Unit Four: The Judicial Branch
Chapters 18, 19, 20 and cases
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Which article creates a federal judiciary?
What is the difference between the Supreme Court and an Inferior Court?
What is America’s “dual court system”?
What cases fall under the jurisdiction of the federal court system?
What is the difference between a constitutional court and a legislative court?
During the 1960s, the Supreme Court demonstrated judicial activism under this Chief
Justice:
7. How many associate justices serve on the United States Supreme Court/
8. This is the current Chief Justice of the United States Supreme Court.
9. This is an order from the United States Supreme Court to a lower court to send up
records.
10. What is the difference between judicial activism and judicial restraint? How might a
judge’s philosophy impact judicial decisions?
11. What is the difference between a civil case and a criminal case?
12. What did the Supreme Court rule in Gideon v Wainwright?
13. In what 3 ways does the Supreme Court of the United States influence American policy?
14. The grand jury issues this bill if there is enough evidence to warrant a trial.
15. These are the workhorses of the federal judiciary system- most federal cases begin here.
16. This is the court of last resort in all questions of federal law.
17. These appellate courts are located in each of 12 regions across the United States.
18. Located in places such as Guam and Puerto Rico, these courts are similar to district
courts in function, operation, and jurisdiction.
19. What is the Rule of Four?
20. This is a brief, unsigned statement of the Court’s decision when they make a ruling
without looking at new evidence.
21. Established with Marbury v Madison, this is the power allowing the Supreme Court of
the United States to oversee all federal laws and actions.
22. This is a court’s authority to hear a case.
23. What is appellate jurisdiction?
24. This is when the president submits the name of a judicial candidate to both senators
from a candidate’s home state for informal approval.
25. What is riding the circuit?
26. This is someone involved in a lawsuit.
27. What is an amicus curiae brief?
28. How does the 9th Amendment help protect individual rights?
29. Why was the Bill of Rights created?
30. Why is religious liberty protected by the First Amendment?
31. Where does the idea of “Separation of Church and State” come from (hint: not from
the text of the 1st amendment)
32. What is the Establishment Clause? How does it protect religious liberty?
33. What is the Lemon test?
34. Explain the importance of the two basic purposes served by the guarantees of free
expression.
35. What is prior restraint?
36. What are the limits to free speech (what speech is not protected under the first
amendment?)
37. Why does the Constitution guarantee the right to petition the government?
38. What limits are placed on the rights to petition the government and to peaceably
assemble?
39. Why does the Constitution protect the rights of people accused of crimes?
40. What is the difference between procedural due process and substantive due process?
41. What is the right to privacy?
42. What is the exclusionary rule, and how does it protect the rights of the accused?
43. What are the exceptions to the exclusionary rule?
44. How do the federal right to a grand jury and the guarantee against double jeopardy
help safeguard the rights of the accused?
45. What was guaranteed in Gideon v Wainwright?
46. What was the decision in Miranda v Arizona?
Major Court Cases- Identify what happened, who was the Chief Justice, and what the court
decided.
Marbury v Madison
McCulloch v Maryland
Lemon v Kurtzman
Gideon v Wainwright
Mapp v Ohio
Miranda v Arizona
Plessy v Fergeson
Schenck v United States
UC Regents v Bakke
Brown v Board of Education
Texas v Johnson
Gibbons v Ogden
New Jersey v TLO
Gitlow v New York
Engle v Vitale
Hazelwood v Kuhlmeier