Judicial Branch

Question 1

define appellate jurisdiction

Answer 1

Appeals are based on incorrect application of the law, wrong procedures used in the case, new evidence. It was created to alleviate the burden of the Supreme COurt.

Question 2

civil liberties

Answer 2

Protections against unreasonable and unconstitutional acts of government

Question 3

civil rights

Answer 3

Positive Acts of government that seek to make Constitutional guarantees

Question 4

due process

Answer 4

Found in 5th and 14th Amendments. The government must act fairly and in accord with established rules.

Question 5

judicial review

Answer 5

Determine whether any law of government action goes against Constitution.

Question 6

jurisdiction

Answer 6

the power to make legal decisions and judgments

Question 7

justice courts

Answer 7

Rural areas or small towns where a judge is called the Justice of the Peace

Question 8

municipal/magistrate courts

Answer 8

Used for Larger towns and cities and minor criminal cases and small civil cases.

Question 9

original jurisdiction

Answer 9

Hear a case for the first time

Question 10

Article III

Answer 10

Article of Constitution that explains the Judicial Branch

Question 11

4th amendment

Answer 11

Protects against unreasonable search and seizure of property

Question 12

5th amendment

Answer 12

• Prevents self incrimination
• Must be informed of charges
• prevents double jeopardy
• guarantees due process
• Grand Jury decided in evidence for trial

Question 13

6th amendment

Answer 13

• Right to fair, public, and speedy trial
• Right to fair trial by jury
• right to call witnesses
• right to legal counse

Question 14

7th amendment

Answer 14

Right to a jury trial in civil cases

Question 15

8th amendment

Answer 15

Protection against excessive bail and cruel and unusual punishment.

Question 16

Who has the power to create lower courts under the Supreme Court?

Answer 16

The Legislative Branch (?)

Question 17

What are the 3 types of opinions issued by the Supreme Court? (briefly describe each)

Answer 17

Majority Opinion- Announces the court’s decision and explains reasons why
Concurring Opinion- may be written to add or emphasize majority opinion
Dissenting Opinion- Written to explain disagreement with the decision of the court

Question 18

When does the Supreme Court have original jurisdiction?

Answer 18

all cases affecting ambassadors, other public ministers and consuls,” and in cases to which a state is a party

Question 19

How are federal judges selected? How long do they serve?

Answer 19

They are selected by the president for life

Question 20

What did the Judiciary Act of 1789 & 1891 do?

Answer 20

It established the three levels of the court
District Courts Courts of Appeals
Supreme Court

Question 21

How are cases conducted in trial courts at both state and federal levels?

Answer 21

ONLY federal courts hear witnesses testify and juries hear cases and reach verdicts

BOTH hear civil and criminal cases and determine facts of the case they decide guilty or innocent

Question 22

How do appellate cases differ from the trial courts?

Answer 22

Trial courts are where the trial is happening, appellate courts are where the trial has already happened, and at least one of the parties were not happy.

Question 23

Why have states created a two stage process in capital cases?

Answer 23

To make sure the death penalty is applied appropriately

Question 24

Why have states created a two stage process in capital cases?

Answer 24

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