Judical Branch Unit 4

Question 1

Jurisdiction

Answer 1

The power invested in the court to hear and decide issues in a particular case

Question 2

Original Jurisdiction

Answer 2

Jurisdiction of courts that hear a case first and determine the facts of the case

Question 3

Appellate Jurisdiction

Answer 3

Jurisdiction of courts to review and revise the decision of a lower court

Question 4

The Judiciary Act of 1789

Answer 4

The act that established the 3 tiered structure of the federal court system

Question 5

Precedent

Answer 5

A prior binding SC judicial decision that serves as a rule for settling similar cases

Question 6

Stare Decisis

Answer 6

A reliance on past decisions or precedents to formulate decisions in new cases

Question 7

Judicial Review

Answer 7

Judicial branch can review acts of the other branches

Question 8

Dual System

Answer 8

Federal Courts and State Courts

Question 9

Structure of Courts

Answer 9

Supreme Court
Court of Appeal
District Court

Question 10

Supreme Court

Answer 10

• Highest authority
• Both OG and appellate jurisdiction
• 9 justices; serve for life

Question 11

Court of Appeal

Answer 11

• Created by Congress
• Decides appeals from district courts
• Appellate jurisdiction

Question 12

District Courts

Answer 12

• Lowest level
• OG jurisdiction
• In states based on pop.

Question 13

Senatorial Courtesy

Answer 13

For the president to appoint, he must ask for permission from the state senator from which the apointee is from

Question 14

Process of Appointment for SC Judges

Answer 14

1.) Investigation
2.) Nomination sent to senate
3.) Senate hearings
4.) Litmus Test
5.) Voting

Question 15

Litmus Test

Answer 15

Questioning to get judges getting nominated stance on issues such as abortion

Question 16

Current SC Judges (Name CJ)

Answer 16

John Roberts (CJ)
Clarence Thomas
Sam Alito
Sonia Sotomayor
Elena Kagen
Neil Gorsuch
Brett Kavanaugh
Amy Coney Barrett
Katanji Brown Jackson

Question 17

Appointment Criteria

Answer 17

• Experience
• Religion
• Gender/Race
• Ideology
• Rewards

Question 18

Writ of Certiorari

Answer 18

Request from SC to order record from lower court to review case

Question 19

Rule of 4

Answer 19

4 justices must vote to hear a case before it is heard

Question 20

Solicitor General

Answer 20

Responsible for handling all appeals on behalf of the US Government

Question 21

Amicus Curiae

Answer 21

“friend of court” who may file briefs or appear to argue in court

Question 22

Judicial Restraint

Answer 22

Judges need to stick to the law and constitution rather than their own beliefs.

Question 23

Judicial Activism

Answer 23

Judges should use their power to change and later laws to further justice

Question 24

Strict Constructionist

Answer 24

Interpreting the constitution the way it was originally written

Question 25

Judicial Implementaion

Answer 25

Process of putting judicial decisions into action

Question 26

Deciding on What Case to Hear Critria

Answer 26

1.) Federal Question? 2.) Must come from COA, DC, or State Courts

Question 27

Civil Liberties

Answer 27

Personal freedoms teh government cannot abridge on

Question 28

Civil Rights

Answer 28

Government-protected rights of individuals against bad treatment by the government or individuals

Question 29

Due Process Clause

Answer 29

No state shall deprive any person of life liberty or property without due process of law

Question 30

Substantive Due Process

Answer 30

Protects citizens from unjust state or federal laws

Question 31

Selective Incorporation

Answer 31

Using the Due Process Clause to decide if states should incorporate protections found in the Bill of Rights

Question 32

Fundamental Freedoms

Answer 32

Rights defined by the court as essential to order, liberty, and justice and therefore entitled to the highest standard of review

Question 33

3 Clauses in 14 Amendment

Answer 33

Citizenship clause Due Process clause Equal Protection clause

Question 34

Strict Scrutiny

Answer 34

Highest level of review of courts mainly in freedoms/right cases

Question 35

1st Amendment

Answer 35

Freedom of Speech, Religion, Press, Assembly and Petition

Question 36

Establishment Clause

Answer 36

Prevent government from establishing a religion

Question 37

Free Exercise Clause

Answer 37

Allows individuals to practice religion without government interference

Question 38

Limitations on Freedom of Speech

Answer 38

Libel/Slander Fighting Words Obscenity

Question 39

Prior Restraint

Answer 39

The government cannot prevent speech or publication before published

Question 40

Libel

Answer 40

False written statements that defame a person character

Question 41

Habeas Corpus

Answer 41

Authorities must prove that a criminal is being held lawfully and imply criminal charges against them

Question 42

Ex Post Facto Law

Answer 42

Laws that make act punishable as a crime even if it was legal when it was committed (BANNED BY CONS.)

Question 43

Bill of Attainder

Answer 43

Law declaring act illegal without trial (BANNED BY CONS.)

Question 44

Reasonable Suspicion

Answer 44

Can search without a warrant if their belief or facts result in suspicion

Question 45

Exclusionary Rule

Answer 45

Police cannot use illegally seized object as evidence in trial

Question 46

6th Amendment

Answer 46

Right to speedy and jury trial

Question 47

Miranda Rights

Answer 47

Police must inform a suspect of their constitutional rights

Question 48

Lemon Test

Answer 48

Test to detirmine reglious cases 1.) Does it have a secular purpose 2.) It doesn't inhibit religion or advance 3.) Does not foster government inference with relgion

Question 49

What amendments go into the right of privacy?

Answer 49

1, 3, 4, 9, 14