Chapters 18-20 Government Study Guide
Chapter 18: The Federal Court System
1. What Article of the Constitution establishes the federal court system?
2. What does it mean that the United States has a dual court system?
3. What two types of courts belong to the federal system of courts?
4. Define jurisdiction. What are exclusive, concurrent, original, and appellate jurisdictions?
5. Who is the plaintiff in a case? Who is the defendant in a case?
6. What is the role of the courts of appeals?
7. Describe the structure of the courts of appeals (judicial circuits, Supreme Court oversight).
8. What is the jurisdiction of the courts of appeals?
9. How many members does the Supreme Court have? What do we call them?
10. What does the term “judicial review” mean and how does it apply to the Supreme Court?
11. From what historic case does the Supreme Court derive its power of judicial review?
12. What is the jurisdiction of the Supreme Court?
13. When does a case accepted by the Supreme Court? / What is the “rule of four”?
14. What is the role of writ of certiorari?
15. What happens when a writ is granted? What happens when a writ is denied?
16. What is the role of a certificate?
17. Describe each of the four major steps in the way the Supreme Court operates/makes a decision (briefs,
oral arguments, conference, majority opinion).
18. Who are the lawyers who argue a case before the Supreme Court? What does the Solicitor General do?
19. What is the role of a precedent?
20. What is the difference between a concurring and a dissenting opinion?
21. What is the difference between judicial activism and judicial restraint? Give a court example for each.
22. Give three examples of a special court.
23. What types of cases do the following special courts hear: U.S. Court of Federal Claims, Territorial
Courts, Court of Appeals for the Armed Forces, Court of Appeals for Veterans Claims, U.S. Tax Court?
Chapter 19: Civil Liberties: The Bill of Rights: First Amendment Freedoms
1. What are civil liberties?
2. What Amendment extended civil liberties protections against the federal government to civil liberties
protections against the states (14th, due process)?
3. What do the establishment clause and the free exercise clause state?
4. What are the two purposes of freedom of expression?
5. When does speech lose its 1st Amendment (“freedom of expression”) protection; i.e. what is the “clear
and present danger test”?
6. Define prior restraint. What are some exceptions to prior restraint?
7. What is the difference between libel and slander?
8. Is a statement proected if it is made by malicious intent and recless disregard for the truth? If it is made
against the government or a government official? If it is made against a private citizen?
9. What is symbolic speech? Give examples of, as well as an exception to, symbolic speech.
10. How is speech made on radio and television regulated? What types of speech are prohibited on radio
and TV? What is the situation with movies?
11. Define seditious act/speech. Is it protected by the 1st Amendment? Why or why not?
12. When can government limit your freedom to assemble? What do you need to do prior to assembling at a
public place (advance notice & permit)?
13. What is the difference between peaceful assembly and civil disobedience? Which of them is protected?
14. Can you protest on private property, e.g. at a shopping mall?
15. Can you deny membership to someone in your private club?
Chapter 20: Civil Liberties: Protecting Individual Rights
1. What does due process of the 5th Amendment protect?
2. What is the difference between substantive due process and procedural due process?
3. How does due process apply to police power and the right to privacy (search warrants, abortions – Roe
v. Wade)?
4. What does the freedoom and security of the person” mean? What amendments apply to it?
5. What does the 13th Amendment’s protection against involuntary servitude protect against (slavery)?
6. What are some exceptions to the involuntary servitude protection (military, imprisonment)?
7. What rights do the 2nd , 3rd , and 4th Amendments protect?
8. What is a search warrant? Define probable cause.
9. What is the exclusionary rule (Mapp v. Ohio)? What are exceptions to the exclusionary rule?
10. Whose rights does the 5th Amendment protect (the accused)?
11. Name some of the rights of the accused under the 5th Amendment (there are at least 9).
12. Define habeas corpus. What is the significance of habeas corpus?
13. What does it mean that the Supreme Court does not allow bills of attainder?
14. What does it mean that the Supreme Court does not allow ex post facto laws?
15. What types of laws are considered exceptions to ex post facto laws (civil laws, e.g. tax laws)?
16. What is the difference between grand jury and petit jury?
17. What is double jeopardy?
18. What does it mean that you have the right to adequate defense (Gideon v. Wainright)?
19. List your rights under the Miranda Rule (Miranda v. Arizona).