonald v. Chicago (2010)

Applied the Second Amendment's right to bear arms to the states, reinforcing individual gun rights.

Bakke v. California (1978)

Limited affirmative action policies by ruling that racial quotas in college admissions were unconstitutional.

14th Amendment

gives citizenship to everyone born in the U.S. and ensures they are treated equally under the law.

appellate jurisdiction

Power of a higher court to review and change the decisions of lower courts.

10th Amendment

• (ADMENDMENT) Powers not given to the federal government are reserved for states

District Court

The trial courts of the federal system, with original jurisdiction to hear cases that fall under federal law.

• NUMBER OF COURTS: 94 federal district courts

• NUMBER OF JUDGES: 1 judge per case, potentially more for larger cases

• JURISDICTION: Original jurisdiction in both civil and criminal cases

• POLICY IMPLICATIONS: Decisions can set precedents and affect local jurisdiction outcomes.

Courts of Appeal

Review decisions from District Courts and federal agencies, providing a check on legal interpretations.

• NUMBER OF COURTS: 13 circuits (including the D.C. Circuit)

• NUMBER OF JUDGES: Typically, 3 judges hear each case

• JURISDICTION: Appellate jurisdiction, reviewing lower court decisions for legal errors

• POLICY IMPLICATIONS: Influences the interpretation of federal law and can set broader legal precedents across jurisdictions.

Supreme Court

Has ultimate appellate jurisdiction over all federal and state court cases involving a point of federal law.

• NUMBER OF COURTS: 1 Supreme Court

• NUMBER OF JUDGES: 9 justices

• JURISDICTION: Appellate jurisdiction, plus original jurisdiction in specific cases

• POLICY IMPLICATIONS: Its decisions can set nationwide legal precedents and affect legislation and social policy on a broad scale.