MULTIPLE Choice Test 5 Flashcards
What is the role of the federal judiciary?
Interpret and apply the laws of the nation
Who wrote Federalist 78? What were some of its main points?
Alexander Hamilton, its the least dangerous branch and it has neither force or will, only judgement
How does someone become a federal judge?
Appointed by the president, confirmed by the senate
How long of terms do federal judges serve?
Life terms
What is judicial independence?
The justices being impartial and untied to any person or interest
What is guaranteed for salaries of federal judges?
There salaries are protected and cannot decrease during their term
Which article in the constitution pertains to the judicial branch?
Article 3
Which federal courts are described in the constitution? How are other federal courts created
Only supreme court is described in the constitution, lower courts are created by congress
What is original jurisdiction
You hear the case first
What is appellate jurisdiction?
You are hearing a case that has already been heard by a lower court, (it got appealed up)
How are federal judicial appointments part of a presidents legacy
Putting somebody on a life term, which gives the president the ability to have a impact even after they aren’t president.
What are some modern considerations for federal judge nominations?
Race, ethnicity and gender
Who was John Marshall
The Supreme Court justice that is credited for creating judicial review
Which supreme court case was the first to use judicial review?
Marbury Vs Madison
What is criminal law
Deals with Actions that harm the community
What is civil law
These cover cases that involve private disputes
How do state judges get their positions?
Some of them are elected and some are appointed by the government , in Michigan they are elected
What are federal district courts? How many are there. How many judges hear each case?
This is where cases start, there are 94 district courts and 13 circuit courts, in district court one person heard the case, appeals court is 3 people, and then Supreme Court is 9 people (all justices)
Roughly how many cases does the Supreme Court hear each year ?
About 80 cases
What is the rule of four?
If the Supreme Court is gonna hear a case, at least 4 judges have to vote to hear the case
What is the precedent (stare decisis)
That means that a ruling made by a court serves as a basis in another case
What are amicus curiae briefs?
Interest groups that aren’t directly involved in the case, but they have an interest in it
What is a majority opinion
What the most judges voted for or the precedent moving forward
What. Is a concurring opinion
You agree with the result, but for a different reason
What is a dissenting opinion
You disagree with the majority
What is judicial restraint
Justices should be hesistant to overturn laws made my congress and to overturn previous precedent
What is judicial activism
Belief that judges should loosely interpret existing laws and they should interject there own values in court decisions
How is the order determined that each justice on the Supreme Court presents discussion and votes?
You start with the chief justice and then it is by seniority
Who assigns the responsibility for writing the opinion in Supreme Court cases
Either the chief justice or the most senior justice in the majority
If a Judicial nominee is rejected in recent times, what is considered the most important factor?
Partisan politics
How does appellate jurisdiction differ from original jurisdiction as far as the process
Original jurisdiction decide if you guilty or innocent , appellate jurisdiction decides if they followed an appropriate process
What levels of laws. can the judiciary branch rule unconstitutional
Federal , state , and local
Under which circumstances does the Supreme Court have original jurisdiction
When it’s cases with representatives to foreign countries who are seen as ambassadors , ministers , public councils and other ministers
Describe state court systems
Every state has its own court system and no 2 court systems are exactly alike
What is the only requirement of district and circuit court judges?
You have to live in that district or area
What is senatorial courtesy
As a minimum to be on the district court, you have to be acceptable to the senator from that state if they are of the same party as the president
What role does the Senate Judiciary Committee have
They hold a hearing for every single nominee for federal court
What does the American bar association do?
They screen candidates to see how qualified they would be to be a federal judge
What trend has occurred for most Supreme Court nominees since 1950
That they have been a judge
What is the role of the solicitor general
They are the person that represents the national government in cases heard by the Supreme Court
What is the role of the chief justice
They form the docket and direct the courts conferences
