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5th AmendmentDeals with the rights of the accused:• Double jeopardy is prohibited• Right to be heard by a Grand
Jury• No self-incrimination
Chief JusticeThe highest position on
the U.S. Supreme Court. It is currently
held by John G. Roberts
Civil Rights Act of 1964Signed into existence by
President Johnson, it prevented discrimination in
voter registration, public accomodations (such as
hotels and restaurants), and in hiring practices
Concurrent Jurisdiction
Two or more courts (typically a state court and
a federal court) have jurisdiction over the same
issue.
Concurring/Dissenting OpinionAfter the Supreme Court rules, justices may write opinion papers. A justice who agrees with the ruling, but for a
different reason, will write a “Concurring Opinion” with an
explanation of why they agree. A justice who disagrees with the ruling , but for a different reason, will write a
“Dissenting Opinion” with an explanation of why they disagree.
Judicial ReviewThe power of the Supreme
Court to declare a law unconstitutional. This is the most crucial power of
the Supreme Court.
JusticesThere are nine justices on
the Supreme Court. A majority is more than half,
so the lowest majority would be five justices.
Original Jurisdiction
In legal proceedings, lower courts have the right to hear a case for the first
time it has been presented in the legal system.
Plessy v. Ferguson
Supreme Court decision that upheld the “separate
but equal” principle. It was overturned by the Brown v.
Board of Education Case
Regents of the University of California v. BakkeThe Supreme Court
ruled that quota systems in college admissions were unconstitutional
Rule of LawThe basis of U.S. law, it holds that all people, including those in the
government, must obey the law.
Separation of Powers
Means that the legislative, executive, and judicial
functions of government are held by separate people and groups.
Supreme CourtMainly an appellate court,
which means that it hears a case after another court ruled
on the case. This is the court of last resort in all questions of
federal law.
U.S. District Court
Has original jurisdiction in cases involving federal crimes.
A “federal” crime is one that violates the laws of the United
States government, not just the laws of one state.
Writ of CertiorariA formal request (a writ) asking
the Supreme Court to hear a case. This is how most cases get
to the Supreme Court. They hear less than 1% of all cases
asked to review.
Simple MajorityThe outcome of each Supreme
Court case is decided by a majority of the votes. Each justice gets one vote. There are 9 justices so the fewest
votes to determine a case is 5.
Stare DecisisThis idea upholds that it is important to recognize and
study past decisions, or precedents. A judge observing this is being careful to uphold
past judges’ decisions.
Supreme Law of the Land
The U.S. Constitution is the highest form of law in the United States. No law (federal, state or local) can
violate the Constitution.
“Clear and Present Danger”
Test devised by the Supreme Court that was designed to define the conditions under
which public authorities can limit free speech. The most popular example is that you cannot yell
“Fire!” in a crowded theater because it would cause a panic
SlanderIllegal act in which
someone states lies or intentionally false statements spoken
about another person.
LibelIllegal act in which someone issues an
intentionally defamatory or false written or printed statement.
Jury DutyIf you are registered to vote or have a driver’s
license you may be called to serve on a
jury for a trial.
Miranda v. ArizonaSupreme Court case that changed law
enforcement across the country. It led to the Miranda Warning: “You have the
right to remain silent. Anything you say can and will be used against you in a court of law. You
have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to
speak to me?”
Majority OpinionA written explanation of the ruling by one of
the justices that agreed with the
decision of the court.