Constitutional Law and the Criminal Justice System Ch 3

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Amacias805
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236110
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Constitutional Law and the Criminal Justice System Ch 3
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2013-09-25 19:31:27
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Constitutional Law Criminal Justice System
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Constitutional Law and the Criminal Justice System Ch 3
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  1. Under what authority does the Supreme Court operate?
    Article 3 of the Constitution
  2. What is the jurisdiction of the Supreme Court?
    it has original jurisdiction in cases dealing with foreign dignitaries and legal disputes between states, all other cases are only on appeal
  3. How has the Supreme Court effectively created most of its own power and Authority?
    through the process of judicial review.
  4. Can the Supreme Court review acts of Congress? what was the precedent case?
    yes, the they can nullify and void an act of Congress that violates the Constitution. 

    Marbury v. Madison (1803)
  5. Can the Supreme Court review cases that are pending in state courts or that have been decided in state courts? the precedent case?
    1)Yes, they can review and reverse decisions, and can review pending state cases

    2)Martin v. Hunter's Lessee (1816)
  6. Why are appointments of Justices to the Supreme Court lifetime?
    So that they may not be unduly influenced.
  7. is the current Supreme Court Liberal or Conservative?
    Considered by many to be a "law and order" court - Conservative
  8. Vocab: Certiorari
    To be informed (Latin)

    the "Rule of Four" at least four justices must vote in favor of granting Certiorari for a case to be accepted for review.
  9. Vocab: Concurring opinion
    written by a justice who agrees with the holding, but who gives additional or different reasons for voting with the majority
  10. Vocab: Conservative
    Decisions that favor the government's interest in prosecuting and punishing offenders.
  11. Vocab: Dissenting opinion
    Written by a justice who disagrees with the holding and voted against the majority
  12. Vocab: judicial review
    the power of a court to analyze decisions of other government entities and lower courts
  13. Vocab: liberal
    Decisions that are pro-person accused or convicted of a crime... pro-civil liberties or civil rights claimants, pro-indigents, pro-Native Americans and antigovernment
  14. Vocab: opinion
    a written statement by the court explaining its decision in a given case.

    includes legal issues, points of law, a statement of facts, and any relevant precedent.
  15. Vocab: recesses
    periods when the Supreme Court does not hear cases, but considers administrative matters and writes opinions.
  16. Vocab: sittings
    periods during which the Supreme Court hears cases
  17. Vocab: strict construction
    a rigid interpretation of a law. ( the letter of the law)
  18. What is the Significance of the Case of: 
    Ex Parte McCardle (1868)
    Congress reserved the right to limit the jurisdiction of federal Courts, including the Supreme Court. 

    Congress determines the type of cases the courts can hear 
  19. What is the Significance of the Case of:
    Martin v. Hunter's Lessee (1816)
    the Supreme Court decided that it Can review cases that are pending in state courts or that have been decided in state courts. They can review and reverse decisions
  20. What is the Significance of the Case of:
    Marbury v. Madison (1803)
    • the Supreme Court decided that it can review acts of Congress and nullify and void an act of Congress that violates the Constitution. 
    • Judicial Review

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