Criminal Cases and Courts Quiz

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Questions and Answers

Julia is charged with shooting and killing her ex-boyfriend in San Diego. The district attorney brings charges in which ______?

court

Julia appeals her conviction for murder in the second degree to which ______?

court

John vandalizes an IRS building and is charged in which ______?

court

Wyoming is suing Colorado over the legalization of marijuana and files a lawsuit in which ______?

<p>court</p> Signup and view all the answers

Kyra believes her termination violates a state statute protecting new mothers and decides to appeal up to which higher ______?

<p>court</p> Signup and view all the answers

Five states ask which ______ to review their case regarding a new congressional law on abortion?

<p>court</p> Signup and view all the answers

The parents of two suspended students appeal to which higher ______ after the school district wins the first case?

<p>court</p> Signup and view all the answers

Teachers sue an Ohio school district, and their case is heard in which ______?

<p>court</p> Signup and view all the answers

Several small businesses in New York appealing to which ______ after losing their initial case in trial court?

<p>court</p> Signup and view all the answers

The state of New York decides to appeal the ruling in which ______ after small businesses win their appeal?

<p>court</p> Signup and view all the answers

The Supreme Court looks for three things when choosing which cases to hear: significance, _____, and conflicts among lower courts.

<p>precedent</p> Signup and view all the answers

A writ of _____ is an order issued by the Supreme Court to review a lower court's decision.

<p>certiorari</p> Signup and view all the answers

The job of the _____ is to represent the United States in cases before the Supreme Court.

<p>solicitor general</p> Signup and view all the answers

The 'rule of _____' states that at least four justices must agree to hear a case.

<p>four</p> Signup and view all the answers

Supreme Court hearings are different from typical trial courts because they focus on legal questions rather than direct _____ of evidence.

<p>presentation</p> Signup and view all the answers

During the oral argument phase, each side presents its legal _____ to the justices.

<p>arguments</p> Signup and view all the answers

Once the Supreme Court rules on a case, the ruling is enforced by the _____ branch of government.

<p>executive</p> Signup and view all the answers

Judicial _____ refers to justices who believe in limiting the powers of the courts to interpret the Constitution.

<p>restraint</p> Signup and view all the answers

Public opinion can sway the Supreme Court's actions, causing justices to consider _____ when making decisions.

<p>societal values</p> Signup and view all the answers

The concept of the 'living' constitution suggests that the Constitution should be interpreted in the context of _____ changes.

<p>societal</p> Signup and view all the answers

Flashcards

Court for Julia's murder case

State trial court in San Diego, California

Court for Julia's appeal

State appellate court in California

Court for John's IRS vandalism case

Federal trial court

Court for Wyoming vs. Colorado marijuana case

Federal court (likely because of potential federal law implications)

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Court for Kyra's job termination appeal

State appellate court

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Supreme court for abortion law

U.S. Supreme Court

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Court for students' protesting case

State appellate court

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Court for health coverage lawsuit

Federal court

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Court for minimum wage lawsuit

State trial court or appellate

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State's appeal court in minimum wage lawsuit

State appellate court

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Supreme Court decision-making process

Usually happens after lower courts have ruled and there is ongoing debate or difference of opinion on cases

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Supreme Court original jurisdiction

Cases involving states or diplomatic representatives

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Supreme Court appellate jurisdiction

Reviewing decisions of lower courts, mostly appeals.

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Supreme Court case selection criteria

The Supreme Court chooses cases based on significant legal questions, conflicts among lower courts, or cases with wide-reaching implications.

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Writ of certiorari

A formal request to the Supreme Court to review a lower court's decision.

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Amicus curiae brief

A written argument filed by someone who is not a direct party to a case but has an interest in the outcome.

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Solicitor General's role

Represents the federal government in Supreme Court cases, deciding which cases the government will appeal.

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Rule of Four

At least four justices must agree to hear a case for it to be reviewed by the Supreme Court.

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Supreme Court hearings vs. trial court

Supreme Court hearings are more focused on legal arguments and less on witness testimony compared to typical trial court procedures.

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Oral arguments (Supreme Court)

Attorneys present oral arguments to the Supreme Court justices outlining their case and reasoning.

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Enforcing Supreme Court rulings

Supreme Court rulings are enforced by other branches of government (e.g., executive, legislative).

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Supreme Court ruling non-enforcement example

Example of a case where a ruling wasn't immediately or fully enforced, due to challenges in implementation.

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Public opinion influencing Supreme Court

Public opinion can sometimes sway decisions (in some cases) leading the Supreme Court to actions reflecting public sentiment.

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Constitutional requirements for justices

No specified requirements, beyond the general requirement of appointment by the president.

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Presidential considerations for nominees

Merit, ideology, and judicial philosophy are evaluated by the president .

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Judicial restraint vs. activism

Restraint: Courts should avoid overruling laws and social norms. Activism: Courts should actively interpret laws and shape societal values.

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Plessy v. Ferguson vs. Brown v. Board

Plessy v. Ferguson upheld segregation, whilst Brown v. Board declared segregation unconstitutional, highlighting a shift in societal values and legal interpretation.

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Originalism

Interpreting the Constitution based on its original intent and meaning at the time of its adoption.

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Originalism criticisms

Applying the original meaning leads to controversies and potential conflicts with modern societal values and norms.

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Living Constitution

Interpreting the Constitution in light of evolving societal values and conditions.

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Living Constitution criticisms

Concerns about the potential for ambiguity and subjectivity in interpretation.

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Checks on the Supreme Court

Checks on Supreme Court power: Congress and President can shape the court by enacting laws impacting the court and its composition etc.

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Study Notes

Criminal Cases and Courts

  • Julia's Case (Murder): Charges filed in San Diego state court; appeal to a higher state appellate court.
  • John's Case (Vandalism): Charged in federal court.
  • Wyoming v. Colorado (Marijuana): Lawsuit filed in federal court.
  • Kyra's Case (Firing): Appealed to the state's highest court in her state.
  • States' Abortion Law Case: Appeal to the Supreme Court.
  • Student Protest Case: Parents appealed to higher state appellate court.
  • Teachers' Health Coverage Case (Ohio): Case in federal court (likely district court).
  • NY Small Businesses Case (Minimum Wage): Appealed to the state appellate court; state of NY appealed the ruling to the highest New York state court.

Supreme Court Information

Supreme Court Case Types & Jurisdiction

  • Original Jurisdiction: Cases involving disputes between states, or specific disputes defined by the Constitution.
  • Appellate Jurisdiction: Cases appealed from lower courts, usually based on legal errors, where one wishes the decision to be overturned.

Case Selection Criteria

  • Supreme Court criteria for selecting cases: Matters of significant legal impact, cases with conflicting rulings affecting similar cases.

Supreme Court Procedures

  • Writ of Certiorari: A formal request for the Supreme Court to review a lower court's decision.
  • Amicus Brief: A brief filed by a party who is not a direct party to the case but has a relevant interest.

Supreme Court Personnel

  • Solicitor General: Represents the federal government in Supreme Court cases.

Supreme Court Operation

  • Rule of Four: A majority of at least four justices must agree to hear a case.
  • Supreme Court Hearings: Hearings are different than trials, usually involve oral arguments and legal briefs.
  • Oral Arguments: Attorneys present their case and answer the justices' questions.
  • Enforcing Supreme Court Rulings: The court relies on other branches of government for enforcement of its rulings.

Supreme Court Influences

  • Public Opinion: Rarely, but sometimes public opinion can sway the justices' decision.

Supreme Court Nomination Process

  • Constitutional Requirements for Justices: No explicit requirements in the Constitution. All justices are appointed by the President with the approval of the Senate.

Supreme Court Nominees

  • President's Considerations: The nominee's experience, judicial philosophy, and qualifications to be a justice are assessed.

Constitutional Interpretation

  • Judicial Restraint vs. Judicial Activism: Restraint emphasizes upholding prior precedent; activism emphasizes more actively shaping the law.
  • Plessy v. Ferguson (1896) vs. Brown v. Board of Education (1954): Plessy upheld racial segregation; Brown overturned it.
  • Originalism: Interpreting the Constitution based on its original meaning. Criticisms include difficulty in determining the original intent.
  • Living Constitution: Interpreting the Constitution considering evolving social values. Criticisms include vagueness and subjectivity.

Checks and Balances

  • Checks on the Supreme Court: The other branches of government can check the Supreme Court's power (Congress, and executive), which includes the nomination and approval process.

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