Ch. 16: The Judicary

Question 0

Congress has the power to…

Answer 0

create additional courts
change jurisdiction
set the # of judges for the courts
checks & balances

Question 1

What article created the Supreme Court?

Answer 1

Article 3 Section 1 of the US Constitution

• Marbury v. Madison (case gave court it’s power) (allot her judiciary act of 1789)
• judicial review created
• Dred Scott V Sanford

Question 2

Judiciary Act 1789 (read bottom to top)

Answer 2

USSC {could go to here, only 1% of cases do}
13 US Court of Appeals { grounds for appeal}
Special Ct (legis. cts: veterans, tax court) 92 district cts (const. cts look @ issues concerning const.) {starts}

Question 3

Appointment Process

Answer 3

• prez nominates fed judge (all fed cts)
• sent to Senate judiciary committee for consideration (no qualifications to be a judge)
• committee holds a hearing
• -witnesses, both supporting & opposing the nomination present their views
• -senators question the nominee on his/her qualifications, judgement, philosophy (litmus test: politically philosophy to see if more liberal or conservative)
• -committee then votes & sends its recommendation to the full senate
• -the full senate debates nomination (blue slip: only applies to ct of appeals/special/or district cts, signed to acknowledge support by senators in district)
• -when the debate ends, the senate votes on the nomination, simple majority, VP is tiebreaker

Question 4

Supreme Court Jurisdiction

Answer 4

who has the right to hear a case first

• appellate jur: cases appealed from a lower court, not 1st time hearing
• original jur: SC shall have original BUT NOT exclusive jur (can hear for 1st time if they wish)
• -all actions/proceedings to which ambassadors, other public ministers, consuls,or vice consuls of foreign states are parties
• -all controversy b/w US & state
• -all actions/proceedings by a state against citizens of another state or aliens

Question 5

dual court system

Answer 5

federal jurisdiction & concurrent jurisdiction

Question 6

federal jurisdiction

Answer 6

Federal question cases
-constitution or US fed law is being challenged
diversity cases
-civil suit b/w ppl and has to be greater than $75,000

Question 7

Concurrent Jurisdiction

Answer 7

both state & fed cts can hear state

• states can also review fed question & diversity cases but subject to Sup. Ct review (overturned by Sup Ct)
• if both fed & state laws are broken
  ex. murder, state & fed crime, could be heard in either but mostly state ct, use magnitude of crime to determine which court

Question 8

How a state gets to US Supreme Court

Answer 8

-petitions on appeals from State Court or US Ct of Appeals
OR if Original Jurisdiction applies
-4/9 judges needed to get a case on docket (agenda)
-Writ of Certiorari is granted if Sup. Ct agrees to hear case on appeal
(If take on case, all decisions from lower courts & back info sent up to Sup Ct so they can review it)
(If Sup Ct doesn’t agree to hear case, ask lower ct to reconsider decision, let lower ct stand)