Judicial Branch

Question 1

Original Jurisdiction

Answer 1

Foreign government or state in any party of a case

Question 2

Appellate Jurisdiction

Answer 2

Incorrect application of law

Question 3

Judicial Review

Answer 3

Determine whether any law or govt action (state, fed, or local) goes against the Constitution

Question 4

Due Process

Answer 4

The government must act fairly and in the accordance with the rules.

Question 5

Jurisdiction

Answer 5

The official power to make legal decisions and judgments

Question 6

Remand

Answer 6

Send the case back to lower courts to be retired

Question 7

Civil Rights

Answer 7

Positive acts of govt that seek to make constitutional guarantees

Question 8

Civil Liberties

Answer 8

Protections against unreasonable and unconstitutional acts of govt

Question 9

4th Amendment

Answer 9

Protects against unreasonable search and seizure of property

Question 10

5th Amendment

Answer 10

Prevents against self incrimination (I plead the fifth). Must be informed of charges. Prevents double jeopardy. Guarantees due process of the law. Grand jury decides on evidence for a trial.

Question 11

6th Amendment

Answer 11

Right to a fair public & speedy trial, Right to trial by jury, Right to call witnesses, Right to legal counsel

Question 12

7th Amendment

Answer 12

Right to a jury in civil cases

Question 13

8th Amendment

Answer 13

Protection against excessive bail, and the protection against cruel and unusual punishment.

Question 14

How is the Supreme Court different than other courts?

Answer 14

It is the highest court with only nine justices and no jury

Question 15

How are trail courts different from appellate courts?

Answer 15

Trial courts are for convicting criminals in both civil and criminal cases and appellate courts are for cases of appeals.

Question 16

How are district courts organized?

Answer 16

Territories based on state boundaries

Question 17

What are the three types of opinions issued by the Supreme Court?

Answer 17

Majority Opinion
Concurring Opinion
Dissenting Opinion

Question 18

Majority Opinion

Answer 18

announces the court’s decision and explains reasons

Question 19

Concurring Opinion

Answer 19

May be written to add or emphasize Majority Opinion

Question 20

Dissenting Opinion

Answer 20

Written to express disagreement with the decision of the court

Question 21

When does the Supreme Court have original jurisdiction?

Answer 21

Foreign governments or a state is a party of the cases

Question 22

How do Appellate cases differ from the trial court’s?

Answer 22

Trial Cases

• Hear both civil & criminal cases
• Determine the fact of the cases
• Decide if a person is guilty or innocent
• Only federal courts in which
• Witnesses testify
• Juries hear cases & reach verdicts

Appellate Jurisdiction

• When someone appeals a case the next court has appellate jurisdiction.
• Appellate cases have been appealed and sent to a higher court in which appellate jurisdiction is enacted, while trial courts are the first to see a case and always have original jurisdiction.

Question 23

Why were the circuit court of appeals created?

Answer 23

• An effort to relieve the caseload burden in the Supreme Court and to handle a dramatic increase in federal filings, Congress, in the Judiciary Act of 1891, established nine courts of appeals, one for each judicial circuit. There are 13 circuits
• Created to alleviate the burden of the supreme court

Question 24

What are the procedures associated with due process?

Answer 24

• Arrest on probable cost
• Informed of rights (silent & counsel)
• Interrogation / no coerced confession
• Evidence reviewed for trial
• Indictment
• Speedy & public trial
• Informed of verdict
• No excessive fine or cruel / unusual punishment
• Right to an appeal

Question 25

Checks and Balances associated with the Judicial Branch.

Answer 25

• Check the legislative and executive branch, by justifying if the law is unconstitutional
• The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations
• Supreme court can not be fired by the president

Question 26

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

Answer 26

Congress

Question 27

Guess What?

Answer 27

WE DON’T NEED THIS IN REAL LIFE!