The Judicial Branch

Study Guide for Unit 5

5th AmendmentDeals with the rights of the accused:• Double jeopardy is prohibited• Right to be heard by a Grand

Jury• No self-incrimination

13th AmendmentAbolished slavery and involuntary servitude

17th AmendmentAllowed citizens to directly elect their

Senators

Appellate Jurisdiction

The ability to hear and review cases from

lower courts.

Chief JusticeThe highest position on

the U.S. Supreme Court. It is currently

held by John G. Roberts

Civil Rights Act of 1964Signed into existence by

President Johnson, it prevented discrimination in

voter registration, public accomodations (such as

hotels and restaurants), and in hiring practices

Concurrent Jurisdiction

Two or more courts (typically a state court and

a federal court) have jurisdiction over the same

issue.

Concurring/Dissenting OpinionAfter the Supreme Court rules, justices may write opinion papers. A justice who agrees with the ruling, but for a

different reason, will write a “Concurring Opinion” with an

explanation of why they agree. A justice who disagrees with the ruling , but for a different reason, will write a

“Dissenting Opinion” with an explanation of why they disagree.

Equal Rights Amendment

A failed, early-1980s attempt to prevent

discrimination against women

Judicial BranchResponsible for

interpreting the laws of the United States

Judicial ReviewThe power of the Supreme

Court to declare a law unconstitutional. This is the most crucial power of

the Supreme Court.

JusticesThere are nine justices on

the Supreme Court. A majority is more than half,

so the lowest majority would be five justices.

Marbury v. Madison

Supreme Court decision that

established the power of judicial review

Original Jurisdiction

In legal proceedings, lower courts have the right to hear a case for the first

time it has been presented in the legal system.

Plessy v. Ferguson

Supreme Court decision that upheld the “separate

but equal” principle. It was overturned by the Brown v.

Board of Education Case

Regents of the University of California v. BakkeThe Supreme Court

ruled that quota systems in college admissions were unconstitutional

Rule of LawThe basis of U.S. law, it holds that all people, including those in the

government, must obey the law.

Separation of Powers

Means that the legislative, executive, and judicial

functions of government are held by separate people and groups.

Supreme CourtMainly an appellate court,

which means that it hears a case after another court ruled

on the case. This is the court of last resort in all questions of

federal law.

Supreme CourtMost of the cases

heard by the Supreme Court are cases

involving civil liberties.

U.S. District Court

Has original jurisdiction in cases involving federal crimes.

A “federal” crime is one that violates the laws of the United

States government, not just the laws of one state.

U.S. District Court

The U.S. is divided into 12 regions, each one with a district court.

Writ of CertiorariA formal request (a writ) asking

the Supreme Court to hear a case. This is how most cases get

to the Supreme Court. They hear less than 1% of all cases

asked to review.

Simple MajorityThe outcome of each Supreme

Court case is decided by a majority of the votes. Each justice gets one vote. There are 9 justices so the fewest

votes to determine a case is 5.

Stare DecisisThis idea upholds that it is important to recognize and

study past decisions, or precedents. A judge observing this is being careful to uphold

past judges’ decisions.

Supreme Law of the Land

The U.S. Constitution is the highest form of law in the United States. No law (federal, state or local) can

violate the Constitution.

“Clear and Present Danger”

Test devised by the Supreme Court that was designed to define the conditions under

which public authorities can limit free speech. The most popular example is that you cannot yell

“Fire!” in a crowded theater because it would cause a panic

SlanderIllegal act in which

someone states lies or intentionally false statements spoken

about another person.

LibelIllegal act in which someone issues an

intentionally defamatory or false written or printed statement.

State CourtsDerive their power

from the state constitution and laws.

PrecedentOnce the Court rules on a case, the ruling

becomes this for future decisions

Federal CourtsCourts that derive their

power from the U.S. Constitution and

federal laws.

Trial CourtTypically a court that

has original jurisdiction.

Jury DutyIf you are registered to vote or have a driver’s

license you may be called to serve on a

jury for a trial.

The SenateThey hold the power to

confirm presidential appointments to the

Supreme Court

Miranda v. ArizonaSupreme Court case that changed law

enforcement across the country. It led to the Miranda Warning: “You have the

right to remain silent. Anything you say can and will be used against you in a court of law. You

have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to

speak to me?” 

Majority OpinionA written explanation of the ruling by one of

the justices that agreed with the

decision of the court.

Unit 5 Test on Friday, January

16, 2015