Units 8/9: The Judicial Branch/Civil Rights & Civil Liberties

Which of the following are true about CIVIL COURTS? Select ALL that apply.

• Holds trials for defendants accused of a crime.

• Holds trials for defendants accused of violating the rights of an individual.

• Trials can be brought on by an individual or private group: The Plaintiff.

• Trials can be brought on by the State (Government): The Prosecution.

Answer explanation

Civil Courts deal with cases involving violations of an individual's rights. The Plaintiff accuses the Defendant, the Burden of Proof necessary to convict is much lower, and punishment will likely result in a fine or legal action.

Which of the following are true about CRIMINAL COURTS? Select ALL that apply.

• The burden of proof needed to convict is much higher. Must be >98% likelihood of guilt.

• Punishment typically results in heavy fines, incarceration, and even death.

• Punishment typically results in fines, or legal action.

• The burden of proof needed to convict is much lower. Must be >50% likelihood of guilt.

Answer explanation

Criminal Courts deal with cases in which a crime has been committed. Charges are brought on by the prosecution, aka the government. The burden of proof necessary to convict is much higher, and punishment typically results in heavy fines, incarceration, and even death.

If an individual violates a state law, and is arrested in California, but lives in Arizona, where will they stand trial?

• Arizona

• The Supreme Court

• California

• The Court of Appeals

Answer explanation

Crimes committed within California would fall under the State of California's jurisdiction.

Regardless of where a defendant lives, they will stand trial in the city, state in which they committed a crime.

Which of the following does the 5th Amendment protect you from?

• State-sponsored religion

• Cruel and unusual punishment

• Unreasonable searches and seizures

• Double Jeopardy

Answer explanation

Double Jeopardy: The act of being tried twice for the same crime.

Example from class: O.J. Simpson was found not guilty of murder in the death of his wife. Because he was found not guilty of murder, he can not face another murder trial for the death.

Which amendment of the Constitution protects individuals from unlawful search and/or seizure?

• 1st Amendment

• 4th Amendment

• 6th Amendment

• 8th Amendment

Answer explanation

The 4th Amendment protects individuals from unlawful searches and seizures performed by agents of the government.

To conduct a search, the government needs to gather probably cause to search your belongings, and to obtain a warrant to perform a search.

Which of the following could serve as valid reasons to file an appeal? Select ALL that apply.

• A biased jury

• Not receiving proper legal counsel

• Illegally-seized evidence used during trial

• Discovery of new evidence

Answer explanation

Yep, all of them.

In a Criminal case, only the defendant can file an appeal.

In a Civil case, the Plaintiff OR Defendant can file an appeal.

Who appoints Supreme Court justices?

• The President

• Congress

• Voters

• The US Attorney General

Answer explanation

In the event a Supreme Court justice resigns, dies, or is impeached, it is the duty of the sitting President to replace them.

TRUE OR FALSE: Supreme Court Justices are term-limited.

• TRUE

• FALSE

Answer explanation

SCOTUS justices are appointed by the President and serve lifelong terms.

What was the significance of Marbury v. Madison (1803)?

• Assigned state and federal courts their respective jurisdictions.

• Stated that defendants must have access to legal counsel when accused of a crime.

• Expanded the Supreme Court to seat 9 judges.

• Established precedent creating the process of "Judicial Review"

Answer explanation

Judicial Review: review by the US Supreme Court of the constitutional validity of a legislative act or judicial decision.

The act of revisiting and overturning previously-set precedents such as Roe v. Wade, Obergefell v. Hodges, Loving v. Virginia, etc, would be best described as: . . .

• Judicial Restraint

• Judicial Activism

Answer explanation

Judicial Activism: Judicial tendency to overturn

previous decisions of the court, or ruling of laws as

being unconstitutional

Judicial Restraint: Judicial tendency to let prior decisions stand