ch 6

Question 1

Federal Judiciary

Answer 1

the branch of the federal government that interprets the laws of the nation.

Question 2

Supreme Court

Answer 2

the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation.

Question 3

Original Jurisdiction

Answer 3

the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case.

Question 4

Appellate Jurisdiction

Answer 4

the authority of a court to hear and review decisions made by lower courts in that system.

Question 5

Marbury v. Madison

Answer 5

a Supreme Court decision that established judicial review over federal laws.

Question 6

Judicial Review

Answer 6

the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.

Question 7

Criminal Law

Answer 7

a category of law covering actions determined to harm the community itself.

Question 8

Civil Law

Answer 8

a category of law covering cases involving private rights and relationships between individuals and groups.

Question 9

Federal District Courts

Answer 9

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.

Question 10

Federal Courts of Appeals

Answer 10

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

Question 11

Precedent

Answer 11

a judicial decision that guides future courts in handling similar cases.

Question 12

Stare Decisis

Answer 12

the practice of letting a previous legal decision stand.

Question 13

Majority Opinion

Answer 13

binding Supreme Court opinions, which serve as precedent for future cases.

Question 14

Concurring Opinion

Answer 14

an opinion that agrees with the majority decision, offering different or additional reasoning that does not serve as precedent.

Question 15

Dissenting Opinion

Answer 15

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

Question 16

Judicial Restraint

Answer 16

a philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws.

Question 17

Judicial Activism

Answer 17

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.

Question 18

Why are federal judges appointed, rather than elected?

Answer 18

Many states elect judges and politics influence their decisions. Federal judges are appointed by the president and confirmed by the senate in an effort to make them independent from politics and other branches of government.

Question 19

What are the advantages of electing judges at the state level?

Answer 19

They are held more accountable to the people who elected them.

Question 20

How the constitution structures the federal judiciary:

Answer 20

1. Constitution contains less details about the judiciary than about legislative or executive branches.
2. Article III, along with supremacy clause, establishes the supremacy of the supreme court over matters involving Constitution and federal law.
3. Supreme court, by Article III, is the highest court in the nation. However, lower courts are left to congress.
4. Constitution clarified the jurisdiction of the courts, what authority they have to hear and decide on specific cases.
5. Judiciary act of 1789 allowed congress to flesh out the organization of the court system.
6. All federal judges nominated by President and confirmed by majority vote in the Senate.
7. Constitution places no requirements on the qualifications to serve in federal judiciary, but experience, ethical integrity, and legal accomplishments are important factors.
8. Presidents tend to nominate individuals with whom they share similar philosophies and approaches to constitutional interpretation.

Question 21

Marbury vs. Madison

Answer 21

Chief Justice Marshall found that part of the law that Marbry was basing his claim on, The Federal Judiciary act of 1789, was unconstitutional and thus unenforceable.

Question 22

Marbury vs. Madison established what?

Answer 22

power of Judicial Review. Power to review laws and actions of other branches and levels of government to decide if they are in conflict with the constitution.

Question 23

What are the two levels of courts in the US?

Answer 23

Federal and State

Question 24

Most cases are resolved at the state level.

Answer 24

fact

Question 25

Remember: in criminal cases, a prosecutor brings a case against a defendant for wrongdoing in the community.

Answer 25

true

Question 26

Federal Judiciary is organized into three levels:

Answer 26

Federal district courts, the Federal courts of appeals, and the Supreme Court

Question 27

Supreme court may act as a national policymaker and agenda setter, but there are checks to its power.

Answer 27

fact

Question 28

Supreme court relies on other branches of government to implement its decisions.

Answer 28

true