Test - Judicial Branch

Match the following

• criminal law

• unwritten law made by court decisions

• common law

• a body of law regulating private rights and obligations

• civil law

• rules of conduct established by society

• laws

• written law passed by legislative bodies

• statutory law

• a body of law regulating offenses against the community as a whole

Match the following

• misdemeanor

• a minor crime punishable by a crime and/or a short prison sentence

• plaintiff

• someone being sued or someone being tried for a crime

• defendant

• someone bringing suit against another

• prosecution

• brings charges against an accused person

• felony

• a serious offense punishable by long imprisonment and maybe death

Match the following

• appellate jurisdiction

• a system in which both sides are given the chance to present their case

• original jurisdiction

• the process of determining whether a law is constitutional or not

• appeal

• the authority to hear a case's initial trial

• adversary system

• the authority to review cases previously decided by  lower courts

• judicial review

• a request for a new hearing; to ask a higher court to review the decision of an earlier case

Match the following

• bail

• court order requiring the government to release a prisoner unless good cause for imprisonment can be shown

• recognizance

• money paid to guarantee a defendant will appear in court

• writ of habeas corpus

• a promise to appear without necessity of bail

• arraignment

• sets a standard for future action

• precedent

• court appearance at which the accused hears the charges and enters a plea

Match the following

• grand jury

• to take into legal custody

• hung jury

• a panel of citizens who determine if a person is guilty or innocent; determines the verdict in civil and criminal cases

• petit jury

• when the decision of a trial jury is not unanimous in a criminal case

• arrest

• officially charges a person with a violation of a criminal law, usually a felony

• indictment

• a panel of citizens who reviews evidence presented against a person and determines if there is enough evidence for an incictment

Match the following

• judicial restraint

• practice of basing decisions on what the Court perceives to ensure public welfare or what the Court determines to be fair and just based on the facts it has been given

• concurring opinion

• practice of basing decisions on previous decisions dealing with similar legal issues and upholding a law if it does not clearly violate the Constitution

• judicial activism

• written explanation of the views of one or more of the justices who disagreed with the Opinion of the Court

• dissenting opinion

• written explanation of the views of one or more of the justices who support a decision reached by the majority of the court, but wish to add or emphasize a point not made in the decision

• majority opinion

• official called the opinion of the court; announces the Court's decision in a case and sets out the reasoning upon which it is based

Match the following

• Plessy v. Ferguson

• legalized segregation; established the principle of "separate but equal" and legalized segregation

• Brown v. Board of Education of Topeka, Kansas

• numerous cases between 1954-1964 which challenged discrimination against minority citizens in case after case

• 14th Amendment

• ruled that women have the right to end a pregnancy but after the 1st trimester states can set certain limits to this right

• Roe v. Wade

• reversed an earlier court decision that had legalized segregation; called for the desegregation of public schools

• Civil Rights Cases

• increased the jurisdiction of the Supreme Court by giving it the authority to rule on the constitutionality of state as well as federal laws; provided or "equal protection" of all citizens

Match the following

• Marbury v. Madison

• established the Federal Court system with a Supreme Court, 3 Circuit Courts and 15 District Courts

• Miranda v. Arizona

• guarantees that a person will be informed of his/her rights if arrested

• Judicial Act of 1789

• ruled that evidence obtained by the police illegally could not be used in a state court against the person from whom it was taken

• Mapp v. Ohio

• guarantees that a person will be provided with defense counsel, regardless if they can afford one or not

• Gideon V. Wainwright

• established the principle of Judicial Review

Who defined just and unjust laws?

• John Marshall

• John Jay

• Martin Luther King, Jr.

• Thomas Paine

Actions of civil disobedience do not risk legal penalty because those who commit such actions are breaking immoral laws.

• true

• false