Judicial Law

Question 1

What are the roles of the courts?

Answer 1

Interpret the law
- Judicial Review (constitutionality of law or government action)
Clarify the law
- Settle disputes
Civil cases
- Apply the law
- Maintain rule of law
- Criminal cases

Question 2

What is judicial independence?

Answer 2

Courts are not influenced by outside forces and are free to make impartial rulings.

Question 3

What is a trial court?

Answer 3

The first court to hear a case, whether civil or criminal.

Question 4

Who is the plaintiff in a trial?

Answer 4

The person bringing the suit (petitioner).

Question 5

Who is the defendant in a trial?

Answer 5

The person against whom a civil or criminal suit is brought (respondent).

Question 6

What entitlement does the defendant have under the 6th Amendment?

Answer 6

Entitled to a lawyer.

Question 7

What is the role of a prosecutor?

Answer 7

An attorney who represents the government in a criminal case.

Question 8

What is the role of a jury?

Answer 8

A group of citizens who hear evidence during a trial and give a verdict.

Question 9

What is required of a jury under the 6th Amendment?

Answer 9

Must be impartial.

Question 10

What is a grand jury?

Answer 10

A group of citizens who decide if there is enough evidence for a trial.

Question 11

What does a grand jury issue?

Answer 11

An indictment (formal charge of criminal action) under the 5th Amendment.

Question 12

Which court did the Constitution create?

Answer 12

The Supreme Court.

Question 13

Who has the power to create lower federal courts?

Answer 13

Congress.

Question 14

What is jurisdiction?

Answer 14

The authority of a court to hear (to try and decide) a case.

Question 15

When does a case fall under federal court jurisdiction?

Answer 15

Involves the Constitution or federal law
Admiralty & maritime law
U.S. Government
Foreign government
Interstate disputes
Residents of two states (if the value is over $75,000)

Question 16

What are the types of jurisdiction?

Answer 16

Exclusive jurisdiction: Only federal courts can hear the case
State jurisdiction: Cases heard only in state courts
Concurrent jurisdiction: Cases that can be heard in either federal or state court

Question 17

What is original jurisdiction?

Answer 17

When a court is the first to hear a case.

Question 18

What is appellate jurisdiction?

Answer 18

When a court hears a case on appeal from a lower court.

Question 19

Why are cases appealed?

Answer 19

Errors of law
Unfair procedural due process

Question 20

What is judicial restraint?

Answer 20

Cases should be decided based on original intent and precedent.

Question 21

What is judicial activism?

Answer 21

The Constitution should be interpreted in light of ongoing societal changes.

Question 22

How long do constitutional court judges serve?

Answer 22

For life.

Question 23

How can constitutional court judges be removed?

Answer 23

By their own will
Through impeachment (15 federal judges have been impeached, 8 removed)

Question 24

How long do special court judges serve?

Answer 24

Terms vary from 4 to 15 years.

Question 25

Who determines salaries for federal judges?

Answer 25

Congress.

Question 26

How many U.S. District Courts exist?

Answer 26

94.

Question 27

What type of jurisdiction do U.S. District Courts have?

Answer 27

Original jurisdiction.

Question 28

What do U.S. District Courts handle?

Answer 28

Civil and criminal federal cases.

Question 29

How many U.S. Courts of Appeals are there?

Answer 29

12.

Question 30

What type of jurisdiction do Courts of Appeals have?

Answer 30

Appellate jurisdiction.

Question 31

Who determines the outcome of cases in the Court of Appeals?

Answer 31

Three judges.

Question 32

What is the 'Court of Last Resort'?

Answer 32

The Supreme Court.

Question 33

What issues does the Supreme Court have final authority over?

Answer 33

The Constitution Acts of Congress Treaties

Question 34

What are the two types of Supreme Court jurisdiction?

Answer 34

Original jurisdiction: Cases where a state is a party; Cases involving ambassadors, public ministers, and consuls Appellate jurisdiction: The majority of cases; Cases from lower federal courts or highest state courts

Question 35

What is judicial review?

Answer 35

The power to decide the constitutionality of government acts.

Question 36

Which case established judicial review?

Answer 36

Marbury v. Madison.

Question 37

What was the outcome of Marbury v. Madison?

Answer 37

Established the precedent that the Supreme Court can determine the constitutionality of laws First instance of judicial review.

Question 38

How many cases are appealed to the Supreme Court each year?

Answer 38

About 9,000.

Question 39

How many cases does the Supreme Court actually hear?

Answer 39

About 80 per year.

Question 40

What is the 'Rule of 4'?

Answer 40

At least four justices must vote to hear a case.

Question 41

What is a writ of certiorari?

Answer 41

An order directing a lower court to send up a case record for review. Granted only for cases raising important constitutional questions.

Question 42

When does the Supreme Court operate?

Answer 42

From the first Monday in October to June or July.

Question 43

What happens during oral arguments?

Answer 43

Lawyers present 30-minute arguments for their cases. The court recesses to consider.

Question 44

What is the Supreme Court conference?

Answer 44

Justices meet in secrecy (mostly on Fridays) to discuss cases. The Chief Justice speaks first, followed by others.

Question 45

What types of Supreme Court opinions exist?

Answer 45

Majority opinion: The court’s decision and reasoning Concurring opinion: Written by justices who agree with the outcome but for different reasons Dissenting opinion: Written by justices who disagree with the decision.