Judicial Branch

Question 1

Three Opinions of the Court

Answer 1

Majority, Concurring, Dissenting

Question 2

Majority Opinion

Answer 2

signed by at least 5 of the 9 justices. It represents the court’s ruling in a case

Question 3

Concurring Opinion

Answer 3

these agree with the overall conclusion in the case but stress some different or additional legal reasoning

Question 4

Dissenting Opinion

Answer 4

are held by the justices who do not agree with the ruling. They have no legal impact on the case, but can influence future judgments.

Question 5

Two checks of the judicial branch

Answer 5

• Judicial Review: ability to interpret the constitutionality of laws and policies made by the other two branches
• Presides over Presidential impeachment trials

Question 6

Juristdiction

Answer 6

the authority to hear and decide a case. State courts hear state law and federal courts hear cases that involve the Constitution/federal law.

Question 7

Two types of jurisdiction

Answer 7

Original- the court that first hears a case

Appellate- when a case is appealed and goes to a higher court

Question 8

Three basic tasks of courts

Answer 8

1. Determine if a law has been broken and what penalties can be applied
2. Settle disputes and decide how to provide relief for those who have been harmed by the actions of others
3. Judicial Review- determine the meaning of a particular law or the Constitution itself.

Question 9

Three checks ON judicial power

Answer 9

1. President has the power to appoint federal judges (with the Senate’s approval)
2. Congress can impeach federal judges
3. Congress can propose amendments to reverse judicial review (makes something constitutional that was previously ruled unconstitutional)

Question 10

Appellant

Answer 10

the person who files an appeal

Question 11

Why do such a small percentage of appeals get overturned?

Answer 11

appeal courts do not retry cases and do not allow new evidence to be presented

Question 12

Prosecuter

Answer 12

a lawyer in a criminal case who tries to prove the accused person is guilty

Question 13

Defendant (criminal case)

Answer 13

the person who the legal complaint is filed against

Question 14

Two people in a criminal case

Answer 14

prosecutor and defendant

Question 15

Two people in a civil case

Answer 15

plaintiff and defendant

Question 16

Plaintiff

Answer 16

the person who is making the legal complaint and filing the case

Question 17

Defendant (civil case)

Answer 17

the person who is charged with a crime and needs to be proven guilty

Question 18

Grand Jury

Answer 18

hears evidence of a possible crime and recommends whether evidence is sufficient to file criminal charges

Question 19

Magistrate Judge

Answer 19

responsible for overseeing some of the early hearings of a criminal trial when routine matters are carried out

Question 20

Amicus Curiae Briefs

Answer 20

someone who is not a party in the case and offers information on the case, but who has not been asked by any of the parties to assist the court

Question 21

Precedent

Answer 21

a principle or rule established in a previous legal case that influences the court when deciding subsequent cases with similar issues or facts

Question 22

Court Packing Scheme

Answer 22

FDR proposed a bill to expand the membership of the Supreme Court to pass his New Deals. Would add six more justices.

Question 23

14th Amendment

Answer 23

Granted citizenship and equal rights to African Americans and slaves.

Question 24

11th Amendment

Answer 24

Prohibits federal courts from hearing cases in which a state is sued by an individual from another state/country.

Question 25

Plessy v. Ferguson Background

Answer 25

Homer Plessy sat in a white train car and was arrested. He was trying to challenge segregation laws and the case made it to the Supreme Court

Question 26

Plessy v. Ferguson Decision/Significance

Answer 26

The court ruled AGAINST Plessy. They said separating races didn’t mean inequality. It was stated that segregation laws didn’t violate the 14th amendment if the facilities were equal. Led to the expansion of Jim Crow laws and justified segregation. “Separate but equal”