Unit 6 Judicial Branch Test Study Guide PDF

Unit 6: Judicial Branch Test Study Guide Review - The Constitution Correctly label the first 3 Articles of the Constitution Article Branch Main job (___________ the laws) 1 Legislative Make 2 Executive...

Unit 6: Judicial Branch Test Study Guide Review - The Constitution Correctly label the first 3 Articles of the Constitution Article Branch Main job (___________ the laws) 1 Legislative Make 2 Executive Enforce/execute 3 Judicial Interpret Lesson 601. Due Process Define due process: Rights guaranteed to all people, especially when charged with a crime What would happen if Government could do whatever they wanted to people charged with a crime. due process rights They could arrest you without telling you what for, not allow you a lawyer, hold didn’t exist? you in prison indefinitely without having a trial, force you to testify, issue excessively harsh punishments, etc. Due process is mentioned twice in the U.S. Constitution. Where are those mentions? Amendment # Guarantees due process at the _____ level? 5 Federal (national) 14 state For each due process right in the left column, describe what that means on the right. Miranda Rights Rights that the police read when they arrest someone. Right to remain silent, right to a lawyer, etc. Double jeopardy Once a defendant is found not guilty, they cannot be tried a 2nd time for that crime even if new evidence emerges later. Right to a lawyer to represent you if you are the defendant in a criminal Fair legal representation trial. Even if you can’t afford one, a lawyer would be appointed by the state. Lesson 602. Criminal vs Civil TERM DEFINITION EXAMPLE Criminal case Mr. Novotni is charged with Prosecution is trying to prove that the arson for burning down a defendant is guilty of committing a crime. building with math tests that he didn’t want to grade. Civil case Plaintiff is suing the defendant for damages Ms. Richardson is suing Mr. (usually money or property). Grimmelbein for destroying her Peoloton bike. Circle or highlight the parties involved in a criminal case: Defense Plaintiff Prosecution Circle or highlight the parties involved in a civil case: Defendant Plaintiff Prosecutor Fill in the steps of criminal case procedure below. In an arraignment, what plea options does a defendant have? Guilty Not Guilty Other than a plea, what other 2 things are reviewed/checked for at an arraignment? 1.​ Review the policeman’s probable cause for arresting the defendant 2. Make sure you have a lawyer (or state will appoint one if you can’t afford) In a criminal trial, what circumstances have to exist for a person’s appeal to be filed and accepted? In other words, what does the verdict have to be? What if one gets a guilty verdict but just doesn’t like it?  In a criminal trial, only a guilty verdict can be appealed by the defendant. To appeal, the defendant would need to show new evidence or some sort of violation of due process that occurred in their trial. You can’t appeal just because you don’t want to be guilty. A decided court case that sets the basis for determining later cases involving similar issues is known as a precedent The authority of the Supreme Court to rule laws and government actions unconstitutional is known as: Judicial Review The Supreme Court case that set this precedent is: Marbury v. Madison Lesson 603. State & Federal Courts Indicate the correct option: The majority of cases are heard in STATE / FEDERAL courts. Sort (or rewrite) the federal courts in order from lowest court (bottom) to highest court (top). Sort (or rewrite) the Virginia state courts in order from lowest court (bottom) to highest court (top). Define original jurisdiction. Authority of a court to hear a case for the FIRST time; where the trial actually happens. Label the following statements as TRUE or FALSE. If a statement is false, correct it to make it true. Statement True/False Correction (if false) If you appeal to the US Supreme False You are NOT guaranteed to have an appeal heard Court, it is guaranteed your case will by the Supreme Court. They only hear about 1% of be heard. the cases appealed to them. If they do not accept your appeal, the decision of the lower court stands. The US Supreme Court only hears True cases of national importance or Constitutional questions. If you lose your case in the US False You cannot appeal your case if you lose because Supreme Court, you can appeal to a there is no higher court above the Supreme Court higher court. to appeal to. The US Supreme Court has only False The Supreme Court does have appellate appellate jurisdiction. jurisdiction, but also LIMITED original jurisdiction (Ex. Bush v. Gore) The US Supreme Court has 9 True Justices who decide the cases. In Virginia’s court system, both circuit courts and district courts have original jurisdiction. What is the difference between the types of original cases each might hear?  VA District Courts have original jurisdiction over misdemeanor criminal cases and civil cases involving less than $25,000. VA Circuit Courts have original jurisdiction over felony criminal cases and civil cases involving $25,000 and above. (The Circuit Courts also have appellate jurisdiction over cases that get appealed up from the District Courts.) Circle or highlight all of the courts below that have appellate jurisdiction. US Court of Appeals VA Circuit Courts VA Supreme US Supreme US District Courts VA Juvenile and Domestic Fill in the vocab word that corresponds with its definition. misdemeanor A less serious crime. Could result in a fine or maximum one year in jail. felony A more serious crime. Could result in more than a year of prison time. Scenario: Riley received a speeding ticket driving to school. She wants to appear in court to see if the judge will be lenient with the amount she has to pay. What court would this take place in? VA General District Scenario: Rowan is charged with robbing a bank. What court has original jurisdiction? US District Court; robbing a bank is a federal crime Scenario: Caleb's case has made it to the VA Court of Appeals. They upheld the same guilty verdict as the lower courts. If Caleb were to appeal again, what court would hear his appeal? VA Supreme Court In lower courts, we call the individuals who make decisions judges. What are these people called at a supreme court level? Justices