Judicial Branch Study Guide Notes

The Judicial Branch interprets the law and administers justice in the United States.

Highest Court: The Supreme Court is the paramount judicial authority in the U.S.
Justices: The president appoints Supreme Court justices to serve lifetime terms.
Number of Justices: There are nine justices on the Supreme Court.
Head of the Supreme Court: The head is known as the Chief Justice.

Judicial Review: The power of courts to assess whether a law is in compliance with the Constitution.
Court’s Authority: A court’s authority to hear and decide cases is known as its jurisdiction.
Civil Cases: In civil cases, a plaintiff is the person who initiates the case alleging harm. Typical examples involve noncriminal matters, such as contract disputes or patent infringements.
Appeals: A person who lost a case in a lower court can ask for a review or appeal to the higher court.

There are two main court systems in the United States: Federal and State courts.

McCulloch v. Maryland (1819): Asserted federal supremacy and stated, "the power to tax … is the power to destroy."
Dred Scott v. Sandford (1857): Declared slaves as property, nullifying the Missouri Compromise.
Gideon v. Wainwright: Required state courts to provide attorneys to defendants unable to pay.
Korematsu v. United States: Upheld the constitutionality of internment camps for Japanese Americans during WWII.
Brown v. Board of Education: Ruled that separate is NOT equal, requiring public schools to desegregate.
Miranda v. Arizona: Established that individuals must be informed of their rights before being arrested and questioned.
Mapp v. Ohio: Determined that evidence obtained unlawfully cannot be used against defendants in criminal trials.
Tinker v. Des Moines: Upheld students' right to free expression, allowing them to wear armbands in protest.
New Jersey v. T.L.O.: Established that students have limited rights regarding search and seizure in schools.
U.S. v. Nixon: Held that the president cannot claim “executive privilege” to keep information secret when national interests are at stake.

The burden of proof is higher in criminal courts than in civil courts. (True)
Misdemeanors are NOT more serious crimes than felonies. (True)
The Supreme Court does NOT have original jurisdiction over disputes between states. (False)
Most cases reach the Supreme Court via writ of certiorari. (True)

Engel v. Vitale - E: No school sponsored prayer.
Lemon v. Kurtzman - B: Created 3 prong test for state aid to private schools.
Schenck v. U.S. - A: No inciting people to ignore the draft.
Tinker v. Des Moines - D: Allowed students to wear armbands.
Texas v. Johnson - G: It is legal to burn a flag.
New York Times v. U.S. - C: Gov’t has no prior restraint in publishing.
Miller v. California - F: Establishes rules for obscene materials.
Mapp v. Ohio - J: Exclusionary rule applies in state cases.
New Jersey v. T.L.O. - L: Reasonable suspicion standard for searches in school.
Miranda v. Arizona - I: Rights must be read before detention.
Furman v. Georgia - K: Death penalty without guidelines is not legal.
Korematsu v. U.S. - H: National security over civil liberties.
Gideon v. Wainwright - O: Right to attorney provided by the state.
Dred Scott v. Sandford - N: Slaves were not citizens.
Plessy v. Ferguson - R: Segregation legal as long as accommodations are equal.
Brown v. Board of Education - M: Ended segregation.
Regents of University of California v. Bakke - P: Race can factor into admissions.
McCulloch v. Maryland - S: Congress can do more due to the elastic clause.
U.S. v. Nixon - Q: President's power of secrecy limited by national interests.