Unit 6 study guide

  1. What is the difference between criminal, civil and tort law? Provide an example of each 

Criminal is a violation of federal, state or local laws- murder/ speeding.  Civil is a disagreement between people ie divorce - tort is when a product causes damage - hair product makes you bald.

2. What is the difference between a plaintiff and Defendant? 

Plaintiff is suing. Defendant is being sued.

3. What is Precedent? Provide an example.

Maintain precedent - Brown v. Board of ed

4. What is stare decisis? Provide an example.

Maintain precedent - Brown v. Board of ed

5. What are the three types of courts in the federal and state ? Draw the triangles. 

US supreme court, US court of appeals, District court      CA supreme Court, CA court of Appeals, Superior court 

6. What is original jurisdiction? Provide an example.

Where the case is first heard - Think Law and order 

7. What is Concurrent jurisdiction? Provide an example.

Both state and federal can have claim to charge - Rob a bank is charged by state and federal gov.

8. What is Appellate jurisdiction? Provide an example.

To appeal to a higher court to rectify an error or constitutional issue - Brown v. Board of ed.

9. What is Amicus Curiae?

Literally friend of the court.

10. What is a writ of Certiorari? 

Literally to make more certain. TO appeal to a higher court 

11. What is a plea bargain?

Plea to a lower crime for less punishment

12. What is a writ of Habeas Corpus?

Literally produce the body- Bring the person to court. 

13. What is due process of law? Provide an example.

Procedural due process - Procedural due process refers to the constitutional requirement that when the government acts in such a manner that denies a citizen of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.

Substantive due process - U.S. Supreme Court has determined that fundamental rights protected by substantive due process are those deeply rooted in U.S. history and tradition, viewed in light of evolving social norms. T

14. How is a case heard before the Supreme Court? What cases do the Supreme court hear according to original jurisdiction?

Petition for writ of certoriari - Need 4 judges to agree. - Cases involving state v. State and ambassadors

15. How many judges currently serve on the Supreme Court? How long? Who is the Chief Justice? What does the Chief justice do? How is the size of the court determined? 

9 - life - John Roberts, Chief justice speak 1st and last and runs meeting. Congress determine size of the court.

16. Who are the current members of the Supreme Court?

Clarence Thomas, Samuel Alito, Neal Gorsich, Brett Kavanaugh, John Roberts, Amy Coney Barrett, Elena Kagan, Sonia Sotomeyer, Ketanji Brown Jackson 

17. What is the difference between constitutional and special courts?

Constitutional courts are District court, appeals court us Supreme court

All other courts are legislative -Federal claims, tax court 

18. How does a person get nominated to the Supreme Court?

The president nominate candidate. Has hearing in Judiciary committee in senate. Needs majority of floor of senate.

19. What is senatorial courtesy? 

District judges need the approval of the senators from their state in order to be confirmed.

20. What happened in Marbury v. Madison? 

Adams made last minute appointments to judiciary but Marbury’s was not delivered. He sued for its delivery. The Court ruled that although Marbury had standing and the court could provide relief, nevertheless, he would not get the judgeship because he based his case on an unconstitutional element of the Judiciary act of 1789. It established Judicial Review

21. What is Judicial Review?

The power to declare an act unconstitutional. 

22. What happened in McCulloch v. Maryland?

Maryland tried to tax the US bank located in the state. McCulloch refused to pay. THe court ruled the government could have a bank through the implied powers / necessary and proper clause/ elastic clause. It ruled that MD could not tax it because the power to tax is the power to destroy- ie violation of supremacy clause 

23. What is the supremacy clause?

Federal government is supreme over the states 

24. What is Judicial Activism? Provide an example

When the judges change the precedent - Brown v. Board of Ed.

25. What is Judicial Restraint? Provide an example

When the judges uphold the precedent - NY v. Lochner

26. What happened in Miranda v. Arizona?

Miranda was arrested for kidnapping and rape. He confessed but claimed he did not know he could choose not to respond. The court ruled for miranda and this led to the creation of the miranda warnings 

27. What is a bailiff?

Police officer of a court 

28. What is the solicitor general?

THe attorney that argues for the US in the Supreme Court

29. What is a district attorney? 

Attorney that represents federal government in prosecution of crimes. 

30. How is the power of the Judiciary limited by the president?

President can choose to ignore the ruling. President chooses judges. 

31. How is the power of the Judiciary limited by Congress? 

Congress can impeach judges, decrease or increase its size, lower clerks or clerks pay

32. What is the difference between standing and mootness? 

Standing- In order to have standing to bring suit in federal court, the plaintiff must have suffered an "injury in fact." 

33. What is the dissenting opinion?

Opinion of the minority of the supreme court

34. What is a class action suit?

Multiple people damaged by a product or service and come together in one lawsuit

35. What are civil liberties?

Bill of rights

36. What are three rights expressed in the Original Constitution?

Right to trial by Jury, Due Process, and Habeas Corpus 

37. What are the Bill of Rights

1st 10 amendments of the constitution

38. What is selective incorporation? Provide an example

The process by which the bill of rights or other amendments are applied to the states through the 14th amendment Due Process Clause on a case by case basis - Ex Gideon v. Wainwright

39. What happened in Gideon v. Wainwright?

Gideon was accused of robbing a bar of a bottle of vodka and 2 packs of cigarettes. Gideon requested a lawyer at state expense since he could not afford one but was denied. Court ruled that the right to attorney applies to the states as well. 

       40. What is the Lemon test?

  1. Must be secular in origin

  2. Must not support or hinder religion

  3. Must not entangle religion and government

41. What is the Establishment Clause?

The inability of the government to support or hinder a religion

42. What is the Free Exercise Clause? 

Ability to practice your belief as you see fit.

43. What happened in Schenek v. US

Schenek was protesting out in front of a draft office claiming that the draft was slavery. He was arrested. THe court upheld the arrest because it created a clear and present danger. 

44. What happened in Engel v. Vitale?

Regents of  NY sought to have a non-denominational prayer start school in public schools. Parents sued. THe court ruled that leading the prayer was a violation of establishment clause 

45. What happened in NY TImes v. US?

Individual obtain the pentagon papers and ny times sought to publish them. The Federal government stated that it would damage national security. THe court ruled for NY Times.

46. What happened in Tinker v. Des Moines?

Tinker wore a black armband to school to protest the vietnam war. The school asked them to remove the armband but they refused and were suspended. The Court said the law was unconstitutional because although limited students do have some free speech provided it speech is not disruptive to the school mission

47. What happened in US v. Lopez?

Lopez brought a gun to school with the intent to sell it. Lopez was arrested and charged with violation of the federal gun free zones. The court ruled that law was unconstitutional expansion of the commerce clause.

48. What happened in McDonald v. Chicago?

McDonald, an ex cop, request a permit for keeping a gun in his home and was denied by the city of Chicago. THe Court ruled that the right to bear arms is fundamental right and applied 2nd amendment to the all the states 

49. What happened in Mapp v. Ohio

       Police tried to enter Mapp home without a warrant to search for bomb making equipment. They came back with a fake warrant and found porn (illegal in ohio at the time) and arrested Mapp. THe court ruled that evidence illegally obtained would not be admissible in court (Exclusionary Rule)

50. What happened in Roe v. Wade? 

Norma Smith (Roe) sought an abortion and was denied because her life was not in danger. She sued

The court established the 3 trimester system 1st trimester women could seek abortion without interference from Gov. 2nd Trimester - state can create small minor laws regarding abortion. 3rd trimester the state can ban abortion all together

51. What happened in Obergefell v. Hodges?

Allowed Gay Marriage in all 50 states 

52. What is the difference between slander and libel?

Slander is spoken lie with the intent to cause harm - Libel is written

53. What is “Clear and Present Danger” rule?

Free speech can be curbed if it causes clear and present danger- later present meant eminent

54. What is prior restraint?

Denies a publication from publishing a piece

55. What is speech plus? 

Actions / symbolic speech. Ie burning a flag / hand gesture

56. What is the exclusionary rule?

Evidence illegally obtained cannot be used in court 

57. What is a Grand Jury?

16-23 people who are present with evidence and determine if there is enough evidence to go to trial (ie indict) 

58. What is double Jeopardy?

You cannot be charged with the same crime twice

59. What is Eminent Domain? 

Ability of the government to take property provided it provides fair compensation

60. What is King position in Letter from Birmingham Jail?

That justice delayed is justice denied. That they tried to gather facts, negotiate, purify themselves and now is the time to act peacefully to cause the tension to lead to real negotiation. 

61. What constitutional amendment deals with racial justice?

14th Amendment

62. What happened in Plessy v. Ferguson?

Plessy (⅞ white) was asked to challenge a Louisiana law that segregated train cars. Plessy refused to leave when asked by train staff and was arrested. THe supreme court said that segregation was allowed as long as facilities were equal (separate but equal)

63. What happened in Brown v. Board of Education I and II? 

Linda Brown wanted to attend the all white school that was close to her home but was denied. Her parents sued that it was unconstitutional violation of the equal protection clause

The court ruled unanimously that segregation is inherently unequal 

64. What are civil rights?

guarantees of equal social opportunities and equal protection under the law, regardless of race, religion, or other personal characteristics.

65. What is the Equal protection clause

the idea that a governmental body may not deny people equal protection of its governing laws.

66. What are jim crow laws?

Laws that enforced segregation

67. What is the NAACP?

National Association for the Advancement of Colored People - Fights for equal rights for African Americans.

68. What is NAWSA? NWP? And NOW?

National American Women Suffrage Association / National Women’s Party / National Organization of Women. All fight for rights for women

69. What is strict scrutiny?

the government must show that there is a compelling, or very strong, interest in the law, and that the law is either very narrowly tailored or is the least speech restrictive means available to the government. Generally used with Race, religion, national origin, 

70. What is the difference between defacto and dejure segregation?

Defacto - is segregation because of people choice

Dejure - is segregation  because of law

71. What was stated in the Civil Rights Act of 1964?

In 1964, Congress passed Public Law 88-352 (78 Stat. 241). The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing. The Act prohibited discrimination in public accommodations and federally funded programs. It also strengthened the enforcement of voting rights and the desegregation of schools.

72. What was stated in the Voting Rights Act of 1965? 

Outlawed the discriminative laws that denied people of color the right to vote. Allowed Federal government to register people to vote. Would lower representation for states in violation of law

Outlawed poll taxes, Grandfather clauses, and literacy tests. Required preclearance for states with a history of discrimination in voting 

73.. What does EEOC do?

Equal Employment Opportunity Commission - ensures people are not discriminated against in seeking or while employed.

74. What is Title IX? 

Equality between sexes in school events and activity. Prevents harassment in schools.

75. What is redlining?

Refusing to loan money or sell property to people of color forcing them to live in designated areas

76. What is covered under intermediate scrutiny?

Discrimination based on gender, affirmative action, teenage pregnancy, public health, National defense, parental relationships

77. What is the ADA?

Provides that American with disabilities have access to public accommodations and are given appropriate accommodations in their workplaces

78. What is Affirmative Action?

In order to correct a history in which certain races were discriminated against for position in jobs or schools, Places provide a preference for people of those races to counteract the discrimination

79. What are the elements in the 1st Amendment?

Freedom of Religion, Freedom of Speech, Freedom of Press, Freedom of petition, Freedom of assembly, 

80. What is the 2nd Amendment?

Right to keep and bear arms

81. What is the 3rd Amendment?

No quartering of soldiers 

82. What is the 4th Amendment?

No search and seizure without a warrant

83. What are the elements of 5th Amendment

Right to remain silent / Due Process Federal Cases / No Double Jeopardy / Eminent Domain / Grand Jury

84. What are the elements of 6th Amendment

Jury trial/ Right to attorney/ Right to call witness or face witnesses / Speedy Trial

85. What is the 7th Amendment?

Civil Jury trials 

86. What are the elements of the 8th Amendment?

Bail/ No cruel and unusual punishment

87. What is the 9th amendment?

You have more rights

88. What is the 10th Amendment?

States provide you with additional rights provided they are not denied by the federal government

89. What is the 11th Amendment?

States can’t sue another state to force it to act as it wants

90. What is the 12 Amendment?

President and the Vice President are elected on separate ballots 

91. What is the 13th Amendment?

No Slavery except in prison

92. What is the 14th Amendment cover?

Equal Protection Clause / Due Process applied to States / Birthright Citizenship / insurrectionists can’t serve in congress or other office of US

93. What is the 15th Amendment?

Vote regardless of race 

94. What is the 16th Amendment?

Income Tax 

95. What is the 17th Amendment?

Direct election of senators 

96. What is the 18th Amendment?

Prohibition

97. What is the 19th Amendment?

Women can vote 

98. What is the 20th Amendment?

Set Inauguration of the President to Jan 20th and the Congress session to begin Jan 3rd

99. What is the 21st Amendment?

Ends Prohibition

100. What is the 22nd Amendment?

President is limited to two terms. If the president dies or resigns after the halfway mark of their term then the VP can serve the remaining term and run for two more terms 

101. What is the 23rd Amendment?

DC can vote in the Electoral College - 3 votes

102.What is the 24th amendment?

No Poll Tax

103. What is the 25th Amendment?

Presidential Succession / VP will become President if President resigns or dies / If the president is unable to fulfill duties can submit in writing to the Speaker and President Pro tempore of the Senate as such and the VP will be president until the President submits in writing the inability no longer exists/ The VP and a majority vote of the cabinet can temporarily remove the president due to disability. If the President disagrees the President shall submit a letter that affects the Speaker and the President Protempore of the Senate. The VP and Cabinet vote again and if again says a disability exists then a ⅔ vote of House and the Senate is needed to remove the President temporarily until disability is no longer present.

104. What is the 26th Amendment? 

  Oldest Minimum Age to vote is 18

105. What is the 27th amendment?

Congressional pay does not increase until the next term 

Study Plan to Learn for Exam in 5 Days

Day 1:

  • Morning: Study Criminal, Civil, and Tort Law differences.

  • Afternoon: Learn about Plaintiff and Defendant.

  • Evening: Focus on Precedent and Stare Decisis.

Day 2:

  • Morning: Study types of courts in federal and state systems.

  • Afternoon: Understand original, concurrent, and appellate jurisdiction.

  • Evening: Learn about Amicus Curiae and Writ of Certiorari.

Day 3:

  • Morning: Study Plea Bargain and Writ of Habeas Corpus.

  • Afternoon: Dive into Due Process of Law.

  • Evening: Understand how cases are heard before the Supreme Court.

Day 4:

  • Morning: Learn about the Supreme Court, Chief Justice, and its members.

  • Afternoon: Study Constitutional vs. Special Courts.

  • Evening: Focus on the nomination process to the Supreme Court.

Day 5:

  • Morning: Study Judicial Review, Activism, and Restraint.

  • Afternoon: Learn about Civil Liberties and Selective Incorporation.

  • Evening: Review Civil Rights development and Amendments in the Bill of Rights.

By following this study plan, you will be well-prepared for your exam covering a wide range of legal concepts and principles. Good luck with your studies!