The Judiciary

Question 0

When was judicial review established?

Answer 0

Marbury vs. Madison

Midnight judges

Question 1

What is judicial review?

Answer 1

Allows courts to rule on the constitutionality of laws and actions

Question 2

According to de Tocqueville, why do Americans rely so heavily on the courts?

Answer 2

To answer political questions

Question 3

What is most American law based on?

Answer 3

English Common Law

Question 4

What is precedent?

Answer 4

A decision that has happened before

Question 5

What is the doctrine of stare decisis?

Answer 5

Ongoing tradition of letting a case stand using it as a basis for other rulings

Question 6

What are the main sources of American law?

Answer 6

• federal/ state constitutions
• statutes passed by legislators
• administrative law
• case law

Question 7

What is a case law?

Answer 7

Judicial interpretation of common law practices, interpretations of constitutional, statutory, and administrative laws

Question 8

What makes up America’s dual court system?

Answer 8

State courts and federal courts

Question 9

Where does the federal court derive its power?

Answer 9

Article 3 of the constitution

Question 10

What is diversity of citizenship?

Answer 10

When the two parties of a lawsuit are from different states or when a U.S. citizen sues a foreign citizen/gov

Question 11

What is the difference between trial courts and appellate courts?

Answer 11

Trial court= first to hear case

Appellate court= court of appeals

Question 12

Are federal courts located in every state?

Answer 12

Yes

Question 13

When can the Supreme Court review a state supreme court decision?

Answer 13

Only if federal question is involved

Question 14

What role do interest groups play in our judicial system?

Answer 14

They can lobby justices to make decisions in their favor

Question 15

What is an amicus curiae brief?

Answer 15

A document that tries to sway the court in one way because they have an interest in the case

Question 16

What is general jurisdiction?

Answer 16

Hear broad range of issues

Question 17

What is limited jurisdiction?

Answer 17

Hear case involving only certain types of claims

Question 18

What is a writ of certiorari?

Answer 18

Issued when the Supreme Court decides to grant a petition for review, orders lower courts to send a record of the case

Question 19

What is an opinion of the court?

Answer 19

The ruling/reasons for ruling

Question 20

What are the different types of opinions?

Answer 20

Unanimous: all justices agree
Majority: outlines views on a case of a majority of justices
Concurrent: justices want to point out a certain point
Dissenting: disagree with majority

Question 21

What does it mean if a case is remanded? Affirmed?

Answer 21

Remand: to send case back
Affirm: to state a ruling is valid and must stand

Question 22

What are oral arguments?

Answer 22

Attorneys present reasons to an appellate court why they should rule in the way they want them to

Question 23

What is senatorial courtesy?

Answer 23

Tradition allowing a senator to veto a judicial appointment in his or her state

Question 24

What type of policy did Senate Republicans implement in the 21st century regarding senatorial courtesy?

Answer 24

They decided that senatorial courtesy would no longer be used

Question 25

What is the historical demographic makeup of the U.S. Supreme Court?

Answer 25

``` Occupation: judge Religion: Protestant College graduates 51-60 White males ```

Question 26

What percentage of presidential supreme court nominations have been either rejected or not acted on by the Senate?

Answer 26

20%

Question 27

Why is Sandra Day O'Connor a significant past Supreme Court judge? Was she conservative or progressive?

Answer 27

- she was the first woman in the Supreme Court | - started off conservative but turned progressive

Question 28

Who is Harriet Myers?

Answer 28

Someone George W. Bush nominated to Supreme Court, that everyone hated

Question 29

What is judicial activism?

Answer 29

Someone trying to influence laws while on the Supreme Court

Question 30

What is strict construction?

Answer 30

Belief that everything should be by the constitution

Question 31

Who are the current Supreme Court justices?

Answer 31

- Stephen Breyer - Ruth Ginsburg - Anthony Kennedy - Clarence Thomas - Sonia Sotomeyer - Elena Kagen - Antonin Scalia - Samuel Alito Jr. - John Roberts Jr.

Question 32

Are any of the current Supreme Court justices strict constructionists?

Answer 32

Scalia

Question 33

Why was the Supreme Court significant in the presidential election of 2000?

Answer 33

Stopped hand count, activated electoral vote

Question 34

What does broad construction mean?

Answer 34

Interpret the constitution (look for loopholes)

Question 35

What is judicial restraint?

Answer 35

Courts should defer to the decisions of made by representatives elected by the people

Question 36

How do presidents change the direction of the Supreme Court?

Answer 36

Judicial nominations

Question 37

What can congress do if they disagree with the Supreme Court concerning the interpretation of the constitution?

Answer 37

Congress can deny funds, pass legislation that overturns the ruling, amend legislation