Judicial Branch

Question 1

Judicial Branch

Answer 1

ARTICLE 3 – Very vague! No details!

Question 2

Judiciary Act of 1789

Answer 2

spelled out how the federal court system would work!

Question 3

Three Functions (jobs) of the Judicial Branch:

Answer 3

1. Interpret the laws
2. Settle disputes
3. Create expectations for the future (Establish Precedence)

Question 4

2 separate court systems in the USA

Answer 4

1. State courts (50 states)
2. Federal/National Courts

Question 5

Federal Court System: 3 Main levels/courts

Answer 5

Supreme Court
Circuit/Appeals
District

Question 6

Courts fall into 2 categories:

Answer 6

Constitutional Courts
District Courts – Trial Courts
Court of Appeals
Supreme Court
Special Courts
Armed Services
Veterans
Federal Claims
Tax

Question 7

*Constitutional courts hear most of the cases on the _____ level! *____ courts mostly

Answer 7

Federal; District

Question 8

Jurisdiction

Answer 8

the authority of a court to hear a case

Question 9

Two Major Types of Jurisdiction:

Answer 9

1. Original Jurisdiction - The court in which the case is first heard
2. Appellate Jurisdiction - The court that hears the cases on appeal

Question 10

District Courts (94)

Answer 10

have original jurisdiction *(Trial courts) *Hear most of the cases on the federal level
Have petit juries

Question 11

Circuit Courts (Court of Appeals) (13)

Answer 11

has Appellate Jurisdiction
No juries
3 Judge panels
Can’t refuse to hear a case

Question 12

Supreme Court (1)

Answer 12

has both types of jurisdiction!
Can refuse to hear a case

Question 13

Federal Judges are appointed by______ and approved by______

Answer 13

President; the Senate
There are over 600 judges
Term office – lifetime appointments
1 to 3 Judge panels

Question 14

How much US Marshals? How much per district?

Answer 14

94; 1 per district

Question 15

Plaintiff

Answer 15

the person who files the charge/suit

Question 16

Defendant

Answer 16

the person who the complaint is against

Question 17

How much in a Grand Jury?
What do they do?

Answer 17

(16 to 23) – decides if there is enough evidence to take a case to trial (only need a majority vote)

Question 18

Petit Jury (12)

Answer 18

decides the guilt or innocence of the accused (must be a unanimous vote)
***There are no juries used in the Circuit courts or the Supreme Court!
*The Judges make all the rulings!

Question 19

“The Court of Last Resort”

Answer 19

The Supreme Court

Question 20

Marbury vs. Madison (1803)

Answer 20

Landmark case that gave the Supreme Court the power of Judicial Review: the right to decide if a case is constitutional or unconstitutional

Question 21

How much judges in the Supreme Court?

Answer 21

9 Judges

Question 22

When does the Supreme Court hear cases?

Answer 22

October through June

Question 23

Who is in charge of Supreme Courts:

Answer 23

The Cheif Justice

Question 24

How much cases appealed to the Supreme Court? How much accepted?

Answer 24

About 8,000/10,000 appealed

About 80/100 accepted - 1%

Question 25

If a case is denied at the Supreme Court what happens?

Answer 25

Ruling on the lower court stands

Question 26

Solicitor General

Answer 26

Federal government’s chief lawyer – all cases must get past him/her first – Screens them!

Question 27

“Rule of Four”

Answer 27

if 4 out of 9 justices agree to hear the case

Question 28

What type of cases does the Supreme Court hear?

Answer 28

1. Cases that will affect the entire country!
2. Cases that involve Constitutional questions?
3. Crimes “committed on the high seas” – rare!

Question 29

Writ of Certiorari

Answer 29

legal order to hear the case

Question 30

Briefs

Answer 30

written legal arguments presented by each lawyer to the Justices (summary of the case) That they will read before the case

Question 31

Oral arguments:

Answer 31

Lawyers present their cases

Each lawyer gets exactly 30 minutes to present his/her case
Each case lasts 1 hour

Question 32

Majority Opinion

Answer 32

gives reasons for their decision – OFFICIAL RULING *(Winning side)

*Decisions do not have to be unanimous!

All decisions are final! They cannot be appealed! – Usually handed out in the spring/summer!

Question 33

Minority Opinion

Answer 33

(dissenting) gives reasons why they oppose the ruling *(Losing side)

*Decisions do not have to be unanimous!

All decisions are final! They cannot be appealed! – Usually handed out in the spring/summer!

Question 34

3 Things about State courts

Answer 34

**Most court cases are heard on the State level!!!

**Almost all criminal cases start in state courts!

**Most judges are elected, not appointed as on the State level

Question 35

***The vast majority of civil cases are settled?

Answer 35

settled out of court on both levels!!!

Question 36

Levels of courts: top to bottom (8)

Answer 36

1. State Supreme Courts: 50
   Deal with both original and appellate jurisdiction) Final authority!
2. State Appeals Courts: 50 – (Deal only w/appellate jurisdiction)
3. Circuit Courts (Trial): Every county has one (Equivalent to District courts)! – deal with original jurisdiction in criminal and civil cases) – have juries!
   *”workhorse” of the system – see the most cases
4. Probate courts: Deal with estates, wills, etc.
5. Juvenile courts: Deal with under age criminals
6. Family courts: Deals with custody, abuse, child support
   Divorce Courts
7. Small claims courts: Deal with minor lawsuits (less than $10,000)
8. Traffic Courts: Deal with traffic violations

Question 37

The only state courts that have juries are

Answer 37

circuit courts!

The rest of the courts are ruled by the judge’s decisions!