The Judicial Branch & Civil Liberties

What is the exclusionary rule and what rights does it deal with?

A law that makes an act criminal although the act was legal when it was committed. The right to be free from unreasonable searches and siezures ( 4th amendment) Right not to be compelled to give evidence against one's self ( 5th amendment)

What is due process?

Denies the govt the right without due process, to deprive people of life, liberty, and property

Another name for federal trial courts?

District Courts

9th Amendment

Don't Draw the Line at Amendment 9 *The people have more rights then those just listened in the Constitution

What dilemma does the court face in granting or not granting certiorari?

During a SC case if a person cannot afford a lawyer or isn't participating in a criminal trial, interest groups representing a wide spectrum of opinion sometimes are willing to take up the cause if it seems important.

5th Amendment

I Plead th 5th *Petit jury decides guilt or innocences *Double jeopardy *No self incrimination (witnessed against themselves) *Right to due process *Right to Life, Liberty, and Property

What is the rule of 4?

If 4 justices agree to hear a case, a certorari is issued and the case is scheduled for a hearing.,

What are Civil Liberties?

Protections the constitution provides against the abuse of gov't power

10th Amendment

The People Come First & the States Come LAST *Protects states reserved powers

What is the the relationship between the Supreme Court and public opinion?

The SC is immune (don't pay much attention) to public opinion, but they can't completely ignore it.

In Korematsu vs US what effects did the courts ruling have on the right(s)/ Amendment(s) that were involved?

The SC ruled it constitutional at the time, and it still stands as Constitutional because no case has been brought to the SC for them to fix and rule as unconstitutional.

How does the Dred Scott case relate to the relationship between the SC and public opinion?

The SC voted in favor of slavery, whereas the people were against it. This ended up leading to the Civil War because the people didn't agree with how the SC was dealing with slavery.

What was the significance of Everson v. Board of Education?

The wall-of-seperation principle is announced

When is a police search not "unreasonable"?

When they have a search warrant When they have lawfully arrested you

What is Libel Speech?

Writing that falsely injures another

7th Amendment

You Get a Jury Trial if you Sew 7-11 *Right to jury trial in civil cases

2nd Amendment

You Have 2 Arms *Right to bear arms

What is the USA Patriot Act?

a law passed after 9/11 to give law enforcement agents greater power in fighting terrorism, including, more ease in conducting surveillance.

What is Judicial Review?

The right of Federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution.

What are the two court systems in America?

The state system- with laws created by state legislatures The Federal legal system which includes- -Laws of Congress -Treaties with other nations -The constitution

What is equal protection of the law?

a standerd of equal treatment that must be observed by the govt

Do interest groups, children, and corporations have free speech?

yes

8th Amendment

#8 Looks Like Handcuffs/ the "B" in Bail *Allowed out of jail on bail *Courts cannot fine a person too much

What does it mean to say that the judiciary branch is independent?

*They aren't elected by the people...they are appointed by the president *They serve for life (no set terms) *Basically they stay till death, and while the executive/legislative branch is dependent on the people (those who elect them), the judiciary branch is independent

What do the stories of President Jackson and President Eisenhower tell us about the importance of "executing" judicial decisions?

-Jackson did not support the courts authority so he did not enforce the laws that Indiana's could stay in their boundaries that where given to them. -Eisenhower however enforced the ruling of the courts by sending in troops to protect the Little Rock 9 *** This tells us that even if the other branches don't agree with the judicial ruling, they still must enforce it because the is what the SC ruled as constitutional***

What was the significance of Gitlow v New York?

-SC says the 1st amendment applies to states -Selective incorporation for the Freedom of Speech

When does the court "make policy"?

...

Each state has at least how many district courts?

1

If you are a public figure what 2 things must you prove in order to win a libel lawsuit?

1) The publication is false and damaging 2) The words were punished with actual malice

What are the 4 measures of the court's power to make policy?

1. 160 laws have been considered unconstitutional 2. Stare Decsis: allowing prior rulesto control the current one 3. Handling matters once left to the legislation 4. Remedies it Imposes

What is on the president's mind when he selects federal judges?

1. Do they share his beliefs/ ideologies? 2. Will they seem acceptable to the Senate? Especially the Senior Senator of their state?

What is Symbolic Speech?

An act that conveys a political message

When does the court grant certiorari?

1. If two lower courts decide on a case differently OR 2. If there is a constitutional question about a state law conflicting with the Constitution

How can the executive and legislative branches "check" the judicial branch?

1. Select kinds of appointments that the Senate is willing to confirm 2. Impeach judges they don't like 3. Altering the # of judges and increasing the # slightly*** 4. Sometimes judge's decisions can be restricted or ignored

Why does the US Supreme Court sit on top both court systems?

1. The state law cannot violate any federal laws 2. The federal law also cannot violate the Constitution 3. The SC has the ultimate power to decide if they have

What role do interest groups play in getting cases to the Court?

1. the interest group organized the case 2. found the plantiff 3. chose legal strategy 4. mobilized legal allies

What are the different kind of opinions the court can issue on a case?

1.Opinion of the court 2. Concurring Opinion 3. Dissenting Opinion 4. Liberal vs Conservative Opinion

How many circuit courts in the US?

11

What rights and Amendments were dealt with during Korematsu vs US?

14th Amendment: equal protection of the law 5th Amendment: right to due process

What Amendment was involved in Texas vs Johnson and what was the outcome?

1st Amendment: Freedom of speech The SC ruled in favor of Johnson.

What Amendment was involved in Tinker vs Des Moines School District and what was the outcome?

1st Amendment: Freedom of speech The SC ruled in favor of Tinker and free speech for students in school was expanded.

What amendment did johnson's case involve?

1st amendment

What circuit court do we belong to?

6

6th Amendment

666 or JEWISH (six letters, usually attorney's) *CRIMINAL CASES ONLY *Right to an attorney *Rights of the accused

What Amendment was involved in Miranda vs Arizona and what was the outcome?

6th Amendment: Right to an attorney 5th Amendment: Right to remain silent

In Gideon vs Wainwright what effects did the courts ruling have on the right(s)/ Amendment(s) that were involved?

6th Amendment: States must now give you an attorney, even if you can't afford one

What rights and Amendments were dealt with during Gideon vs Wainwright?

6th Amendment: right to council 14th Amendment: states are subject to the bill of rights

How many SC justices are there?

9 (8 asscociate and 1 chief justice)

What is the "wall of separation"?

A Court ruling that the gov't cannot be involved with religion.

What are amicus curie briefs?

A brief submitted by a "friend of the court" pr an interested party not directly involved in the suit

What is "Opinion of the Court"?

A signed opiion of a majority of the SC

What is "Dissenting Opinion"?

A signed opinion in which one or more justices disagrees with the majority view

What is "Concurring Opinion"?

A signed opinion in which one or more members agree with the majority view

What is a 'litmus test"?

A test of ideological purity in selecting judges.

What was the story of Fred Korematsu?

After the bombing in Pearl Harbor all Japenese Americans were to be evacuated, and when Korematsu didn't leave they said he must leave. But he refused saying that he was born in the US and he had a right as a US citizen to stay.

What did the SC rule in Gideon vs Wainwright?

All 9 justices voted in Gideon's favor

What can Congress and the states do to undo a SC decision?

Amend or change the docutment

What happened in Westside Community Schools vs Mergens?

Bridget Mergens wanted to start a bible club at her school and ws given no permission from her principal. She sued her school because she thought it was unconstitutional of them to tell her she isn't allowed.

What did Joe Johnson do at the republican national convention in texas in 1984?

Burned a flag

Appeals courts have appellate jurisdiction only over what?

Cases already decided by the district courts

Congress can place restrictions on advertising for what?

Cigarettes Liquor Gambling

Another name for the US court of Appeals?

Circuit Courts

What are appellate courts?

Courts that have the authority to review cases already decided by a lower court.

What are the two different types of law?

Criminal Law- laws protecting property and individual safety Civil Laws- laws relating to buisness and contractual relationships

What happened in Miranda vs Arizona?

Ernesto Miranda was arrested for murder and rape, but when arrested Miranda was not told his rights so he sued the state of Arizona.

What was the significance of mapp v ohio?

Evidence illegally gathered by the police may be used in a criminal trial

1st Amendment

First= Freedom *Freedom of religion *Freedom of speech or press *Freedom to peaceably assemble

What is included in the first amendment?

Freedom of Expression Freedom of Religion

What was the "story" of Clarence Gideon?

Gideon was accused of stealing and when he was on trial he couldn't afford bail or a lawyer, so he was sent to prision for 5 years.

What is the "good-faith" exception to the exclusionary rule?

If police are granted a search warrant, but, unbeknowest to them, the judge issuing it used wrong form, the SC has declared that evidence gathered under the defective warrant is still admissible.

What is senatorial courtesy?

It gives heavy weight to the preferences of the Senate from the whole federal district judge is to serve.

In denying Symbolic speech is protected, what was the courts reasoning?

It would open the door to permitting all manner of ilr illegal actions (murder, rape, arson)

What is the difference between Judicial Restraint/ Strict Constructionism and Judicial Activism?

JS/SC: enforces the law as it is written JA: interprets the law in ways consistent in changing views of justice, especially to protect the vulnerable

What happened in Texas vs Johnson?

Joe Johnson burned the american flag at the RNC.

What was Ernesto Miranda arrested for on March 13, 1963?

Kidnapping and rape

What is the clear and present danger test?

Law should not punish speech unless there was a clear and present danger of producing harmful actions.

What 4 kinds of speech are not always constitutional?

Libel Obscenity Symbolic False Advertising

What is the difference between libel and slander?

Libel is written, slander is oral

Where did Judicial Review come from?

Marbury vs Madison

What happened in Tinker vs Des Moines School District?

Mary Beth Tinker wore a black arm band to school one day to protest the Vietnam war. Her school suspended here because they thought her acts were potentiall dangerous.

What Amendment was involved in Mergens vs Westside Community Schools and what was the outcome?

Mergens***1st Amendment: "free exercise" clause- "or prohibiting the free exercise of..." Westside Community Schools***1st Amendment: "establishment" clause- "Congress should make no law respecting an establishment of religion..." The SC sided with Mergens because they thought it had more to do with the "free exercise" clause rather than the "establishment" clause.

What did the SC change in police procedures under this amendment?

Miranda Rights ( you have the right to remain silence, anything you say can and will be used against you in the court of law. you have the right to an attorniry, if you can not afford an attorny one will be provided for you ...ect)

3rd Amendment

No 3 Meals A Day *No quartering soldiers

What does the SC have appellate jurisdiction over?

Over cases decided by... THe federal appeals courts The state SC

What are Civil Rights?

Protections for certain groups such as woman, gays, and african americans

Once a case has been accepted, what steps in the process occur? And in what order?

Reading briefs: *Briefs- a written statemtnt by an attorney that summarizes a case Hearing oral statements: *usually summarizing briefs o emphasizing particular points in them *gives justice's a chance to question the lawyers, sometimes searchingly Debating the case/ Issuing a Decision: *Chief Justice speaks first *They vote (inreverse order of seniority) *Majority of justices must be in agreement (if tie, the lower court decision stays)

What right was Miranda unaware of when he was arrested?

Request for council( a lawyer)

What was the significance of Palko v. Connecticut

SC says that states must observe all "fundamental" liberties

Which courts have what jurisdiction?

SC: Appellate Districts/Trials: Original Appeal: Appellate

4th Amendment

Search FOUR It *Protected from unreasonable search and seizures

How does selecting federal judges not work out so well for the president? ****

Sometimes president's think that they are picking people that support their beliefs, but then they end up not supporting them.

What was the significance of Schenck v. US?

Speech may be punished if it creates a clear and present danger test of illegal acts.

Did Johnson violate a federal or a State Law?

State

What was the significance of Rasul v. Bush?

Terrorist detainees must have access to a neutral court to decide if they are legally held.

What amendment did Miranda vs Arizona involve?

The 5th( right to council)

What are the 3 "tiers" of our federal court system?

The US SC Federal Appels court Federal trials court

What is Jurisdiction?

The authority of a court to hear cases

What is Appellate Jurisdiction?

The authority of a court to review cases already decided by a lower court

What is Original Jurisdiction?

The authority of a court to try a case first

Why has the court ruled that burning a flag is constitutionally protected speech but burning a draft card is not?

The court argues that the gov't has a right to run a military draft and so can protect draft cards, even is this incidentally restricts speech.

Why is the Judicary's independence important?

They don't base their decisions on what others think they do it based on what they think abides by the Constitution.

Why has the SC ruled that states can regulate obscene materials?

They have no redeeming social value and are calculated chiefly to appeal the one's sexual rather than politically of literary interests.

What did the SC rule in Korematsu vs US?

They ruled it constitutional.

When has the 5th amendment been applied?

To prevent the use of torture or "third-degree" police tactics to extract confessions

What is federal trials court?

US district courts hear both civil and criminal cases.

What was the significance of McConnell v. Fed. Election Committee?

Upholds a 2002 campaign finance reform law

what is selective incorporation?

court cases that apply Bill of Rights to states

Burning the flag was another form of what?

freedom of speech?

What is certiorari?

legal document used to request lower court transcripts of a case

What did Mary Beth Tinker do? Why? What amendment did this case involve?

she wanted to protest( peacefully) the war. She wore a black band around her arm to school. Freedom Of Speech

What did the dissenters argue in Jonhson's case?

that the flag is the one exception to americans right to free speech

Who is the Solicitor General?

the lawyer for the federal govt