judiciary

Question 1

original role of courts

Answer 1

find and apply existing law
- judges can’t make laws and only interpret them to apply them

Question 2

the dual court system

Answer 2

there is a path to the us supreme court from both districts and state

Question 3

path to us supreme court

Answer 3

district court —> court of appeals —> supreme court
state trial court —> court of appeals —> state supreme court —> us supreme court

Question 4

who creates the supreme court

Answer 4

constitution article III

Question 5

who creates the lower courts

Answer 5

congress

Question 6

what is original jurisdiction

Answer 6

where the case is heard first
power to hear a case first before another court

Question 7

what type of cases does supreme court hear

Answer 7

appeals based on constitutional principle

Question 8

marbury v madison

Answer 8

chief justice john marshall claimed power for the court
^. judicial review
allows courts to rule on constitutionality of laws and executive actions (power to strike down or reinforce policy)

Question 9

three tiered structure of federal courts

Answer 9

district courts
court of appeal
supreme court

Question 10

district courts

Answer 10

where all court cases start (original jurisdiction)
federal crimes

Question 11

courts of appeal

Answer 11

hears appeals from lower level
panel of judges review cases
court simply interprets the case as it relates to the law
focuses on error of procedure and law

Question 12

how the supreme court works

Answer 12

ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law
- 9 justices (1 chief and 8 associate)
controls its own agenda (what cases to hear)
mostly appellate jurisdiction

Question 13

supreme court decision making process

Answer 13

decision to grant certiorari
reading submitted briefs
oral argument
conference to decide the case and assign written opinion
announcement of decision

Question 14

granting certiorari

Answer 14

did the case go through the proper channels
does it relate to a federal law

Question 15

how are supreme court judges selected

Answer 15

qualifications : should exhibit good behavior (not a felon)
nominated by president but confirmed by senate
1/5 not approved

Question 16

senatorial courtesy

Answer 16

unwritten tradition where a judge isn’t confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination

Question 17

what are some considerations for supreme court judges

Answer 17

most have judicial or political experience to highlight competence
presidents want to appoint people who share their views (ideology and political preference)
party loyalty (same party)

Question 18

litmus test

Answer 18

test of ideological purity
attitude towards abortion rights, affirmative action, gun rights, etc

Question 19

judicial restraint

Answer 19

judge should limit their role of judicial review ( not making laws)
since judges aren’t elected, it is more democratic for congress and executive to solve social, economic, and political problems

Question 20

judicial activism

Answer 20

says federal judges must correct injustices when other branches of government or states refuse to do so; promote social justice

Question 21

litigants

Answer 21

person involved in lawsuit

Question 22

plaintiff

Answer 22

party bringing charge

Question 23

defendant

Answer 23

party being charged

Question 24

standing to sue

Answer 24

litigants must always have standing to sue
a serious interest in the case, directly involved

Question 25

class action suits

Answer 25

multiple people suing against a single organization
brown v board of ed

Question 26

justiciable disputes

Answer 26

a case must be capable of being settled as a matter of law

Question 27

attorney general

Answer 27

chief law enforcer of us and chief lawyer of government and legal advisor to president
rare sc appearacnes

Question 28

solicitor general

Answer 28

represents frederal government of us before supreme court
handles all appeals on behalf of us government

Question 29

how power is promoted in judiciary

Answer 29

appointed (not elected)
life terms
salaries cant be reduced
sets own agenda
makes final decision

Question 30

checks on judiciary power

Answer 30

appointment and confirmation process
congress can amend the constitution
jurisdiction can be changed
justices can be impeached

Question 31

majority opinion when supreme court makes decisions

Answer 31

establishes precedent and guidelines for the lower courts

Question 32

dissenting (minority) opinions when supreme court makes decisions

Answer 32

written by justices who oppose the majority
not the actual decision but can be important in the future to see what the other argument was and could come up again when overturning precedent

Question 33

concurring opinions

Answer 33

written in support of the majority but stress a different legal basis

Question 34

stare decisis

Answer 34

“let the decision stand”
an earlier decision should hold for the case being considered
based on precedent

Question 35

amicus curia briefs

Answer 35

amicus curiae is a person who isn’t a party to a case. They assist an appellate court by offering additional, relevant information or arguments the court may want to consider before making their ruling.

Question 36

role. of law clerks

Answer 36

They recommend which cases the court should hear, make suggestions about how the cases n-right be decided, and even prepare firsi drafts of the justices’ opinions.