Study Sheet for Test Four
Chapter 11: The Federal Court System
Section 1: Authority of the Federal Courts
Jurisdiction of the Courts
Federal Court Jurisdiction
Various Ways to Get Into the Federal System
Concurrent Jurisdiction
Original and Appellate Jurisdiction
Developing Supreme Court Power
Early Precedents
John Marshall's Influence
States' Rights Era
Due Process
Importance of the Due Process Clause
Section 2: Lower Federal Courts
Constitutional Courts
Federal District Courts
Grand Jury
Indictment
Petit Jury
Officers of the Court
Federal Courts of Appeals
Circuit Courts
The Court of International Trade
Legislative Courts
What are they? How do they differ from Constitutional Courts?
Selection of Federal Judges
Party Affiliation
Judicial Philosophy
Senatorial Courtesy
The Background of Federal Judges
Section 3: The Supreme Court
Supreme Court Jurisdiction
*KNOW ALL NINE CURRENT JUSTICES AND THE PRESIDENTS THAT APPOINTED THEM!*
Supreme Court Justices
Duties of the Justices
Law Clerks
Background of the Justices
Appointing Justices
The Role of the ABA
The Role of Other Interest Groups
The Role of the Justices
Chapter 12: Supreme Court Decision Making
Section 1: The Supreme Court at Work
Tools for Shaping Policy
Judicial Review
Interpretations of Laws
Overturning Earlier Decisions
stare decisis
precedent
Limits on the Supreme Court
Limits on Types of Issues
Limits on Types of Cases
Limited Control Over Agenda
Lack of Enforcement Power
Checks and Balances
Section 2: Supreme Court Decisions and Public Policy
How Cases Reach the Court
On Appeal
Writ of Certiorari
Selecting Cases
per curiam opinion
Steps in Deciding Major Cases
Submitting Briefs
amicus curiae briefs
Oral Arguments
The Conference
Writing the Opinion
Unanimous Opinion
Majority Opinion
Concurring Opinion
Dissenting Opinion
Section 3: Factors Influencing the Court's Decisions
Basing Decisions on the Law
Views of the Justices
Voting Blocks
Relations Among the Justices
Harmony or Conflict
Influence of the Chief Justice
The Court and Society
Concern for Public Support
Influence of Social Forces
Balancing the Court's Power
The President's Influence
The Influence of Congress
Chapter 13: Constitutional Freedoms
Section 1: Constitutional Rights
Constitutional Rights
Selective Incorporation
The Fourteenth Amendment
Gitlow v. New York (1925)
Importance of Incorporation
Section 2: Freedom of Religion
The Establishment Clause
Religion in Public Life
Everson v. BOE (1947)
State Aid to Parochial Schools
BOE v. Allen (1968)
Three provisos for State Aid to Religious Institutions--the Lemon Test in Lemon v. Kurtzman (1971)
Meek v. Pittinger (1975)
Wolman v. Walter (1977)
Release Time
Engel v. Vitale (1962)
Other School Prayer Cases
Abington School District v. Schempp and Murray v. Curlett
Santa Fe Independent School District v. Doe (2000)
The Equal Access Act
Evolution and Creation
Epperson v. Arkansas (1968)
Edwards v. Aguillard (1987)
Other Establishment Issues
Nativity Scenes (Lynch and Pittsburg cases)
Prayers in Legislatures (Marsh)
The Free Exercise Clause
Limitations on Religion
Reynolds v. US (1879)
Jacobsen v. Massachusetts (1905)
Oregon v. Smith (1990)
Religious Freedom Restoration Act and City of Boerne
But religion upheld in Wisconsin v. Yoder (1972)
Don't worry about the flag salute cases.
Section 3: Freedom of Speech
Types of Speech
Pure Speech
Symbolic Speech
United States v. O'Brien (1968)
Regulating Speech
Clear and Present Danger Doctrine
Schenck v. US (1919)
The Bad Tendency Doctrine
Gitlow v. NY (1925) à also selectively incorporates free speech to the states.
Whitney v. CA (1927) (described on p. 382 as a freedom of association case)
The Preferred Position Doctrine
Murdock v. PA (1943) (Not in the book, but you should know it)
Sedition Laws
Dennis, Yates, and Brandenburg Decisions
Other Unprotected Speech
Defamatory Speech
Slander, libel
"Fighting Words"
Chaplinsky v. NH (1942)
Student Speech
Tinker, Bethel and Hazelwood Decisions
Section 4: Freedom of the Press
Prior Restrain Forbidden
Near v. Minnesota
The Pentagon Papers
New York Times Company v. US (1971)
Free Press and Fair Trials
Pretrial and Courtroom Publicity
Sheppard v. Maxwell (1966)
Unconstitutionality of Gag Orders
Exclusion from Court
Protecting Sources
Shield Laws
Free Press Issues
The Federal Communications Commission (FCC)
Motion Pictures
E-Mail and the Internet
Obscenity
Section 5: Freedom of Assembly
Protecting Freedom of Assembly
DeJonge v. Oregon (1937)
Assembly on Public Property
Limits on Parades and Demonstration
Cox v. NH (1941)
Adderly v. Florida (1966)
Cox v. Louisiana (1965)
Grayned v. City of Rockford (1972)
Police Department of Chicago v. Mosley (1972)
Assembly and Property Rights
Lloyd Corporation v. Tanner (1972)
Public Assembly and Disorder
Nazis in Skokie
"The Heckler's Veto"
Irving Feiner
Feiner v. NY (1951)
Protection of Peaceful Demonstrations
Gregory v. Chicago (1969)
Don't worry about picketing law
ALSO: Know all articles assigned since the last test.