Judiciary Branch

Question 1

Article 2 in terms of the Judiciary Branch

Answer 1

Section I gave Congress the authority to establish other courts as it saw fit
Section II specifies that judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction
Section III defines treason and mandates that at least 2 witnesses appear in such cases
Framers gave Federal judges tenure for life “with good behavior” ; did not want judges to be subject to the whims of politics, the public, or politicians
Did not settle the question of judicial review; not explicitly stated in the Constitution– settled review with Marbury v. Madison (1803) for national government’s acts and Martin v. Hunter’s Lessee (1816) regarding state law

Question 2

Marbury v. Madison

Answer 2

Supreme Court first asserted the power of judicial review in finding that the congressional statute extending the Court’s original jurisdiction was unconstitutional

Question 3

Judicial Independence

Answer 3

concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests

Question 4

How Judicial Independence is Maintained

Answer 4

judges are appointed, they serve for life, and their salaries cannot be reduced

Question 5

Limits on Judiciary Independence

Answer 5

impeachment, code of conduct, oath of office

Question 6

Criminal Law

Answer 6

prosecution v. defense; codes of behavior related to the protection of property and individual safety; burden is on the prosecution to prove guilt (beyond reasonable doubt)

Question 7

Civil Law

Answer 7

plaintiff v. defense; codes of behavior related to business and contractual relationships between groups and individuals; burden is on plaintiff to prove liability by a preponderance of evidence (51%)

Question 8

Constitutional Law

Answer 8

body of law carved out by state/federal constitutions and supreme courts used in appeals/supreme courts; petitioner v. respondent

Question 9

trial courts

Answer 9

courts of original jurisdiction where a case begins

Question 10

Appellate Courts

Answer 10

courts that generally review only findings of law made by lower courts

Question 11

Original Jurisdiction

Answer 11

authority of a court to hear a case for the first time

Question 12

Appellate Jurisdiction

Answer 12

authority to review the decision of inferior court

Question 13

Judiciary Act of 1789

Answer 13

established the basic three-tiered structure of the federal court system

Question 14

District Courts

Answer 14

at least one in each state, each trial court staffed by a federal judge

Question 15

Circuit Court

Answer 15

avenue for appeal; each circuit court initially composed of one district court judge and two itinerant Supreme Court Justices who met as a circuit court twice a year

Question 16

Court of Appeals

Answer 16

• The losing party in a case heard and decided in a federal district court can appeal the decision to the appropriate court of appeals
• Have no original jurisdiction
• Try to correct errors of law and procedure that have occurred in the lower courts or administrative agencies
• Hear no new testimony; briefs submitted to them containing legal written arguments in a case
• Decisions of the court of appeals are binding on only the district courts within the geographic confines of the circuit
• Decisions of the Supreme Court are binding throughout the nation and established national precedents
• Reliance on past decisions or precedents to formulate decisions in new cases called “stare decisis”

Question 17

party affiliation

Answer 17

choosing judges from their own political party

Question 18

Judicial philosophy

Answer 18

appointing judges who share their political ideology

Question 19

Litmus Test

Answer 19

test of ideological purity toward a liberal or conservative stand on certain issues such as abortion

Question 20

Senatorial Courtesy

Answer 20

POTUS nominates qualified person BUT needs approval from senior senator where district judge is to serve; justice department finds candidates that match POTUS political philosophy; Senate judiciary committee holds confirmation hearings

Question 21

Senate Judiciary Committee

Answer 21

evaluates the nominee by gathering info, running a background check, and reviewing the record and qualifications of the nominee; following committee vote to confirm, whole Senate proceeds to official vote to confirmation

Question 22

The Supreme Court

Answer 22

• Reviews cases from the US Courts of Appeals and state supreme courts (as well as other courts of last resort)
• Acts as the final interpreter of the Constitution
• Resolves conflicts among the states
• 8 justices and one chief justice
• Center of highly controversial issues
• Ensures uniformity in the interpretation of national law and the Constitution
• Maintains the supremacy of national law in the federal system
• Relatively few support staff; clerks plus 400 staff members

Question 23

Writs of Certiorari

Answer 23

rule of 4 requires agreement of 4 justices to hear a case

Question 24

Factors in Judicial Decision Making

Answer 24

• Constitution and Law
• Judicial Philosophy
• Amicus Curiae Briefs
• Clerks
• Public Opinion
• the situation

Question 25

Writing Opinions

Answer 25

decision is explained in a written statement called an opinion

Question 26

Majority Opinion

Answer 26

majority of justices agree on the decision and its reasons

Question 27

Concurring Opinion

Answer 27

justice who agrees with the majority opinion but not with the reasoning behind the decision

Question 28

Dissenting Opinion

Answer 28

justice or justices who disagree with the majority opinion

Question 29

Judicial Activism

Answer 29

federal judiciary should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when those government bodies exceed their authority

Question 30

Judicial Restraint

Answer 30

courts should defer decisions made by the legislative and executive branches, because members of Congress and the president are elected by the people whereas members of the federal judiciary are not

Question 31

Attitudinal Model

Answer 31

based on policy goals/ ideology

Question 32

Strategic Model

Answer 32

in the middle of ideology and law

Question 33

Legal Model

Answer 33

based solely on the law

Question 34

Checks on Judiciary

Answer 34

• no implementation power
• appointed by POTUS
• confirmed by Senate
• Impeachable
• Congress limit size and jurisdiction
• Overturn decision with amendment
• Congress passes slightly revised law

Question 35

Policy Making

Answer 35

more than 100 federal laws have been declared unconstitutional; ability to overrule itself

Question 36

Judicial Implementation

Answer 36

refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit

Question 37

Executive Branch’s interaction with Judiciary

Answer 37

appointments, enforcement of decisions, solicitor general

Question 38

Legislative Branch’s interaction with Judiciary

Answer 38

confirmation, impeachment, legislation after unfavorable decisions that take a slightly different form than the decision, amendment process