test SCOTUS Flashcards

(41 cards)

1
Q

supreme court is the _____ court in US

A

highest

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2
Q

how many justices are there in the supreme court?

A

9

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3
Q

how do cases reach supreme court (short answer)?

A

through an appeals process

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4
Q

how many cases do they receive/are appealed?

A

8,000

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5
Q

how many do they hear annually?

A

80-130

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6
Q

rule of 4

A

only 4 judges have to agree to grant a writ of certiorari, to hear a case

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7
Q

writ of certiorari

A

a request from SCOTUS for lower courts to send up records of a case for review

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8
Q

judicial review

A

supreme courts power to check laws constitutionality, can declared laws unconstitutional

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9
Q

what does judicial review do for people?

A

helps protect peoples rights

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10
Q

precedent

A

a previous court decision that guides future similar court cases, can be overturned if times changed or new justices have different views

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11
Q

constitutional rights

A

special freedoms and rights guaranteed by the constitution

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12
Q

where are constitutional rights MAINLY found?

A

bill of rights

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13
Q

what do constitutional rights do?

A

protect people from government interference

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14
Q

what are 2 examples of your constitutional rights?

A

freedom of speech, right to a fair trail

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15
Q

the rights we have are really based on what?

A

constitution, amendments, federal/state regulations, federal /state statues, municipal ordinances

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16
Q

US constitution

A

doc that explains how us works

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17
Q

bill of rights

A

first 10 amendments to constitution

18
Q

amendments

A

formal changes to constitution (made possible by elastic clause)

19
Q

what are 3 important sources of our rights and freedoms?

A

constitution, bill of rights, amendments

20
Q

a right

A

something a person is legally allowed to get/have

21
Q

constitutional

A

related to the constitution, allowed by law

22
Q

unconstitutional

A

not allowed by constitution

23
Q

how does the court decide whether a person’s rights have been violated? (in order from most credible to least)

A

the constitution, amendments, past court cases, facts, ideas

24
Q

what 2 steps occur when it makes it to scotus

A

judge listens to both sides/makes decision, they will decide if law is constitutional or if it violates someones rights

25
how do cases get to supreme court (the steps)?
goes through lower courts, rule of 4, usually involves some part of government, must involve constitutional question
26
5th amendment
before or at the very start of prosecution: protection against self-incrimination, double Jeopardy, and right to due process
27
6th amendment
during prosecution: right to speedy/public trail, impartial jury, confront witnesses, an attorney
28
8th amendment
prohibits excessive bail/fines, cruel/unusual punishment
29
probable cause
reasonable grounds for believing crime has been committed
30
what is probable cause required for?
arrest, search warrants, seizures
31
example of probable cause
if someones runs out of a house with a bloody knife
32
what are Miranda rights based on?
5th amendment protection against self incrimination
33
what do Miranda rights involve?
right to remain silent/a attorney
34
transparency
part of rule of law, laws must be clear/understandable, citizen know/understand legal expectations
35
what does transparency prevent?
arbitrary or secret legal interpretations
36
fair/impartial justice
part of rule of law, due process, everyone has right to fair trail, legal procedures must be consist ,judicial decision based on established laws
37
us constitution was/is influenced by...
Magna Carta
38
Magna Carta
a 1215 English charter that established everyone, including the king, was subject to the laws (limited monarchy's power)
39
were in the law are the principles of magna Carta seen
rule of law ( equal application of law), right to fair trail, separation of powers, protection of individual rights
40
key principles in rule of law
order/security, legitimacy, checks/balances, equal application of the law, procedural fairness, transparency, accountability, protection of individual rights
41
purpose of the rule of law
to ensure accountability, maintain order, protect liberty/rights, provide a system to resolve disputes