Chapter 10:Judicial Branch

Question 1

What is the last name of John?

Answer 1

Roberts

Question 2

What is the last name of Ruth?

Answer 2

Bader Ginsburg

Question 3

What is the last name of Antonin?

Answer 3

Scalia

Question 4

What is the last name of Anthony?

Answer 4

Kennedy

Question 5

What is the last name of Sonia?

Answer 5

Sotomayor

Question 6

What is the last name of Clarence?

Answer 6

Thomas

Question 7

What is the last name of Elena?

Answer 7

Kagen

Question 8

What is the last name of Stephen?

Answer 8

Breyer

Question 9

What is the last name of Samuel?

Answer 9

Alito

Question 10

Who is the Chief Justice?

Answer 10

John Roberts

Question 11

What are substantive laws?

Answer 11

Defines what people can/cannot legally do

Question 12

What are procedural laws?

Answer 12

Defines how to apply or carry out laws?

Question 13

What are constitutional laws?

Answer 13

Laws found in the const.

Question 14

What are statutory laws?

Answer 14

Made by legislatures and address behaviors

Question 15

What are the 5 roles of law in society?

Answer 15

1. Provide security
2. Provide predictability
3. Resolve conflicts
4. Reflect society’s values
5. Distribute benefits

Question 16

What are the main types of laws?

Answer 16

Substantive-defines what people can/cannot legally do
Procedural-defines how to apply or carry out laws
Constitutional-laws found in the Const.
Statutory-made by legislatures and address behaviors
Administrative-bureaucratic agencies
Executive orders-rules made by the Pres.

Question 17

What do courts do?

Answer 17

Apply law to an actual situation

Question 18

Criminal case

Answer 18

• prohibit specific actions that the gov’t has determined break the public peace
• court decides if person accused is guilty or innocent “guilty beyond a reasonable doubt”

Question 19

Civil case

Answer 19

• court settles disagreements b/w individual or corporations or groups
• compensatory damages ($ for compensation)
• preponderance of evidence-“most likely”

Question 20

Civil:Defendant

Answer 20

The people who answer the complaint

Question 21

Plaintiff

Answer 21

People who bring a complaint=the person suing

Question 22

Prosecution

Answer 22

Gov’t body bringing criminal charges “the people”

Question 23

Criminal:Defendant

Answer 23

Person accused of breaking a law

Question 24

Explain the members of the court.

Answer 24

Judge-applies the law to the conflict between the plaintiff or prosecution and the defendant
Jury-decides the facts of a case-such as what happened and who did it

Question 25

What does it mean to interpret the law?

Answer 25

To decide what the law in question means

Question 26

Precedent

Answer 26

-a guideline for how all similar cases should be decided in the future

Question 27

Original jurisdiction

Answer 27

-the authority to hear a case first

Question 28

Appeal

Answer 28

-to ask a higher court to review the decision and determine if justice was done

Question 29

Appellate jurisdiction

Answer 29

-the authority to hear an appeal

Question 30

Judicial review

Answer 30

-the power to overturn any law that the Court decides is in conflict with the Constitution

Question 31

Judicial activism

Answer 31

-an effort by judges to take an active role in policymaking by overturning laws relatively often

Question 32

Judicial restraint

Answer 32

-an effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of the government

Question 33

Appeals court (US & MN)

Answer 33

MN:
-12 courts called circuits
-appellate jurisdiction
-no jury, no witnesses, no evidence
-panel of 3 judges
-decide to affirm or reverse 
US: Supreme Court
-highest in the federal court system
-serves as the final court of appeals for state and federal courts 
-limited original jurisdiction

Question 34

Marbury v. Madison

Answer 34

-creates precedent of judicial review

Question 35

Concurring opinion

Answer 35

-agree with majority but for a different reason

Question 36

Majority opinion

Answer 36

-winning side of the vote

Question 37

Dissenting opinion

Answer 37

-disagree with majority opinion

Question 38

What decisions does an appeals court make (define them as well)?

Answer 38

Appeals court-may decide to affirm, or let stand, the lower court’s decision

Question 39

Trial court/district Court (US & MN)

Answer 39

US:
-original jurisdiction
-95 districts
MN:
-different divisions serve different public needs
-may be appealed to a higher court

Question 40

Supreme Court (US & MN)

Answer 40

US:has the final say about what the constitution means and what laws it will allow
-establishes the broadest and longest-lasting precedent
MN:7 justices who review cases from the Court of Appeals
-not required to hear all cases before it
-review cases to set precedent in MN

Question 41

How does a case get to the MN Supreme Court? The US Supreme Court?

Answer 41

MN:appealed in the Court of Appeals
US:appealed in MN Supreme Court

Question 42

How does a Supreme Court case get overturned?

Answer 42

Congress passes an amendment

Question 43

Explain why each Branch is important and how each works together.

Answer 43

Executive Branch:executes laws
-signs bills into law or vetoes them
-has power to appoint justices
Legislative Branch:makes laws
-Congress declares war, instead of the President
-can pass an amendment to override what Judicial Branch declares unconstitutional
Judicial Branch:interprets laws
-can overturn laws that are unconstitutional
Important, because they stop any branch from becoming too powerful.