Judicial Branch - Test

Question 1

what article of the Constitution is the Judicial branch vaguely explained?

Answer 1

Article Three

Question 2

three functions of the Judicial Branch

Answer 2

1) Interpret the law
2) Settle Disputes
3) Create expectations for the future (est. Precedence)

Question 3

the 2 separate court systems in the USA

Answer 3

1) State Courts
2) Federal Courts

Question 4

3 main levels of the Federal court system

Answer 4

1) Supreme Court
2) Circuit/Court of Appeals
3) District Courts

Question 5

two categories of the Federal court system

Answer 5

1) Constitutional courts (district, court of appeals, and the supreme court)
2) Special Courts (armed services, veterans, federal claims, tax)

Question 6

Two major types of Jurisdiction:

Answer 6

1) Original Jurisdiction: the court in which the case is heard first
2) Appellate Jurisdiction: the court that hears the most cases on appeal

Question 7

Federal court that hears the most cases on the Federal level
- “Trial Courts”
- have original jurisdiction
- have juries

Answer 7

District Courts

Question 8

Federal court that only has Appellate Jurisdiction
- “Court of Appeals”
- no juries (3 judges)
- cannot refuse to hear a case

Answer 8

Circuit Courts

Question 9

Federal court that has both original and appellate jurisdiction
- “Court of Last Resort”
- hears mostly appeal cases
- can refuse to hear certain cases

Answer 9

Supreme Court

Question 10

how are federal judges appointed?

Answer 10

they are appointed by the president and approved by the Senate

Question 11

term of office for federal judges

Answer 11

lifetime appointments!
- until they die or retire

Question 12

police force of the court system

Answer 12

US Marshals (94)

Question 13

the person who files the complaint/suit

Answer 13

Plaintiff

Question 14

the person who the complaint is against

Answer 14

Defendent

Question 15

decides if there is enough evidence to take a case to trial
- only needs a majority vote!

Answer 15

Grand Jury

Question 16

decides the guilt or innocence of the accused
- must be a unanimous vote!

Answer 16

Petite Jury

Question 17

landmark case that gave the Supreme Court the power of Judicial Review

Answer 17

Marbury vs. Madison

Question 18

the right to decide if a case is constitutional or unconstitutional

Answer 18

Judicial Review

Question 19

what percent of cases does the Supreme Court accept out of 800-1000 cases they are presented?

Answer 19

1% or 80-100 cases

Question 20

federal government chief lawyer

Answer 20

Solicitor General

Question 21

when 4 out of 9 justices agree to hear the case

Answer 21

“Rule of Four”

Question 22

what kind of cases does the Supreme Court hear?

Answer 22

1) cases that will affect the whole country
2) cases that involve constitutional questions
3) crimes “committed on the high seas” - very rare nowadays!!

Question 23

if a case is heard it receives a what?
- legal order to hear the case

Answer 23

Writ of Certiorari

Question 24

written legal arguments presented by each lawyer to the Justices
- summary of the case that the Justices will read before the trial happens

Answer 24

Briefs

Question 25

lawyers present their cases verbally
- each lawyer gets exactly 30 minutes

Answer 25

Oral Arguments

Question 26

Official Ruling
- winning side!
- gives reasons for their decision

Answer 26

Majority Opinion

Question 27

losing side!
- gives reasons why they oppose the ruling
- “dissenting opinion”

Answer 27

Minority Opinion

Question 28

where are the most court cases heard overall?

Answer 28

on the State level

Question 29

what kind of case is normally settled out of court?

Answer 29

Civil Cases

Question 30

level of the state courts

Answer 30

1) State Supreme Courts (both original and appellate jurisdiction)
2) State Appellate Courts (appellate jurisdiction)
3) Circuit Courts (original jurisdiction, have juries!)
4) Probate Courts: deal w/ estates, wills, etc.
5) Juvenile Courts: deal w/ underage criminals
6) Family Courts: deal w/ custody, abuse, child support, etc.
7) Divorce Courts
8) Small Claims Courts: deal w/ minor lawsuit (less than $10,000)
9) Traffic Courts: deal w/ traffic violations

Question 31

only state court that has juries

Answer 31

the Circuit Courts