Quizlet 7

Number of justices on the United States Supreme Court

9 justices, one chief justice and 8 associate justices

What is a dual court system, and what two levels comprise this legal system in the US?

A dual court system is the structure of the U.S. courts in which that the federal government has a court system and procedures separate from the states, the dual court system is comprised of the federal and state governments

List and discuss one type of specialized court.

Specialized courts are also known as problem solving courts developed as a means of addressing a particular type of offenses and offenders. An example of a specialized court would be domestic violence courts, which are courts that were developed in the 90's specific to dealing with cases involving an intimate partner or domestic violence. Domestic violence courts focus on making sure the victim is safe and holding the offender accountable.

True or False: Both state and federal appeals can end up at the United States Supreme Court.

True

Provide a 4-5 sentence background on the Gideon v. Wainwright case.

Gideon v. Wainwright was a case that was decided in 1963, Gideon was a transient that had little to no education and was in and out of jail for non violent crimes his entire life. Gideon was arrested for breaking and entering and when he appeared in court he did not have a lawyer, so he asked the judge to appoint him counsel. The judge refused Gideon's request for court appointed counsel forcing him to defend himself, which he did and he was found guilty and sentenced to 5 years in prison. He appealed this decision in the Florida Supreme Court which was denied and then appealed this decision in the US supreme court which reversed and remanded the decision and overruled Betts v. Brady.

Why do people argue that the Brown v. the Board of Education decision was a form of judicial activism?

People argue that the Brown v Board of Education decision was a form of judicial activism because they thought the judges were interpreting laws to further their own agendas, they were accused of writing new law which was the job of the legislature because they did not acknowledge the precedent set in Plessy v Ferguson

Why did the Supreme Court rule the way it did in the Gideon v. Wainwright case?

The Supreme Court ruled the way it did in the Gideon v Wainwright case because with way the court system is designed, someone who is brought in to court that is too poor to afford a lawyer will not be assured to receive a fair trial without counsel being provided.

What did the Supreme Court say about the right to counsel in the Gideon v. Wainwright decision?

The Supreme Court said that under the sixth amendment the guarantee of counsel is a fundamental right that is essential to trial and applies to the states through the due process clause of the fourteenth amendment.

Look up Justice Earl Warren and the due process revolution. Write a 3-4 sentence summary of Justice Warren's role in the due process revolution (your summary should make it clear that you understand what the due process revolution was).

The due process revolution was a series of cases in the US Supreme Court that were heard by Justice Earl Warren, this series of cases was also known as Warren Court. During this period the court further developed the civil rights of defendants. Warren's role in the due process revolution was a big one, he decided on cases that called for an end to racial segregation, expanded civil liberties and incorporated the bill of rights (14th amendment).

What is the two-pronged test that appellate courts use to define "effectiveness" when they review appeals where defendants claim their legal representation was unconstitutionally defective? The test came out of Strickland v. Washington.

The two pronged test is a test that was established in the Strickland v. Washington case that was a test for an ineffective assistance of counsel claim. The test states that the defendant must provide two things which are that the counsels performance fell below an objective standard of reasonableness and that the counsel's performance gives rise to reasonable probability that if they had performed adequately the results would not be the same.