For this test make sure and review the following charts provided in class
1) Rights of the Accused Chart (your constructed item)
2) The Criminal Law process chart
3) The Civil Law process chart
The Structure of the Court System
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Which article of the Constitution establishes Federal Courts?
3 or III
How many federal district courts are there in the United States?
94
How many Federal Circuit courts of appeals are there in the United States? 13
How many members are there on the U.S. Supreme Court? 9
What is another name for our country’s dual-court system where two court systems operate separately? parallel system
Besides our Federal courts system, what other kind of court system exists in the U.S.? State
What is the name for a court’s right to hear a case? Jurisdiction
Which state district court has jurisdiction over St. Charles Parish? 29th
Which state circuit court of appeal has jurisdiction over St. Charles Parish? 5th
Which Federal District Court has Jurisdiction over St. Charles Parish? Eastern (Louisiana)
Which Federal Circuit Court of appeal has jurisdiction over St. Charles Parish? 5th
Be aware of this chart for the test.
Qualifications and terms of office to be a judge
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Who appoints federal judges?
The President
Who confirms federal judge appointments?
Senate
What is the term of office for a federal judge? life
How do most state and local judges get their jobs? by election
What job have all judges done before becoming judges? Lawyers
Processes of the Supreme Court
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How do most cases reach the Supreme Court? On appeal
An order from the Supreme Court to pull a case up from a lower court is known by what name?
writ of certiorari
What must an attorney write if their case is called before the Supreme Court? brief
What is the process by which attorneys argue their points before the Supreme Court?
Oral arguments
What secret process do the Supreme Court justices take part in on Friday’s? Conference
What is the name for a court opinion which ends in a 5-4 decision? Majority
What is the name for a justice’s opinion that does not agree with the majority opinion? Dissenting
What freedoms are protected by the 1st amendment? Establishment Clause(freedom from religion), Free Exercise Clause
(freedom of religion), speech, press, assembly, petition
Landmark Cases
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What case established the separate but equal segregation of the races in the U.S. from 1896-1954? Plessy v. Ferguson
Which Supreme Court Case made racial segregation illegal in the United States?
Brown v. Board of Education
What case gave the Supreme Court its power of Judicial Review Marbury v. Madison
Which case required that police inform anyone being arrested of their rights?
Miranda v. Arizona
Which case provided to women the right to choose to have an abortion? Roe v. Wade
Name case struck down the Defense of Marriage Act and allowed same sex marriage?
U.S. v. Windsor
Which recent Supreme Court case ruled that Obama Care was Constitutional as a tax? Sebilius
Which Supreme Court case ruled that states cannot restrict the right of same sex couples to get married? Obergefell v. Hodges
The History of Law
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Which ancient form of law from Babylon demanded a tooth for a tooth and eye for an eye? Code of Hammurabi
Which ancient form of law was organized and written by the King of the Eastern Roman Empire? Justinian Code
In the 1800’s the Emperor of France wrote his own code of law called the…..Napoleonic Code
What is the primary and most important source of American law? English Common Law
English Common law is based on legal opinions from the past which are called…Precedents
What is the Latin term for using precedent to let the previous decision stand in a new case? Stare decisis
Laws, Crimes and Wrongdoings
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What is the study of law called? Jurisprudence
What kind of law is written by legislatures? Statute
A person charged with violating a crime or committing a civil wrongdoing is known by what name? Defendant
The government that charges a person with a crime or a person bringing a lawsuit is known as a…Plaintiff
Serious crimes such as murder, rape, arson, assault and robbery are called….felonies
What do we call minor crimes such as small monetary theft, writing bad checks and vandalism? misdemeanors
What is a legal action in which a person sues another in order to collect money damages for a harm done? Lawsuit
What is a civil wrongdoing in which a person caused harm through their negligence? Tort
Rights of the Accused
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Article 1, Section 9 told why you are held
4th amendment protection from unlawful search
5th amendment remain silent, grand jury, due
process, no double jeopardy
6th amendment attorney, jury trial, speedy trial,
confront accuser
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7th amendment jury trial in civil case
8th amendment no excessive bail or cruel and
unusual punishment
14th amendment equal protection of the law
Miranda v. Arizona read your rights on arrest
State government topics
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Within what kind of government system is power shared between the central government and states? Federal System
Based on the 10th amendment, what powers are not given the federal government, but are saved for the states? Reserved Powers
Most states receive a majority of their funding from federal payments or awards called…Grants-In-Aid
What do we call a one-house state legislature such as the one found in Nebraska? Unicameral
Who is the chief executive of a state? Governor
What is the power of a state governor to veto only a part of a law while still signing it? Line-item veto
Local Government
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What is the legal term used by most states to identify a municipality or city that provides its own services? Incorporated place
In order for an area to incorporate and become a municipality, what must be filed with the state government? City Charter
What is the largest territorial or political subdivision of a state? County
A form of local government set up for one specific purpose such as a school system or a levee board is known as a…
Special District
What do we call a large central city and its surrounding suburbs? Metropolitan Area
What is a law written by a municipality or local government? Ordinance
What is the most popular form of local government with a separately elected executive and legislature? Mayor-Council
What is a form of local government where the elected legislature hires the executive, such as a school board? Council-Manager
What is the least common form of government where there is no executive and only a legislature? Commission