Chapter 13: The Courts

Question 1

Original Jurisdiction

Answer 1

When a court has the power to hear a case for the first time.

Question 2

Appellate Jurisdiction

Answer 2

When a court hears a case on appeal from a lower court and may change the lower court’s decision.

Question 3

The Supreme Court

Answer 3

An appeals court, operating under appellate jurisdiction and hearing appeals from the lower courts. The superseding authority over all other judicial courts and their decisions. The nine justices serving lifetime terms are nominated by the President and appointed with the approval of the Senate.

Question 4

Federalist No. 78

Answer 4

Written by Alexander Hamilton, outlines the importance of the federal judiciary being independent and considering it the least influential without power “over either the sword or the purse”

Question 5

Judiciary Act of 1789

Answer 5

The bill that established the basic structure of the Federal Judiciary: The lowest levels are the district courts, a losing party who is unhappy with a district court decision may appeal to the circuit courts, or U.S. courts of appeals, where the decision of the lower court is reviewed. Still further, appeal to the U.S. Supreme Court is possible.

Question 6

Chisholm v. Georgia (1793)

Answer 6

The Supreme Court’s first major case, deemed that federal courts can hear cases from a citizen of one state against a citizen from another state. Also declared that states aren’t immune from similar interstate lawsuits. Decision immediately overturned by the 11th Amendment: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State”

Question 7

John Marshall

Answer 7

4th Chief Justice of The Supreme Court, responsible for strengthening the authority of the court and bringing about its modern role.

Question 8

Marbury v. Madison

Answer 8

Landmark case that establishes judicial review (the power of the court to determine constitutionality of actions, laws, and regulations)

Question 9

common law

Answer 9

the pattern of law developed by judges through case decisions largely based on precedent

Question 10

civil law

Answer 10

Cases that involve two or more private (non-government) parties, at least one of whom alleges harm or injury committed by the other.

Question 11

state courts

Answer 11

Level of courts that handle most criminal activity within the state, violations of state specific laws, as well as civil matters: divorce, malpractice, contract disputes etc.

Question 12

federal courts

Answer 12

Hears any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states.

Question 13

Miranda v. Arizona

Answer 13

(used as an example to show the interplay between state and federal courts ) Ernesto Miranda convicted of kidnapping and rape at the state level but his confession was inadmissible because his 5th Amendment right was violated as decided by The Supreme Court leading to Miranda Rights.

Question 14

Pros of The Dual Court System

Answer 14

• You have more avenues to be heard and have your rights defended.
• State courts can disagree and appeal to federal courts to reconcile the decision making.

Question 15

Cons of The Dual Court System

Answer 15

• Even with our binding Constitution, state laws and charges can vary greatly. What is legal and illegal and their sentences are differ from state to state. An example of federal/state contradiction is marijuana.
• Political cultures in each state differ and that affects the judicial processes between them, potential bias.
• Each state may even interpret and enforce federal law differently creating a non-uniform set of laws across the country.

Question 16

Stare Decisis

Answer 16

Latin for “stand by things decided” Meaning the judges rule on the precedents previously set by the court.

Question 17

What are The Three Tiers of Federal Courts?

Answer 17

District Courts, Court of Appeals (Circuit Courts), and The Supreme Court.

Question 18

Circuit Courts

Answer 18

These are Federal courts of appeal.

Question 19

District Courts

Answer 19

These are the national trial courts where federal cases are first heard. There are 94 of them amongst the US and its territories.

Question 20

Senate Judiciary Committee

Answer 20

This committee votes on the approval of a federal justice/judgeship nominee before The entire Senate can votes. A majority is needed from the Senate to confirm a nominee into the courts.

Question 21

Senatorial Courtesy

Answer 21

Before making an appointment to any federal judiciary position it is custom to get the okay from the senator of the state the federal judiciary will occupy.

Question 22

Rule of Four

Answer 22

A Supreme Court custom in which a case will be heard when four justices decide to do so.

Question 23

Docket

Answer 23

the list of cases scheduled on the Court’s calendar

Question 24

Solicitor General

Answer 24

The lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented.

Question 25

briefs

Answer 25

short arguments describing each party’s view of the case.

Question 26

Amicus curiae Briefs

Answer 26

Meaning “friends of the court” these are briefs not submitted by the parties involved but outside individuals and groups that have an interest in the outcome of the case (usually submitted by interest groups).

Question 27

Oral arguments

Answer 27

When both sides defend their claims and answer any of the justice’s questions in regards to the case.

Question 28

Conference

Answer 28

Biweekly sessions held by the Supreme Court where they discuss the cases on docket and vote on decisions.

Question 29

Judicial Activism

Answer 29

A judicial mindset where the principles of the Constitution extrapolated and applied to a modern setting, emphasizes personal liberties and rights.

Question 30

judicial restraint

Answer 30

A judicial mindset that focuses on following precedents and more concrete interpretations of The Bill of Rights and following legislation to the letter. This mindset usually advocates more decision making to the elected branches of government.

Question 31

Court Packing

Answer 31

A strategy used by Roosevelt to intimidate the courts by proposing to appoint six additional justice justices to the Supreme Court.

Question 32

Judicial Implementation

Answer 32

Term to describe how the state and federal government implement and enforce the decisions of the court.

Question 33

Dissenting Opinion

Answer 33

Written statement by a Supreme Court justice describing the reasons they disagree with the majority decision.

Question 34

Concurring Opinion

Answer 34

Written statement by a Supreme Court Justice that agrees with the majority decision but for different reasons.