Chapter 7 - Judicial Branch

Question 1

Is the only court specifically established by the constitution, all the others were created by congress

Answer 1

Supreme Court

Question 2

Common law; the major advantages to this type of system

Answer 2

are efficiency and stability

Question 3

Disputes resolved by the adversarial process

Answer 3

• each side represented by authority
• present own version of events
• resolve as fairly as possible
• mistakes may be examined by appeal

Question 4

Federal District Courts

Answer 4

A federal District Court has a jury

Question 5

Federal Court of appeals

Answer 5

A federal courts of appeal has a panel of 3 judges

Question 6

The ultimate appellate court

Answer 6

Supreme Court

Question 7

Hears cases that have been decided

Answer 7

Federal Courts of appeals, federal District Courts, or state supreme courts

Question 8

Federal Courts’ Jurisdiction -> cases in which the subject matter involves

Answer 8

the US Constitution, statutes, treaties, martime laws

Question 9

State Courts

Answer 9

• Almost all criminal matters

Question 10

Presidents want judges who have merit, but they consider judges who meet party criteria as well (82% to 99% of time)

Answer 10

members of their party

Question 11

Robert Bork nomination by Reagan- Result:

Answer 11

presidents attempt to seek candidates without a paper trail, or at least without an incriminating one, no footprints no fight

Question 12

Since 1968, six have been rejected

Answer 12

based primarily on ideology, increased activism of the court in the 1960s

Question 13

Judicial activism

Answer 13

Judicial rulings suspected of being based on personal or political considerations rather than on existing law

Question 14

Strategy of the opposite party

Answer 14

use the opportunity to energize their base

Question 15

Tenure Judges

Answer 15

Life

Question 16

Judicial Restraint

Answer 16

to limit the exercise of their own power. It asserts that the judges should hesitate to strike down laws unless they are obviously unconstitutional

Question 17

Restrained Judges

Answer 17

Should not substitute their own views for those of the other branches

Question 18

Activist Judges

Answer 18

concern with results - has justice truly been done

Question 19

the most conservative member of the court

Answer 19

Clarence Thomas

Question 20

a minimum of 4 justices must agree that the case should be heard by the supreme court

Answer 20

“the rule of 4”

Question 21

submit written arguments

Answer 21

briefs

Question 22

Marbury vs. Madison 1803

Answer 22

1. established that the constitution takes precedence over legislative proceedings
2. the supreme court was the ruling authority
3. Power of Judicial Reviews was thus established, which is the power of the courts to determine whether a law or government action is constitutional

Question 23

Judicial Review

Answer 23

the most powerful tool courts use to wield power

Question 24

McCulloch v. Maryland 1819

Answer 24

1. enforced the supremacy clause by affirming the constitutionally of a federal statute, while preventing states from passing laws that violate federal law
2. Marshall laid down the basic theory of implied powers under the constitution

Question 25

Dred Scott 1857

Answer 25

1. Scott not a citizen therefore he cant sue anyone 2. Congress has no authority to prohibit slavery within the territories

Question 26

Plessey versus Ferguson 1896

Answer 26

1. Supreme court upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal" 2. For the next 58 years this court case legitimized the separation of America based on race, and supported Jim Crowism

Question 27

Brown vs. the Board of Education 1954

Answer 27

1. Court declared state laws establishing separate public schools for black and white students to be unconstitutional 2. was ruled a violation of the equal protection clause of the Fourteenth Amendment