Judicial Branch (on test)

Question 1

Types of Cases

class-action suit

Answer 1

A case brought into court for a large group (smokers, against tobacco company). Instead of hearing many cases, they are combined into one case.

Question 2

Types of Cases

diversity cases

Answer 2

Jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states.

Question 3

Judicial Philosphies

Judicial Activism (activist approach)

Answer 3

Philosophy that the Supreme Court must correct injustices when other branches of govt or the states fail to do so

Question 3

Types of Cases

federal-question cases

Answer 3

Jurisdiction conferred by the Constitution on federal courts to hear all cases “arising under the Constitution, the laws of the United States, and treaties.”

Question 4

Judicial Philosophies

Judicial Restraint: (constitutionalist approach)

Answer 4

Belief that judges should not seek to make new law (“legislate from the bench”) and should adhere to precedent and the Constitution as it was written by the Founders.

Question 5

Judicial Philosophies

strict constructionist

Answer 5

Holds that judges should limit their decisions to those rules that are stated in or clearly implied by the language of the Constitution. They see the Constitution as a set of rules that can only be changed by laws passed by Congress

Question 6

Judicial Philosophies

Loose Constructionist

Answer 6

Judges should use the Constitution as a guide, but should adapt the law to modern times. They see the Constitution as a “living document” shaped by modernization

Question 6

Opinions

Unanimous opinion

Answer 6

(ALL)
all 9 Justices agree on the case for the same reasons. These make the BEST precedents

Question 7

Opinions

Majority Opinion

Answer 7

(MOST)
5 or more Justices agree for the same reasons

Question 8

Opinions

concurring opinion

Answer 8

(YES, BUT)
An opinion by one or more justices who agree with the majority’s conclusion but for different reasons

Question 9

Opinion

dissenting opinion

Answer 9

(NO)
The opinion of the justices on the losing side.

Question 10

Opinion

Plurality Opinion

Answer 10

A majority opinion where the majority is split on the REASON for their decision, so there is no single reason for the outcome. These are NEVER used as precedents

Question 11

Opinion

per curiam opinion

Answer 11

A brief and unsigned opinion by the Supreme Court. “Per curiam” decisions are given that label by the Court itself and tend to be short. Usually, though not always, they deal with issues the Court views as relatively non-controversial

Question 12

Structure

constitutional court (+ district courts and courts of appeals)

Answer 12

Lower federal courts created by Congress which exercise the judicial powers stated in Article III of the Constitution:

a) District courts: The lowest federal courts where federal cases begin. They are the only federal courts where trials are held.
b) Courts of Appeals: The federal courts that have the authority to review decisions by federal district courts, regulatory commissions, and certain other federal courts. Such courts have no original jurisdiction; they can hear only appeals.

Question 13

Structure

legislative court

Answer 13

A lower federal court created by Congress for specialized purposes. These justices have fixed terms of office, can be removed from office, and may have their salaries reduced while in office.
a) Tax Court
b) Court of Military Appeals