U5 Study Guide - Judicial Branch

Judicial Branch Study Guide

Section 1 - Matching

  • 1. Judicial Review

    • The right of courts to interpret laws and declare acts unconstitutional.

  • 2. Judicial Activism

    • Belief that courts should play an active role in solving social problems.

  • 3. Defamation

    • False written or spoken expression that damages someone's reputation.

  • 4. Gag Order

    • Court order limiting media coverage to ensure a fair trial.

  • 5. Prior Restraint

    • Government prevention of material being published.

  • 6. Writ of Certiorari

    • Document asking the Supreme Court to review a lower court decision.

  • 7. Majority Opinion

    • Written decision explaining the Court's ruling and reasoning.

  • 8. Dissenting Opinion

    • Written statement by justices who disagree with the ruling.

  • 9. Concurring Opinion

    • Written statement that agrees with the outcome but for different reasons.

  • 10. Chief Justice

    • Head of the U.S. Supreme Court.

  • 11. Defendant

    • Person or group being sued or accused.

  • 12. Plaintiff

    • A person or group bringing a lawsuit in civil court.

  • 13. Precedent

    • Guiding example for future cases.

Section 1.2 - Landmark Cases

  • 1. Engel v. Vitale

    • Banned school-sponsored prayer.

  • 2. Tinker v. Des Moines

    • Upheld students' right to peaceful protest.

  • 3. Bethel School District v. Fraser

    • Limited lewd or indecent speech in schools.

  • 4. Board of Education v. Earls

    • Allowed student drug testing for extracurricular activities.

  • 5. New Jersey v. TLO

    • Limited unreasonable student searches by administrators.

  • 6. Marbury v. Madison

    • Established the power of judicial review.

  • 7. National Socialist Party v. Skokie

    • Right to free speech and assembly, even for unpopular opinions.

Section 2 - Fill In the Blank

  1. The burden of proof in a civil case is based on the strength/overwhelming evidence.

  2. The court system was designed with a dual structure—both federal and state courts.

  3. In a criminal case, the prosecution brings the case against the accused.

  4. The Supreme Court reviews petitions sent to the Supreme Court and decides which cases to hear.

  5. Out of roughly 10,000 petitions each year, the Supreme Court hears about 1%.

  6. The main function of the Supreme Court is to interpret laws and ensure they align with the Constitution.

  7. The first step in the criminal justice process is arraignment.

Section 3 - True/False

  1. True/False: The concept of judicial review was established by Marbury v. Madison.

    • True

  2. True/False: Judicial restraint means judges should interpret laws based strictly on the Constitution.

    • True

  3. True/False: Probation allows a convicted person to avoid jail time under supervision.

    • True

  4. True/False: The First Amendment guarantees the right to a fair trial and legal counsel.

    • False: The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.

  5. True/False: The Free Exercise Clause of the First Amendment protects the right not to practice any religion.

    • False: The Free Exercise Clause protects the right to practice religion freely.

Section 4 - Multiple Choice

  1. Which type of court has original jurisdiction?

    • C. District Court

  2. What was the most important reference for the American legal system?

    • C. English Common Law

  3. The belief that courts should leave policymaking to elected officials is called:

    • D. Judicial Restraint

  4. Who nominates Supreme Court justices?

    • C. The President

  5. What must happen after the President nominates a Supreme Court justice?

    • A. The Senate confirms or rejects the nomination

  6. Which of the following best describes due process?

    • B. A fair legal procedure

  7. Which type of crime involves harm to a person, such as assault or homicide?

    • C. Personal Crime

  8. An inchoate crime is one that:

    • B. Is unfinished or planned but not carried out

  9. Which of the following is an example of a statutory crime?

    • C. Drug Possession

  10. Which of the following is an example of a Civil Case?

    • B. A lawsuit over a broken contract

Section 5 - Crime Classification Chart

  • Personal Crimes

    • Definition: Crimes that cause harm or threat to an individual.

    • Example: Assault, homicide, robbery.

  • Property Crimes

    • Definition: Crimes involving interferences with property.

    • Example: Burglary, theft, vandalism.

  • Statutory Crimes

    • Definition: Violations of specific statutes or regulations.

    • Example: Drug offenses, alcohol violations.

  • Inchoate Crimes

    • Definition: Planned or attempted crimes not completed.

    • Example: Attempted robbery, conspiracy.

Section 6 - Scenario: "The Case of the Broken Window"

  1. Investigation:

    • Police were called to a downtown sporting goods store after an alarm went off. Officers found a broken window and several missing items. Detectives gathered fingerprints, reviewed security footage, and interviewed witnesses.

  2. Arrest:

    • Officers located a suspect, 18-year-old Marcus, seen on camera leaving the store with a bag of equipment. They placed him under arrest, read him his rights, and brought him to the station.

  3. Indictment:

    • A grand jury issued an indictment formally charging Marcus with burglary and property damage.

  4. Arraignment:

    • Marcus appeared before a judge for the arraignment, where the charges were read, and the judge explained his rights.

  5. Bail:

    • The judge granted bail, allowing Marcus to remain free while awaiting trial as long as he followed the court's conditions.

  6. Plea Bargain:

    • Before the trial, Marcus's attorney and the prosecutor discussed a plea bargain, which Marcus rejected, insisting on his innocence.

  7. Trial:

    • During the trial, evidence was presented; the prosecution showed clear video proof of Marcus breaking the window and entering the store. The defense argued it was a misunderstanding.

  8. Verdict:

    • The jury reached a verdict of "guilty."

  9. Sentencing:

    • The judge considered Marcus' youth and lack of a prior record and ruled out the death penalty, imposing three years of probation instead.

  10. Community Service:

    • Marcus was ordered to pay $2,000 in fines to repair the facilities and complete 150 hours of community service.

  11. Appeal:

    • Marcus's lawyer filed an appeal asking a higher court to review whether the sentence was fair. The appellate court upheld the ruling, and Marcus began fulfilling the terms of his punishment.