Chapter 15: The Courts

Question 1

How much does the Constitution talk about the Judicial Branch?

Answer 1

very little compared to other branches

Question 2

What are other names for the Judicial Branch?

Answer 2

• the unelected branch
• the secretive branch

Question 3

Judicial Review

Answer 3

the power of the courts to hold acts of Congress and the executive in violation of the Constitution

Question 4

What case established judicial review? How important is this power?

Answer 4

• in Marbury v. Madison (1803)
• extremely important, otherwise judges would not have power

Question 5

Judges

Answer 5

the policymakers of the American judicial system

Question 6

Litigants

Answer 6

the two sides of a case (e.g. defendant and prosecutor in a criminal case, two parties in a civil case)

Question 7

Juries

Answer 7

usually composed of 12 citizens, responsible for determining the outcome of a case

Question 8

What are the two general types of cases? Which can the federal court handle?

Answer 8

• criminal law and civil law
• handles both

Question 9

Criminal Law

Answer 9

the government charges an individual with violating specific laws

Question 10

Civil Law

Answer 10

dispute between two parties over a wide range of matters (e.g. divorce, sue a company)

Question 11

What part of the federal court system does the Constitution establish?

Answer 11

the Supreme Court

Question 12

Judiciary Act of 1789

Answer 12

expansion of the judiciary branch, establishes current structure

Question 13

What are the three layers of the federal court system?

Answer 13

1. Trial/District Courts
2. U.S. Court of Appeals
3. U.S. Supreme Court

Question 14

Why is John Marshall important in establishing judicial authority?

Answer 14

Chief Justice for the longest, established the branch’s power to check other branches

Question 15

How many district courts are there? What type of cases do they cover?

Answer 15

• 94 district courts
• civil and criminal law cases

Question 16

What is a U.S. attorney appointed to? How long is their term?

Answer 16

• each district
• 4 year term, President has to decide to renew them

Question 17

What does the U.S. Courts of Appeal do?

Answer 17

review all final decisions of district courts

Question 18

How many judicial circuits is the U.S. divided into?

Answer 18

13, which includes D.C. and U.S. territories

Question 19

In the U.S. Courts of Appeal, how many judges preside over a case?

Answer 19

3 judges

Question 20

In the U.S. Courts of Appeal and Supreme Court, how are decisions made in a case?

Answer 20

majority vote

Question 21

What are some of the most important functions of the Supreme Court?

Answer 21

• resolves conflicts among the states
• maintain national supremacy in the law

Question 22

In the Supreme Court, how many justices are there? Does the Constitution set this number? Does there have to be this many?

Answer 22

• 9 justices
• no - there naturally has been 9 since 1869
• no - the Senate ultimately sets the number, could hold off to approve presidential nominations or approve more than 9

Question 23

In the Supreme Court, how many justices preside over a case?

Answer 23

all 9

Question 24

Who nominates the judges, justices, and district attorneys? Who confirms these nominations?

Answer 24

• the President nominates
• the Senate confirms

Question 25

When is a judge nominated?

Answer 25

position becomes vacant after the previous judge retired or passed away

Question 26

What is the process that the Supreme Court Justice must go through to be confirmed?

Answer 26

1. confirmation hearings by the Senate judiciary committee 2. vote by full Senate 3. officially on Supreme Court

Question 27

In what events would a judge or justice nomination face opposition from the Senate?

Answer 27

- President's party is minority in the Senate - presidential nomination affects the balance of the court (e.g. Democrat replaces Republican justice)

Question 28

How many Chief Justices have there been?

Answer 28

17

Question 29

Aside from their duties on court, what does the Chief Justice do? Which duties are part of the Constitution?

Answer 29

- preside over presidential impeachments, in Constitution - administer oath of office (swear in) to presidents and associate justice, not in Constituton - can fullfil extra duties should they choose to do so

Question 30

What does the Constitution require to become a judge or a justice? What qualities do the President and Senate consider? What ideology does the President consider?

Answer 30

- has no requirements - competence, ethics, and experience - similar ideology to them, typically member of own party

Question 31

What positions do Supreme Court justices typically hold prior to becoming a justice?

Answer 31

high administrative or judicial positions (e.g. judge in the U.S. Courts of Appeal)

Question 32

Does the Supreme Court hear every case it receives?

Answer 32

no, justices decide on which cases to take

Question 33

After a clerk screens and presents a case, how many justices need to agree to accept a case?

Answer 33

4 | to make decisions, 5 out of 9 (majority) need to agree

Question 34

If the President wishes for the Supreme Court to hear their case sooner, who can they turn to?

Answer 34

ask their appointed solicitor general to seek the Supreme Court

Question 35

After the justices hear the litigants' case orally, what is the process to make their decision?

Answer 35

1. confer to discuss and vote 2. draft opinions 3. announce decision

Question 36

Judicial Implementation

Answer 36

how and whether court decisions are translated into actual policy

Question 37

What carries out the decisions made by the Supreme Court? Do their decisions have to be followed?

Answer 37

- states and other branches carry out - could be ignored, but have to follow orders from Judicial Branch to comply with the Constitution