Con Law Midterm

Question 1

The authority of a court to hear a case for the first time.

Answer 1

original jurisdiction

Question 2

The authority to review the decisions of lower courts.

Answer 2

appellate jurisdiction

Question 3

the two types of jurisdiction

Answer 3

original jurisdiction and appellate jurisdiction

Question 4

the three types of appellate jurisdiction

Answer 4

matter of write, certification, Writ of Certiorari

Question 5

A discretionary order issued by the Supreme Court to review a lower court’s decision. Not all requests are granted.

Answer 5

Writ of Certiorari

Question 6

Lower courts may certify questions to the Supreme Court for guidance on important legal questions.

Answer 6

Certification:

Question 7

the ability of certain cases to be heard by a higher court as a matter of right, meaning the court must hear the case if specific criteria are met.

Answer 7

Matter of Right:

Question 8

The Supreme Court has original jurisdiction in cases involving what?

Answer 8

ambassadors, other public ministers, and those in which a state is a party.

Question 9

most supreme courts fall under what category of jurisdiction/

Answer 9

original jurisdiction

Question 10

At least four justices must agree to hear a case for it to be placed on the Court’s docket.

Answer 10

rule of four

Question 11

marbury v madison precedent:

Answer 11

Established the principle of judicial review, allowing the Supreme Court to invalidate laws and executive actions deemed unconstitutional.

Question 12

mcgrain vs daughtery

Answer 12

Established Congress’s authority to compel testimony in investigations.

Question 13

what are the three requirements for legislative representative members?

Answer 13

Must be at least 25 years old, a U.S. citizen for at least seven years, and reside in the state they represent

Question 14

martin v. hunters lessee precedent:

Answer 14

Affirmed the Supreme Court’s authority to review state court decisions.

Question 15

how many years do reprentatives serve?

Answer 15

2

Question 16

what are the three requirements for us senators?

Answer 16

Must be at least 30 years old, a U.S. citizen for at least nine years, and reside in the state they represent.

Question 17

how long is the term for us senators?

Answer 17

six years

Question 18

what are the four types of congressional powers?

Answer 18

enumerated powers, implied powers, inherent powers, amendment enforcing powers

Question 19

enumerated powers

Answer 19

Specifically listed in the Constitution (e.g., taxation, regulation of commerce).

Question 20

implied powers

Answer 20

Derived from the Necessary and Proper Clause, allowing Congress to enact laws not explicitly listed in the Constitution.

Question 21

inherent powers

Answer 21

Powers that are necessary for the federal government to function (e.g., immigration control).

Question 22

amendment-enforcing powers

Answer 22

Powers derived from the enforcement of constitutional amendments (e.g., the Voting Rights Act).

Question 23

what are the two decision making theories used by justices?

Answer 23

realistic theories and legalistic theories

Question 24

realistic theory

Answer 24

Acknowledge the influence of external factors such as social context, the justices’ personal ideologies, and public sentiment on legal decisions.

Question 25

legalistic theories

Answer 25

Focus on strict adherence to statutes, precedents, and constitutional interpretation. Justices prioritize legal reasoning over personal beliefs

Question 26

what are three political factors that play into court decisions?

Answer 26

Justices may factor in public opinion, political climate, and the potential impact of their rulings on society

Question 27

what are the four things that article three accomplishes?

Answer 27

- Establishes the judicial branch - outlines the structure of the federal judiciary. - Creates the Supreme Court - grants Congress the authority to establish lower courts.