The Court System
Study Guide
Chapter 18, sections 1-3 in American Government
“The Judicial Branch handout,” pp. 45-55
Judicial Branch In a Flash, Handout, Quiz, crossword
Case Study: Marbury v. Madison
Objectives:
Explain the purpose of the national judiciary
Explain the nature of and reasons for the “dual court system” in the United States.
Describe the structure of the national judiciary
Identify the criteria that determine whether a case is in the jurisdiction of the federal courts
Outline the process for appointing federal judges
Compare and contrast judicial restraint and judicial activism
Describe the structure and jurisdiction of the federal district courts (map, p. 513)
Define the concept of judicial review and link it to the concept of checks and balances
Explain the importance of Marbury v Madison in defining and establishing judicial review
Examine how cases reach the Supreme Court
Terms:
Inferior courts
Exclusive jurisdiction
Plaintiff
Original jurisdiction
Subject matter determinant of jurisdiction
Criminal case
Docket
Certificate
Precedent
Dissenting Opinion
Ch. 19, Civil Liberties pp.532-558
“The Judicial Branch handout,” pp. 55 – 61,
Case Studies
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Tinker v. DesMoines
Hazelwood v. Kuhlmeier
Texas v. Johnson
Jurisdiction
Concurrent jurisdiction
Defendant
Appellate jurisdiction
Parties involved determinant of jurisdiction
Civil case
Writ of Certiorari
Majority opinion
Concurring Opinion
Bench Trial
From Street Law Text
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The St. Patrick’s Day Parade (430)
Speech in Cyberspace (433)
The Public Official’s Lawsuit for libel (435)
The Case of the Offensive Speaker (436)
The Case of Parade Permit Fees (443)
Unalienable Rights: objectives
 Explain how America’s commitment to freedom led to the creation of the Bill of Rights
 Understand that the rights guaranteed by limited government are relative, not absolute
 Describe how the 9th and 14th Amendments help to guarantee individual rights
 Describe how cases are decided when rights conflict – “balancing test” (Sheppard v. Maxwell)
Terms
Bill of Rights
Civil Liberties/Civil Rights
Alien/Resident Alien
Due Process Clause
Process of Incorporation
The Modifying effect of the 14th Amendment
Objectives: The First Amendment
 Describe the “wall of separation” between church and state set up by the free exercise and
establishment clauses of the 1st amendment
 Explain the limits on free exercise
 Summarize the Supreme Court rulings on religion and education as well as other establishment
clause cases (case studies)
o Cite the general rule for:
 Religion and education
 Prayer in Public schools
 Student religious groups
 Evolution and Creationism in public schools
 Seasonal displays on public grounds
 Display of the Ten Commandments on public grounds
 Explain the importance of the two basic purposes of the guarantees of free expression
 Summarize how the Court has defined and limited obscenity
 Summarize how the Court has defined and limited seditious speech
 Describe the limits the Court has placed on the media
 Describe the limits of symbolic and commercial speech
 Summarize the Supreme Court rulings on freedom of expression/speech
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Obscenity
Freedom of speech/expression
Flag burning
Hate Speech
Press freedoms/Prior restraint
Libel
Slander
Sedition
Prior Restraint
Shield Law
Symbolic Speech
Picketing
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Explain the Constitution’s guarantees of assembly and petition
Summarize how the government can limit time, place and manner of assembly
Compare and contrast the freedom-of-assembly issues that arise on public vs. private property
Explain how the Court has interpreted freedom of association
Content neutral
Subject matter restriction
Right of association
Due Process
Chapter 20, pp. 564-588,
“The Judicial Branch handout,” pp. 62-66, and case studies
Griswold v. CT
Roe v.Wade
Mapp v. Ohio
Gideon v. Wainwright
Miranda v. AZ
Death Penalty Cases (4, p.66 on Judicial Branch Handout)
Objectives
 Explain the meaning of due process
 Link due process to the 5th and 14th Amendments
 Identify the relationship between police power and civil rights
 Describe the right of privacy and its origins
 Identify and analyze 4th and 5th Amendment protections
 Analyze constitutional limits on punishment
Terms
Due Process (substantive and procedural)
Police power
Writs of assistance
Probable Cause
Exclusionary rule
Habeas corpus
Bill of attainder
Ex post facto law
Grand jury
Indictment
Double jeopardy
Miranda Rule
Civil Rights/Civil Liberties
Chapter 21, pp. 594-612
“The Judicial Branch handout,” pp. 67-70, and case studies
 Plessy v Ferguson
 Brown v Board
 Regents v. Bakke
Objectives
 Summarize the history of race-based discrimination in America
 Assess the meaning and importance of the Equal Protection Clause
 Explain strict scrutiny and rational basis tests
 Outline important civil rights legislation
 Assess the arguments surrounding Affirmative Action
 Assess the separate but equal doctrine
 Explain the difference between DeJure, vs DeFacto segregation
Chapter 20
Group Presentations and Study Guide
Your group is responsible for presenting and explaining the assigned content. Court cases
should be used to strengthen your understanding. The case studies in bold should be
explained in your presentation in depth. Presentations will begin on Tuesday.
Ch 20, Section 1
Due Process
Procedural
Substantive
Police Power
Schmerber v. California
Search warrant
Privacy Rights
Griswold v. Connecticut
Roe v. Wade
Webster v. Reproductive Health Services
Planned Parenthood of Southeastern Pennsylvania v. Casey
The 4th Amendment (pp.571-574)
Probable Cause
Florida v. J.L., 2000
Minnesota v. Carter
Arrests
Illinois v. Wardlow
Terry v. Ohio
Automobiles
California v. Acevedo
Wyoming v. Houghton
Brendlin v. California
The Exclusionary rule
Weeks v. United States
Mapp v. Ohio
Explain how the rule has been narrowed over time
See: Cases Narrowing the Rule (573)
Drug Testing
Wire Tapping
The 5th Amendment (pp. 576-579)
Habeas Corpus
Bill of Attainder
Ex post facto law
Grand Jury
Indictment
Double jeopardy
Speedy trial
Barker v. Wingo (four criteria)
Self-Incrimination (pp.582,83)
Malloy v. Hogan
Escobedo v. Illinois
Miranda v. Arizona
The 6th Amendment (pp. 579- 582)
Speedy Trial (federal)
Public Trial
Estes v. Texas
Chandler v. Florida
Trial by Jury
Bench Trial
Right to adequate defense
Giddeon v. Wainwright
The 8th Amendment (pp. 585-588)
Bail
Stack v. Boyle
Preventive Detention
US v. Salerno
Cruel and Unusual Punishment
Capital Punishment (various cases pp.587, 88)
Treason