S2 District Assessment Study Guide

Directions: Answer the following questions about the structure of the judicial system and the courts.

Question

Your Response

The Judicial Branch has the power to do what to laws?

Interpret the law, determine the constitutionality of the law, and apply the law to individual cases. 

According to the constitution, all citizens fall under the concept of Rule of Law. Define this term.

All people are treated equally under the law and no one is above the law, no matter their status.

The court system is often broken up between the federal court system and the state courts. What is this an example of?

Dual courts

What does the term Judicial Review mean? What court case established this ability of the Judicial Branch?

The power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. The Marbury vs Madison case gave the Judicial Branch the authority to interpret the Constitution and decide whether laws passed by Congress align with it. 

What is the highest court in the State of Maryland?

The Supreme Court of Maryland

Directions: Complete each box for each of the following amendments below.

Amendment

Rights Under the Amendment

1st Amendment

Free speech

4th Amendment

No unreasonable searches or seizures. 

5th Amendment

No self incrimination. Police are required to read you your Miranda rights.

6th Amendment

The right to legal representation

8th Amendment

No excessive bail or any cruel and unusual punishments

14th Amendment

Equal Protection Clause: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Criminal Trial Vocabulary

Definition

Prosecutor

Someone who is accusing you of a crime and trying to prove that you are guilty.

Defendant

Someone who is accused of a crime.

Subpoena

A writ ordering someone to come to court.

Habeas Corpus

A legal procedure that allows a prisoner to challenge their sentence.

Burden of Proof

The government is required to provide evidence to prove that the defendant did the crime.

Indictment

A formal accusation that a person has committed a crime.

Plea Bargain

The defendant and prosecutor agree to reduce the defendant’s punishment.

Sentence

Confinement in prison as a punishment if you are convicted of a crime

Civil Trial Definition

Definition

Plaintiff

A person who brings a case to court

Defendant

The person who was charged or sued in a case 

Mediation

A negotiation made by a third party. The mediation is only final if all parties come to an agreement.

Settlement

An agreement that settles an agreement

Preponderance of Evidence

An amount of evidence that something is more likely than not

Plea Bargain

Prosecutors agree to reduce a defendant's punishment

Deposition

Taking a witness’ testimony outside of court

Directions: For each court case, record the majority opinion and the amendment that corresponds to that case. Make sure to record in your own words, since you will need to remember for the assessment.

Supreme Court Case

Majority Opinion

Amendment Related to Case

McDonald vs. Chicago

5-4 Decision for Otis McDonald

Fourteenth Amendment and the Second Amendment. The 14th Amendment makes the 2nd Amendment right to keep and bear arms for the purpose of self defense to the states.

Baker vs. Carr

6-2 Decision for Baker

14th Amendment. The people in Tennessee were not represented properly because of the population. Many people living in the city were underserved. 

US vs. Nixon

Unanimous decision for the US.

Brown vs. Board of Ed.

Unanimous decision for Brown

14th Amendment. Separate but unequal education violates the Equal Protection clause.  

New Jersey vs. TLO

6-3 decision for NJ

4th Amendment. The school administration can search if they have a reason.