Unit 2 part 2

Question 1

War Powers Resolution

Answer 1

law that restricts the power of the President to use troops in combat more than 60 days without Congressional Authorization (largely ignored by presidents)

Question 2

Bully Pulpit

Answer 2

using position to apply pressure to other branches of government by addressing the public

Question 3

Federal Judiciary

Answer 3

Branch of government whose role is to interpret and apply laws of the nation

Question 4

Judiciary Indepedence

Answer 4

essential for preserving liberty and upholding checks and balances, appointed not elected, can serve for term of “good behavior”, salaries are protected

Question 5

SCOTUS

Answer 5

Highest court in the land, has supremacy over matters involving the Constitution and federal law, appellate jurisdiction

Question 6

US Court of Appeals

Answer 6

Congress creates, appellate jurisdiction

Question 7

US District Courts

Answer 7

Congress creates, original jurisdiction (Court has authority to hear case first)

Question 8

Appellate jurisdiction

Answer 8

court has authority to review decision of lower court and revise of overturn that decision

Question 9

Madbury v. Madison

Answer 9

President Adams made appointments to federal posts at the end of his presidency, One of these was Marbury and he did not receive his post to serve on federal bench in time and so Marbury filed lawsuit to force the new administration to give him his post to the court
SCOTUS decided Yes, Marbury was entitled to his post that was given to him by the previous administration
NO, SCOTUS does not have the authority force the administration to give him his post
THIS WAS THE FIRST TIME SCOTUS EXERCISED JUDICIAL REVIEW

Question 10

Judicial Review

Answer 10

solidified the court’s power to review decisions and apply them to the Constitution, allowed SCOTUS to overturn state laws

Question 11

Civil law

Answer 11

law covering cases involving private rights and relationships between individuals and groups

Question 12

Criminal Law

Answer 12

law covering actions that harm the community, government tries to prove guilt of the defendant

Question 13

State Courts

Answer 13

handles majority of cases in the US (including civil and criminal), state judges are elected or appointed (it varies), Structure :Trial courts (original jurisdiction)
Appellate courts (appellate jurisdiction)
State supreme courts (appellate jurisdiction)

Question 14

Federal Courts

Answer 14

lowest level (federal district courts with og jurisdiction), middle level (federal court of appeals with appellate jurisdiction) , SCOTUS (resolves differences between states and different interpretation)

Question 15

Majority opinion

Answer 15

Binding SCOTUS opinion that serves as a precedent

Question 16

concurring opinion

Answer 16

opinion that agrees with majority opinion, offering different or additive reasoning that does not serve as precedent

Question 17

Dissenting opinion

Answer 17

opinion that disagrees with the majority opinion and does not serve as precedent

Question 18

Judicial Restraint

Answer 18

judges should be cautious overturning laws, defer judgement to other branches of gov

Question 19

Judicial Activism

Answer 19

judges should wield the power of judicial review, sometimes creating new policies, other branches can make mistakes