US Government

Module 4 Study Guide

4.01 The Judicial Branch
Created in Article III of the Constitution and consists of a US Supreme
Court and lower courts
Three basic levels of courts

trial
appellate
supreme

BOTH state and federal courts have these THREE levels

Jurisdiction is the authority of a court to hear certain types of cases or
make legal decisions
Examples of Cases in Courts of Original Jurisdiction: Guilty or Not Guilty of
a crime, family cases, civil suits where one party sues another
Examples of Appellate Court Cases: challenging decision in a guilty/not
guilty case, case not in your favor and have right to appeal, challenging
family law decision

Article III
Judiciary Act of 1789
Federal district court- a court established by the federal government having jurisdiction over questions
of federal law
Appellate court- the jurisdiction to hear case appeals and review the decisions of lower courts, also
known as a court of appeal
Appeal- formal request to a higher authority requesting a change of decision, such as a case to a higher
court from lower courts
Jurisdiction (original jurisdiction, state, federal)- the authority or geographic area of authority to enforce
laws or make legal judgments
Trial- a formal legal process in court to settle disputes or determine the guilt or innocence of those
accused of crimes

Jury- a group of ordinary citizens who decide together whether a person accused of a crime is guilty or
not guilty
Criminal case- a lawsuit brought before a court involving someone who is accused of committing a crime
Civil case- a lawsuit brought before a court relating to the rights of citizens, usually a dispute between
citizens or groups
Dual sovereignty- a Constitutional concept that both the state and the federal governments are
sovereign
Federal-question cases- a case brought before a court where the meaning or intent of a federal law is
under debate
Diversity cases- a case involving citizens or groups from more than one state
Bench trial- trial held without a jury
Prosecution- the lawyers representing the people or a government body in a criminal trial
Writ of certiorari- order of the Supreme Court to review lower-court evidence and decisions
In forma pauperis- Latin phrase for "in the form of a pauper," referring to permission for a person to
petition the courts without paying the court costs and fees due to inability to pay
Class-action suits- a lawsuit brought before a court by one party on behalf of a group of individuals who
all have the same complaint
Litigation- a lawsuit
4.02 Judicial Review
What is judicial review? Why is it important to our US
Government system?
Established in 1803 with the case of Marbury v
Madison
Although the powers of the court are NOT specifically
spelled out in the Constitution, our nations founders
did address the courts role.
Judicial Review is the power of the Judicial Branch to determine the constitutionality of laws of Congress
and the actions of the Executive branch--Can declare laws and actions null and void.

Judicial review- the power to review and cancel laws or acts of government if determined to be
unconstitutional
Unconstitutional- not allowed by or against the ideas and principles of the Constitution

Precedent- a court action or decision used as an example in later cases

Appointed
Elected
Stare decisis- the policy of the courts to abide by decisions made in earlier, similar cases
4.03 The Decision
Judicial opinions:

majority- official ruling on a court case in which a majority of the justices agree
dissenting- also known as the minority opinion, written by a justice who does not agree with the
majority decision
concurring opinion- opinion written by a justice in support of the minority or majority decision
per curiam decision- official ruling described by the court, instead of a majority and minority
opinion).

4.04 Civil Rights

Landmark Supreme Court Cases- how did these decisions effect history? Why are they significant? How
did these cases help the expansion of civil rights throughout history? How might life be different today
without these?
Plessy v Ferguson
1896
Established segregation in public places

Brown v Board of Education

1954
Class action lawsuit which ruled that segregation in
th
public schools was unconstitutional- 14
amendment

Made Jim Crow laws legal

Civil Rights Movement

There was a new era of activism: protests, sit-ins, marches, etc.
The Warren Court
Case
Mapp v Ohio

Gideon v Wainwright

Miranda v Arizona

Roe v Wade

Significance
1961
Evidence must be collected legally and with a warrant to be used in court.
4th amendment- protection from illegal search and seizure
1963
States must provide legal counsel in all cases where a defendant is
unable to afford counsel on his or her own.
6th amendment- suspects in crimes have right to counsel
1966
Suspects must be informed of their rights before and during questioning.
5th amendment
1973
Determined that a womans decision to continue or end a pregnancy is
within her right of privacy.
Emotional debate and still controversial

Tinker v DesMoines

Texas v Johnson

9th and 14th amendments

1969
Students wore black armbands as a silent protest against the Vietnam
War
The free rights of students should be protected. "Students don't shed their
constitutional rights at the school house gates."
st
1 amendment- symbolic speech
1989
Texas man burned a flag as an act of protest
Symbolic speech, such as burning the American flag (no matter how
offensive it might be to some), is protected under the 1st amendment.

More expansion of rights

Civil Rights Act of 1964

Voting Rights Act of 1965

Signed by President Lyndon B Johnson

Prohibits discrimination on the basis of race, color, religion, sex or
national origin for public places
Banned discrimination in voting and also banned the use of literacy tests.
Further enforced the 15th and 19th amendments

Jim Crow laws

Incorporation- in constitutional law, a process where selected parts of the Bill of Rights are applied to the
states through the due process clause of the 14th Amendment
Warren Court- the Supreme Court of the United States between 1953 and 1969, during the Civil Rights
Movement, when Earl Warren served as Chief Justice and expanded civil rights, liberties, and judicial
power.
4.05 Comparing Governments
Autocracy

Run by one person

Monarchy or Dictatorship
Saudi Arabia

Oligarchy

Run by a small group

Communist Party of China

Democracy

Run by the people either directly or indirectly (republic)

United States and Switzerland

Authoritarian- political system in which obedience to the ruler and government is strictly enforced
Republic-form of government in which people elect representatives to exercise power for them
CommunismSocialismPOLITICAL STRUCTURES:

unitary
confederation- a group of loosely allied states, such as the United States under the Articles of
Confederation
federation
parliamentary- the name given to the legislative branch of government in Britain and other
countries

What is democratization?
Democratization is the process of transitioning to a more democratic government
There are several indicators of democracy but there is no specific piece of data that can perfectly
correlate to a countrys level of democracy
Indicators of Democracy:

GDP
Internet users
Education and literacy rates
Economy and natural resources
Culture, populations, and elections
Freedom House (Free, Partly Free, Not Free)

Gross domestic product- market value of all goods and services produced within a country in a given
period
Qualitative- facts and information relating to the quality or character of something instead of size or
quantity
Quantitative- facts and statistics relating to the amount or number of something
Per capita, - by or for each person
Market economy- an economy in which prices and wages are determined mainly by supply and demand,
rather than being regulated by a government

Freedom House
Universal suffrage- the ability of all legal adults to exercise the right to vote without restrictions
Myanmar
Resource Use

Arable land- land suitable for growing crops

Natural resources
Import- to bring a product or good in from another country
Export- the selling of goods to another country
Renewable resources- something able to be sustained indefinitely because of new growth or
overabundant supplies
Sustainability- able to maintain use of resources without destroying them or the environment
EmissionsInterdependence- the state of being unable to exist or survive without each other
KEY POLICIES/ORGANIZATIONS: Environmental Protection Agency of the US, Organization of
Petroleum Exporting Countries (OPEC), Kyoto Protocol, Clean Air Act of 1970
4.06 Foreign Policy
Foreign policy is the decisions and programs a country creates that affect relations with other countries.
Government decisions on foreign policies can affect the programs and people in other countries, too.
Goals of foreign policy:

Spreading democracy
World peace
Humanitarian help
National security

Foreign Policy Approaches:

1. Isolation: Approach that separates itself from events in other countries
Ex:North Korea
2. Diplomacy (Internationalism) : Discussion between leaders or representatives from
separate nations
Ex: Peace Corp and United Nations (UN)
3. Interventionalism: Using military intervention to deal with a problem whether action
does or does not have to do with domestic security

Ex: 2001 US invasion of Afghanistan

4. Imperialism: Invading to take over territory from another country
Ex:1990 Iraq invasion of Kuwait or 1960s and 70s US prevention of North Vietnam from taking
over South Vietnam
The United Nations
Human rights violations of WWII inspired the creation of the United Nations. The UN is an international
organization designed to protect human rights and encourage diplomacy. Universal Declaration of
Human Rights describes basic human rights of all people. The UN seeks to prevent genocides, human
trafficking, discrimination, and other human rights issues. Geneva Conventions establish international
law for treatment of victims of war

Tariffs- a tax on imported goods

Quotas- a maximum number allowed or needed
War Powers Act

Module 4 Review Video (coming soon)