Chapter 10: Judiciary

Question 1

• Power to declare a law unconstitutional
• Power to make that law unenforceable (void)

Answer 1

Judicial Review

Question 2

William Marbury was denied his commission as a justice of the peace and went to the Supreme Court for a writ of mandamus against Secretary of State James Madison to hand over the commission

• Chief Justice John Marshall
• Federalist President John Adams
• Justice William Marbury
• Secretary of State James Madison
• Demo. Rep. President Thomas Jefferson

Established Judicial Review and first case to deem a law unconstitutional.

Answer 2

Marbury vs Madison 1803

Question 3

Law to establish Judicial Courts
- Const. establish Supreme Court
- Left Congress the authority to establish lower courts (circuit, district)
- Supreme Court, Circuit Court of Appeals + District Courts
- Was deemed unconstitutional in M v. M

Answer 3

Judiciary Act of 1789

Question 4

Written personal issues directed to authorities to perform their legal duties
- Corrects individuals abuse of discretion; they must do the work

Answer 4

Writ of Mandamus

Question 5

Orders a lower court to deliver its record in a case so the higher courts can review it
- Seeking Judicial Review of the lower courts

Answer 5

Writ of Certiorari

Question 6

Exercise of Judicial power to go beyond government laws and acts
- Judicial activists do not do their interpretation of the Const. but instead they decide cases to advance their own policies

Answer 6

Judicial Activism

Question 7

Courts should avoid deciding cases that would overturn the actions of other branches
- Decide in favor of the other branches/precedents

Answer 7

Judicial Restraint

Question 8

Legal principle that determines points in litigation according to a precedent
- “Stand by the things already decided”

Answer 8

Stare Decisis

Question 9

Supreme Court is the first and only court to hear a case
- The first time you go to court
- After you appeal from a court case, you move to Appellate Juris
- Supreme Court has both
- District/Appeals has it

Answer 9

Original Jurisdiction

Question 10

Courts of Appeal can reverse or modify the lower court’s decision
- Criminal and Civil cases
- Supreme Court
- District/Appeals has it

Answer 10

Appellate Jurisdiction

Question 11

Most powerful court because of Judicial Control/Review (9 J’s)
- Can make a law invalid
- Decides litigation
- Declares law unconstitutional
- Rule of 4: practice of granting a petition for review if 4 J’s agree

Answer 11

Supreme Court

Question 12

• Judicial Review is not explicitly in the Const.
• Fed. Paper #78: Marbury v. Madison
• Articles III & VI implies it

Answer 12

Where to find the power of the Judicial Branch?

Question 13

Process of taking things to legal action

Answer 13

Litigation

Question 14

Four laws enacted in 1798 that applied restrictions to immigration and speech

Answer 14

Alien & Sedition Acts 1798

Question 15

Supreme Court
1. Court of Appeals
- Municipal
- Magistrate
- Probate
2. Superior Court
- Probate
- Juvenile
- State

Answer 15

The Court System of Georgia

Question 16

• Overturn by creating a new court case
• Congress can alter by making a new law

Answer 16

How can Supreme Court rulings be altered or overturned?

Question 17

The nomination process begins with the President nominating a candidate, who must then be confirmed by the Senate. After the hearings, the Committee votes on whether to recommend the nominee to the full Senate.

Answer 17

Nomination of Judges

Question 18

Written by a justice who disagrees with the majority decision

Answer 18

Dissenting Opinion

Question 19

Written by a justice who agrees with majority decision but for different reasons

Answer 19

Concurring Opinion

Question 20

Written by a justice who represents a large group than the majority, but not majority of the court

Answer 20

Plurality Opinion

Question 21

Joined by more than half the judges deciding a case

Answer 21

Majority Opinion