Unit 7: Judicial Branch
belief that judges should apply the constitution in light of current conditions
"living" constitution
what does a plea bargain usually involve
admission to a lesser crime
court system in which opposing sides argue their case and present witnesses
adversarial
for an appeal to have strength and validity, the error of law in the trial court must have
affected the outcome of the trial
what is an effect of gideon v. wainwright
an attorney must be provided for indigent defendants in state felony cases
federal judges are appointed by
appointed by the president and confirmed by the senate
being taken into custody
arrested
the constitution requires that a supreme court justice
be confirmed by the senate
state judges are selected by
both election and appointment
a pivotal civil liberties case in which the court was not bound by precedent was
brown v. board of education
how does stare decisis most strengthen the nation's legal system
by adding stability and predictability
the legislative branch can check the power of the supreme court because it
can remove justices
if a justice agrees with the majority's opinion, but has different reasoning, he or she may issue a
concurring opinion
the sixth amendment guarantees which of the following to the accused
counsel, jury, and witnesses
hears cases such as burglary, murder, and assault
criminal trial court
the us supreme court has the power to
declare laws unconstitutional
the judicial branch checks other branches of government by
determining laws' constitutionality
if the trial court judge instructs the jury incorrectly, then the defendant may appeal the verdict based on
error of law
no right to use illegally obtained evidence
exclusionary rule
advances in technology have allowed businesses, organizations, individuals, and the government to collect and store information in ways that america's founders certainly imagined
false
appeals are possible only in the event of violations of procedural due process
false
because of broad media coverage, address this is confirmation is no longer contentious
false
if an interest group wants to explain to the supreme court why a case should be decided in a particular way, the group can submit a writ of certiorari
false
in order to make fair decisions without undue influence by outside forces, judges must be elected
false
new evidence and witnesses may be presented in an appeals court
false
the constitution says that a supreme court justice must be at least 35 years of age
false
the earliest known written laws, on which many modern american laws are based, were the 10 commandments
false
the legal principle of state decisis means that courts often challenge precedents in their decisions
false
the most significant basis of the american legal system is the roman 12 tables
false
the president nominates supreme court justices, but the senate elects other federal judges
false
the supreme court has appellate jurisdiction in those cases involving representatives of foreign governments
false
the supreme courts primary function is to settle disputes among the states
false
there are no amendments that directly or indirectly address the issue of an individual's right to privacy
false
there are some circumstances under which the government may limit an individual's right to privacy
false
what state courts have
general jurisdiction
the supreme court first recognized a right to privacy in the mid-1960s in a case called
griswold v. connecticut
presidents typically work to nominate individuals who
have personal integrity and professional expertise
a positive effect of justices' lifetime appointments is
having a fair and impartial judiciary
questioning an accused person
interrogation
belief that the court should step in if people's rights are violated
judicial activism
ideas about what guidelines to follow when interpreting the constitution
judicial philosophy
belief that the court should avoid overturning laws passed by democratically elected bodies
judicial restraint
citizens that render a verdict in a case based on evidence
jury
what is the most democratic aspect of a criminal trial
jury
which individual set a precedent for codifying complex bodies of law
justinian
what federal courts have
limited jurisdiction
trial courts can be found at
local, state, and federal levels
where cases involving city ordinances are decided
municipal courts
in miranda v. arizona, the supreme court ruled that suspects
must be informed of their rights
which steps in the trial process are ordered correctly, from first to last
opening statements, examinations, closing statements, jury instructions, verdict
the losing party in a state supreme court case can appeal the decision to the us supreme court by submitting
petition for writ of certiorari
the party in a civil case that accuses another party of causing damage
plaintiff
the u.s. supreme court ruling in texas v. johnson has served... for later free speech cases
precedent
a reasonable belief
probable cause
appointed by court to uphold the sixth amendment
public defender
to preserve the democratic principles of checks and balances, courts can only decide questions of law if
questions are brought to them in the form of cases
the supreme court case of roe v. wade is an example of privacy as it relates to
reproductive rights
the main difference between adversarial and inquisitorial systems is in the
role of the court
how is the process for filling a senate position different from the process for filling a supreme court position
senators are elected by the people whereas justices are nominated by the president
the supreme court has issued several rulings that relate to privacy, citing all the following amendments except the
seventh
when the court ruled in brandenburg v. ohio that the government could not take away the right to free speech just because it might incite a crime, it was
showing judicial activism
principle that once the court rules, its decision serves as a precedent
stare decisis
which courts can hear cases involving federal laws
state and federal courts only
where most legal cases are decided
state courts
how did states respond to the supreme court ruling in furman v. georgia
states began to rewrite laws about capital punishment
federal courts can decide questions of state law if
the case involves parties in different states
once the supreme court reaches a decision in a case
the decision becomes law
what principle of law is the starting point for every trial
the defendant is presumed innocent
what happens when a criminal case is judged to be beyond a reasonable doubt
the defendant is usually declared guilty
protects people from unreasonable searches and seizures
the fourth amendment
how is a justice who follows judicial restraint likely to be different from an activist
the justice is less likely to declare an existing law unconstitutional
how is the judiciary branch checked by other branches
the president appoints federal judges with the advice and consent of the senate
in marbury v. madison, chief justice john marshall helped establish
the supreme court's power to declare laws unconstitutional
why do presidents want nominees from a variety of racial and ethnic backgrounds
they want the justices to be somewhat representative of the entire country
what is the purpose of the rule of four
to determine whether the supreme court will hear a case
under what circumstance would the government limit privacy by conducting surveillance on individual citizens
to protect national security
where cases on reservations are decided
tribal courts
by assigning a southerner to write the courts opinion for voter discrimination case, the supreme court demonstrated its awareness of public opinion
true
confirmation of supreme court nominees typically takes longer today than in the past
true
court cases must go through trial courts before they can go to appeals court
true
majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision
true
the "zone of privacy" contains the unspecified rights kept by the people
true
the judicial branch has the power to determine whether laws and actions of government comply with the constitution through judicial review
true
the main purpose of the judicial branch of government is to interpret the laws.
true
the supreme court ruling in roe v. wade established a woman's right to an abortion during the first six months of pregnancy
true
today's justices are more representative of the country as a whole then in the past
true
when considering what cases to hear, the supreme court often chooses those in which courts have interpreted federal laws differently
true
which court has the power to overrule the decision of a federal appeals court
u.s. supreme court
under which legislative action is government surveillance allowed
usa patriot act
if citizens do not like how the supreme court interprets part of the constitution, they can
work to get the constitution amended