Judicial

Question 1

article III

Answer 1

establishes the roles, powers, and functions of the judicial branch of government

Question 2

three level court system

Answer 2

lowest: US district courts
middle: US circuit court of appeals
highest: US supreme court

Question 3

judge’s terms

Answer 3

• life appointment
• allows for consistency with law interpretation
• federal judges can be impeached

Question 4

jurisdiction

Answer 4

original jurisdiction: the authority to hear cases for the first time
appellate jurisdiction: hearing cases from lower courts (the supreme court)

Question 5

treason

Answer 5

“levying war”
“giving aid to an enemy”
- an accused person can only be convicted of treason with two witness testimonies

Question 6

right to a jury trial

Answer 6

a jury trial is a citizen’s natural check on government accusations

Question 7

judicial review

Answer 7

the power of the judicial branch to examine the constitutionality of legislative acts

Question 8

US district courts

Answer 8

• 94 courts
• trial courts: plaintiff v. defendant
• federal criminial and civil cases
• 94 us district attorneys represent the federal government
• headed by the justice dept. attorney general

Question 9

US circuit court of appeals

Answer 9

13 regional circuits
- the apposing parry can appeal based on certiorari
- petitioner v. respondent
- public hearing heard by 3 justices
- 200 federal judges

Question 10

certiorari

Answer 10

to make more certain

Question 11

the supreme court

Answer 11

1 court (article III)
- hears appeals from state and circuit courts
- can hear original jurisdiction in unique cases
- hear 80-100 cases per year
- a supreme courts ruling becomes law

Question 12

common law & precedent

Answer 12

• precedent
• binding precedent
• persuasive precedent

Question 13

precedent

Answer 13

• a firmly established legal position
• stare decisis “let the decision stand”

Question 14

binding precedent

Answer 14

• district courts ruling the same as a similarly decided case from an upper court

Question 15

persuasive precedent

Answer 15

• considering past decisions by distant district courts as a guiding basis for a decision

Question 16

continuity and change over time

Answer 16

• long justice tenure & stare decisis = more continuity than change
• precedents may be overturned due to bad decisions
  ex. plessy v. ferguson and brown v. board

Question 17

the supreme court today

Answer 17

• more diverse than ever and a bit more unpredictable

Question 18

john roberts and “judicial minimalism”

Answer 18

• “judges and justices are servants of the law, not the other way around”
• they take fewer cases and have longer discussions

Question 19

strict constructionist

Answer 19

interprets the constitution in its original context

Question 20

liberal constructionist

Answer 20

interprets the constitution as a living document that adapts to changing times

Question 21

the new deal and fdr

Answer 21

roosevelt’s attempt to “pack” the supreme court led staunch conservatice justices to be more liberal minded

Question 22

warren court

Answer 22

• very liberal
• he was unpopular with traditionalists
• is revered for strong leadership and upholding civil rights

Question 23

burger court

Answer 23

• liberal
• lacked the leadership to make SCOTUS function efficiently

Question 24

rehnquist court

Answer 24

• strict
• he reorganized procedures and caseloads
• an ideological shift took place in the 1990s

Question 25

can scotus intervene on amendments?

Answer 25

• no
• however it’s easier to pass a law deemed “unconstitutional” with slightly different language

Question 26

petition of certiorari

Answer 26

• a brief arguing why/how a lower court erred
• four out of nine justices = the case will be heard (rule of four)
• amicus curiae brief: “friend of the court” submitted by an outside, interested party to sway court’s decision

Question 27

majority opinion

Answer 27

• the written summary of a case, the court’s decision, and rationale

Question 28

concurring opinion

Answer 28

• a written statement of agreement but with discrepancy

Question 29

dissenting opinion

Answer 29

• a justice explaining why they disagree with the majority opinion

Question 30

judicial activism

Answer 30

• acting in a decision to make the law
  ex. roe v wade

Question 31

judicial restraint

Answer 31

• only acting if there is a clear injury or violation of the constitution

Question 32

checks on the judicial branch

Answer 32

• appointments by: president
• confirmations by: senate
• senate “advice & consent” SCOTUS appointments are more likely to be scrutinized by the Senate
• senatorial courtesy: appointing a lower judge based on that state’s senators opinion

Question 33

getting “borked”

Answer 33

• to prevent confirmation by attacking a nominee’s past beliefs

Question 34

“nuclear option”

Answer 34

• delaying confirmation through a filibuster

Question 35

dramatic appointments

Answer 35

• clarence thomas & anita hill: thomas was confirmed dispite sexual misconduct allegations

Question 36

influence by other branches

Answer 36

• justice dept (an exec. department that enforces criminal law: fbi, dea)
• impeachment & oversight: federal judges can be impeached for bad behavior
• article III: standing congress determines requirements for a case to go to court