Unit 5

  • What is judicial power?

    • The power to judge the laws and equity under the Constitution
    • constitutionality of the law
    • applies law to individual cases

  • Who establishes courts besides the Supreme Court?

    • congress
    • they work hand in hand with each other and the president

  • What is the term for federal judges?

    • lifelong or upon removal

  • What is jurisdiction?

    • the legal right to hear the case

  • What kinds of cases does the Supreme Court possess jurisdiction?

    • Constitution related issues
    • treaties
    • interstate controversies
    • land grants within 2 different states
    • elected officials
    • Maritime

  • Where do all other cases begin?

    • at the point of origin
    • in the state where it all started

  • What is original jurisdiction?

    • the court that is the first to hear the case

  • What is the requirement for criminal trials?

    • the jury and the origin

  • Where should a criminal trial take place?

    • in the state in which the crimes were committed

  • What is the definition of treason?

    • war or siding with the enemies

  • What is required to convict someone of treason?

    • the testimonies of 2 witnesses
    • OR
    • The confession during court

  • Key Article III terms or terms

    • arraignment -- the notification of charges and entrance of the plea
    • SCOTUS

  • Know the dual courts flow chart and jurisdiction

    • paper * knowing how you are able to appeal to different courts depending on federal or state level situation.

  • {{Be able to determine which court has jurisdiction in a case{{

  • What is judicial activism?

    • “the willingness of a judge to overturn laws by declaring them unconstitutional”
    • occurs when political or social forces butt heads against part of the Constitution or specific laws.”

  • What is judicial restraint?

    • “the belief that judges should limit their power over legislation”

  • Be able to explain biblical justice

    • Biblical justice is defined as “rendering to each other what is due.”
    • It focuses on how the human race is aligned with Christ. We know that if Jesus were to truly put justice into place, everyone would be guilty and in deservedness of a punishment which is death and separation from God. But God didn’t want his children to be separated from him. So he sent his only son down to earth to take on human flesh and pay the price of the punishment that we could never owe. Biblical justice continuously leans into the idea of how each and every individual is valuable and worthy. We should look to use biblical justice as the “eyes” we look at the world through.

  • Know procedural requirements for getting fugitives, forming a separate state

    • Full faith in credit
    • forming a new state would require the consensus of both states congress
    • legislative of both states and congress
    • approval from a federal level

  • Supremacy of Constitution

    • It reigns over all cases

  • Protections of states

    • Article 4 section 4
    • protects against invasion and domestic violence

  • living Constitution -- a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text

  • originalist approach -- an approach to constitutional interpretation that envisions the document as having a fixed meaning that might be determined by a strict reading of the test or the Framers’ intent

  • importance of arraignment?

  • importance of judicial activism and judicial restraint