Judicial Branch Test

Question 1

original jurisdiction

Answer 1

trial court that hears a case for the first time (u.s. district court, u.s. supreme court)

Question 2

appellate jurisdiction

Answer 2

hears appeals from lower court decisions (u.s. court of appeals, u.s. supreme court)

Question 3

district courts

Answer 3

lowest level in the federal system
94 judicial districts in 50 states & territories
no appellate jurisdiction
original jurisdiction over most cases

Question 4

courts of appeal

Answer 4

intermediate level in the federal system
12 regional “circuit” courts, including d.c. circuit
no original jurisdiction; strictly appellate

Question 5

supreme court

Answer 5

highest court in the federal system
nine justices, meeting in d.c.
limited original jurisdiction over some cases
appeals jurisdiction through certiorari process (the record of a lower court is
sent to a superior court for review)

Question 6

power of federal courts

Answer 6

provide criminal rulings
interpret the u.s. Constitution & its amendments
provide checks & balances on the executive & legislative branches
conduct judicial review

Question 7

judicial review

Answer 7

congressional laws (statutes) (affordable care act)
state actions (separate train car law)
federal bureaucratic agencies (u.s. fish & wildlife service vs sierra club)
presidential actions (deferred action for childhood arrivals)
guiding principles of the american legal system

Question 8

criminal law

Answer 8

offenses considered to be crimes against society as a whole

warrant punishment by & in the name of society

Question 9

civil law

Answer 9

deals with the rights of private citizens

usually involve lawsuits seeking monetary damages

Question 10

constitutional law

Answer 10

relates to the meaning of the constitution in a case (brown vs topeka, board of education, 1954)

Question 11

guiding principles of the american legal system

Answer 11

1 - equal justice under the law

every citizen is treated & judged fairly, regardless of who they are #2 - due process under the law
the government must respect all of the legal rights owed to a person under the law #3 - adversarial system of justice
the accused is entitled to present their case in court along with the prosecution #4 - presumption of innocence
accused is “innocent until proven guilty” with the burden of proof on the government

Question 12

the process of supreme court hearing

Answer 12

step 1 : the supreme court receives a petition or case
step 2 : the process of granting writ of certiorari
step 3 : written arguments
step 4 : oral arguments
step 5 : conference
step 6 : rendering an opinion

Question 13

the supreme court receives a petition or case

Answer 13

SCOTUS receives about 100/week
7,000/year
SCOTUS only accepts about 100/year

Question 14

the process of granting writ of certiorari

Answer 14

does the case have standing? (is there a constitutional issue being raised that has not been raised previously? was this decision raised as an error?)
“rule of four”
if NO: SCOTUS decides not to take case, no “petition of value”
facts already established
if YES: SCOTUS looks at legal & process issues; constitutional questions

Question 15

written arguments

Answer 15

briefs submitted by each lawyer
amicus curiae briefs (someone who is not a party to a case assists a court by offering information, expertise, or insight that has a bearing on the issues in the case)

Question 16

oral arguments

Answer 16

each side has 30 minutes

justices interrupt frequently

Question 17

conference

Answer 17

justices meet in private

chief justice presides

Question 18

rendering an opinion

Answer 18

often takes months to write opinions
majority, concurring, dissenting opinions included (5 or more justices)
usually handed down june to early july
stare decisis : the legal principle of determining points in litigation according to precedent. latin for “to stand by things decided.”

Question 19

roles of chief justice

Answer 19

ourth Chief Justice John Marshall 1801-1835
article 1: “When the President of the United States is tried, the Chief Justice shall preside.”
position evolved by tradition
judicial philosophy- leadership style shapes the court

Question 20

duties of chief justice

Answer 20

current Chief Justice John Roberts 2005-present
impeachment trials
most seniority regardless of years on court
chairs conferences
sets meeting agenda
if in majority, assigns who will write majority opinion

Question 21

senatorial courtesy

Answer 21

when appointed to district, courts speak with two senators of the person’s state

Question 22

senate judiciary committee

Answer 22

screens nominees & sends recommendations to senate floor for approval or rejection.

Question 23

typical factors (not rules)

Answer 23

race (mostly white men. black seat established by Thurngood Marshall- currently Clarence Thomas)
gender (mostly male. four females in Supreme Court- Amy Coney Barret, Sonia Sotomayo, Elena Kagan)
paper trail (have they written anything that might be used as a backlash to their nomination?)
age (since supreme courts justices have lifetime appointments, presidential influence continues after they leave office)
political ideology of judges are similar to the nominating president’s philosophy
issues: can change behavior
new issues not predicted by the president could arise (9/11/01)
judges life terms protect them from things president may not like
25% of supreme court judges stray from the philosophy of the nominating president

Question 24

judicial activism

Answer 24

that courts should take an active role in solving social, economic & political problems
Act as guardian of the people
examples:
requiring states to provide legal aid to poor
requiring states to educate illegal immigrants
struck down florida recount (bush v gore 2000)

Question 25

judicial restraint

Answer 25

philosophy that the courts should allow states & the other two branches of the federal government to solve social, economic, & political problems
should act only in those situations where there are clear constitutional questions
examples:
roe v wade (abortion timeline)
courts should merely interpret law rather than make it

Question 26

title vii of civil rights act of 1964

Answer 26

“It shall be unlawful employment practice for an employer… to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race colo, religion, sex, or national origin.”

Question 27

textualism:

Answer 27

face meaning of text

Question 28

originalism

Answer 28

original intent, based on intent of authors or reasonable meaning of contemporaries

Question 29

living constitution

Answer 29

current meaning of the words, evolved over time

Question 30

stare decisis

Answer 30

sticks with previous ruling

Question 31

brief

Answer 31

written to aid in decision making

Question 32

opinion

Answer 32

written decision by the court + explanation

Question 33

authority to hear certain cases

Answer 33

jurisdiction of the court