Chapter 8 The Federal Court System

Question 0

Judicial activism

Answer 0

judges can adapt the meaning of the constitution to meet the demands of contemporary realities

Question 1

What does respecting precedent mean

Answer 1

respecting previous court ruling on a given legal question letting the decision stand

Question 2

judicial restraint

Answer 2

judge should interpret the constitution according to the Framer’s original intention

Question 3

congressional checks

Answer 3

• approves judges
• impeach and remove judges
• begin Ammendment process
• refuse to fund a court order (not in constitution)

Question 4

executive checks

Answer 4

• appoints judges

- refuse to carry out court order(not to constitution)

Question 5

What protection do federal judges have from powers of Congress of the president

Answer 5

• life terms: avoid partisan politics

- congress cannot reduce judges pay during their term

Question 6

federal district courts

Answer 6

the trial courts of the federal court system, so they have original juristiction , and hear over 300,000 cases per year. 94 total district courts

Question 7

Role of the US attourney

Answer 7

represents the United States in government Federal Court

Question 8

federal court of appeals (middle tier)

Answer 8

there are 12 courts of appeals and one in Washington DC (13 total), 65,000 cases a heard a year, but less than 10% are successfully overturned

Question 9

appellate jurisdiction

Answer 9

it hears cases from parties not satisfied with the district court’s ruling

Question 10

Who can appeals come from ?

Answer 10

civil cases and criminal cases

Question 11

the government cannot appeal a _______

Answer 11

non-guilty verdict

Question 12

appeals court procedures

Answer 12

the panel review the trial court record and reads written argument or briefs from both sides of the case (may listen to oral arguments). Then makes a decision; final word on a case

Question 13

criminal case

Answer 13

act against society (gov’t prosecutes)

Question 14

civil cases

Answer 14

act against a person or group (people prosecutes)

Question 15

Writ of certiorari *SA

Answer 15

a request form a Supreme Court to hear a case form a lower court

Question 16

docket *SA

Answer 16

list of all the cases to be heard

Question 17

Selecting cases *SA

Answer 17

four Supreme Court have to agree to hear a case for a case to be heard

Question 18

briefs *SA

Answer 18

the written arguments prepared and submitted by each side in the case

Question 19

Majority Opinion *SA

Answer 19

Sets the precedent

why the members chose the way they did

Question 20

Dissenting Opinion *SA

Answer 20

Those held by the minority of the justices who do not agree with the ruling in the case

Question 21

Court orders *SA

Answer 21

can’t enforce laws

Question 22

What do judges make decisions on?

Answer 22

Facts of the law,

Question 23

What are some “other factors” that judges make decisions on?

Answer 23

• the changing community standards and desires
• the opinion and intent of the legislative branch
• the president executive orders and signed statement about the case
• the attempt to be impartial, not to favor one party over the other
• the judges own political beliefs (strict or loose constructionalist)

Question 24

The American courts system-rule of law

Answer 24

belief that no person is above the law

all persons are entitled to equal justice under the law

Question 25

America has a dual court system (2)

Answer 25

• the national government has a court systems and individual states have their own court systems
• They both rule on their own laws

Question 26

Jurisdiction

Answer 26

the authority to hear a case, determined by what crime was committed and where the crime was comitted

Question 27

Exclusive jurisdiction

Answer 27

sole right to hear a case

Question 28

concurrent jurisdiction

Answer 28

both federal and state courts can hear a case

Question 29

original jurisdiction

Answer 29

first court to hear a case

Question 30

appellate jurisdiction

Answer 30

the court to hear a review of the case

Question 31

Structure of the federal court system

Answer 31

the Constitution established the Supreme Court and Congress has the power to creat all lesser federal courts

Question 32

The Judiciary Act of 1789

Answer 32

created the three tiered court system

Question 33

Appointing federal judges

Answer 33

the president appoints all federal judges and the Senate approves them

Question 34

Marbury v. Madison established what power for the Supreme Court ?

Answer 34

the Supreme Court’s power of judicial review

Question 35

the Supreme Court process

Answer 35

a few cases heard by the Supreme Court and virtually all are appealed.

Question 36

When do the sessions of the Supreme Court start and stop?

Answer 36

Begins the first Monday in October and runs until June or July

Question 37

What do the new clerks do when all of the cases are heard?

Answer 37

Many clerks fresh from law school assist the justices by researching, evaluating requests to have cases heard, and writing opinions

Question 38

Warren Court

Answer 38

1. called for desegregation of public schools
2. Expanded the rights of people accused of crimes
3. Halted religious prayer in public schools
4. Can’t stop students protest Vietnam War

Question 39

Oral arguments *SA

Answer 39

lawyers representing each side have precisely 30 minutes to prepare their case

Question 40

Types of cases heard by the Supreme Court

Answer 40

Foreign ambassadors or us government disputes between states and between citizens of two different states or countries