gov ch 8

Question 1

What two courts are in the Dual court system

Answer 1

Federal vs. State courts

Question 2

Jurisdiction

Answer 2

The authority to hear and decide each case.

Question 3

What are examples of cases state courts would take?

Answer 3

more of cases like rape, robbery, murder, misdemeanor crimes - closer to home

Question 4

What are examples of cases federal courts would take?

Answer 4

national issues, terrorism, bank fraud, mail fraud

Question 5

Exclusive Jurisdiction

Answer 5

Jurisdiction that depends either on the subject matter (of a case or the parties involved.)
-> A person can only file a bankruptcy action in a federal bankruptcy court.

Question 6

Concurrent Jurisdiction:

Answer 6

Cases that fall under jurisdiction of both state and federal courts.
-> Both the local police and the FBI having the authority to deal with a case

Question 7

What does the first court that hears a case have?

Answer 7

original jurisdiction

Question 8

Plaintiff

Answer 8

The person making a legal complaint in court
- complaining

Question 9

Defendant:

Answer 9

The person being accused or sued in court
- defends themself

Question 10

judicial restraint vs judicial activism

Answer 10

a judge who follows judicial activism believes that their own beliefs and opinions should factor into deciding the outcome of cases. However, a judge who follows judicial restraint believes that their own beliefs and opinions play no role in reaching decisions.

Question 11

Civil cases vs criminal cases

Answer 11

A civil case happens when one person, business, or agency sues another one because of a dispute between them, usually involving money.

a criminal case involve violations of criminal laws

Question 12

what are grand juries

Answer 12

sometimes used for serious criminal cases: panels of 16-23 citizens used to decide outcome

Question 13

Appeal:

Answer 13

apply to a higher court for a reversal of the decision of a lower court

Question 14

appellant

Answer 14

person to files an appeal

Question 15

procedure of an appeal

Answer 15

appellant usually has to show the original ruling was based on a legal mistake

      → they do not retry cases

Question 16

What factors are considered when appointing federal judges

Answer 16

• Legal Expertise (need to know everything abt law, law school)
• party affiliation (resonates w the president)
• opinions of the senate (senate has to approve them and like them)
• judicial philosophy

Question 17

What are the two factors too judicial philosophy

Answer 17

judicial activism

judicial restraint

Question 18

what is a precedent

Answer 18

previous court rulings

Question 19

Checks on other branches

Answer 19

Judicial Review

Art. III judges have no term limits

Salary cannot be decreased during term

Question 20

Checks on Judicial branch

Answer 20

Appointed by president, confirmed in senate

Congress can impeach judges (difficult)

Congress can make amendments to the constitution (difficult)

Question 21

Plessy V. Ferguson (1896)

Answer 21

→ separate but equal (water fountains, etc.)

Question 22

Brown v. Board of Education of Topeka, Kansas (1954)

Answer 22

little rock 9

Question 23

Roe v. Wade (1973)… Dobbs v. Jackson Women’s Health Organization (2022)

Answer 23

→ abortion, activist

Question 24

what is the supreme court

Answer 24

ultimate appellate court

Question 25

how many members are on the supreme court

Answer 25

9 justices

Question 26

what are most cases supreme court hears

Answer 26

cases usually involve major questions about the meaning of the constitution or about federal law

Question 27

what does it mean by FDR packing the court

Answer 27

→ wanted justices that agreed w his political agenda

Question 28

how do they choose supreme court judges

Answer 28

- same criteria as other judges → political “litmus test”

Question 29

Writ of certiorari:

Answer 29

a request that the Supreme Court order a lower court to send up the record of the case for review.

Question 30

How many judges need to agree to hear a case

Answer 30

if four Justices agree to review the case, then the Court will hear the case

Question 31

Supreme court procedure

Answer 31

Select a case (court requests reviewing) → briefs (written) → oral arguments (heard) ->(read arguments of each of the sides)→ issue opinion

Question 32

what can the supreme court issue as their decision

Answer 32

Dissenting opinions - if one disagree w/ majority Concurring opinions - a judge agrees with the ultimate conclusion made by the majority of the court but disagrees on how they reached that decision. Majority opinion - signed by 5 out of the 9 justices