Pg 2

Question 1

What happens if there is an incorrect judicial interpretation of the law?

Answer 1

Congress can correct these, but only constitutional amendments can revise judicial interpretations of the Constitution

Question 2

What are the major limits on the federal courts?

Answer 2

– limits on jurisdiction
– justiciability
– state actions

Question 3

What does it mean that the federal courts are limited with regard to jurisdiction?

Answer 3

They are limited in their power because they can only hear certain kinds of cases

Question 4

What are questions of justiciability?

Answer 4

Determinations of whether the case can be decided by the courts based on:
– case or controversy
– standing
- ripeness
– mootness

Question 5

How are the federal courts limited by state actions?

Answer 5

Adequate and independent state grounds mean that if a case is appealed to the state Supreme Court, and the decisions are made based on adequate and independent grounds only in state law, then the state decides. The Supreme Court has no authority over state law unless it violates the Constitution.

State courts are the final interpreters of state laws. The state Supreme Court is the highest court for state laws and they can interpret state laws anyway that doesn’t violate federal law. State courts can grant more rights than the Constitution if it is based on state law. The constitution just gives a minimum guarantee of rights, so giving more liberties does not violate the Constitution

Question 6

How does judicial review apply to state actions?

Answer 6

The Supreme Court can strike down unconstitutional state statutes, and review the judgement of constitutional questions of the highest courts of the state.

Question 7

Can state courts review the constitutionality of state or federal laws in cases before them?

Answer 7

Yes, and federal laws are enforced over inconsistent state laws, and the supreme court has the power to reverse the state court’s decisions

Question 8

What is the source of judicial power?

Answer 8

Article III of the constitution

Question 9

What is the federal judicial power?

Answer 9

The power of the court to pronounce judgement and carry it into effect between persons and parties bringing a case. This is limited to case and controversies

Question 10

What do article III and article I courts do?

Answer 10

They set out original and appellate jurisdiction of the Supreme Court and they determine the meaning of the constitution. Courts hear and decide cases, resolve disputes between parties, and are a forum for the adversarial process. Congress can restrict the jurisdiction of federal courts

Question 11

What specifically does an article III court do?

Answer 11

It creates the Supreme Court and is the only constitutionally guaranteed/created court. This gives Congress the power to create lower federal courts. Article III courts are federal courts

Question 12

What specifically do article I courts do?

Answer 12

These are territorial courts, courts-martial, legislative courts, and administrative agencies adjudicating public rights. Congress can create legislative courts or article I tribunals that are inferior to the Supreme Court. Congress must have an appropriate reason to create these courts

Question 13

What body can confer rulemaking powers on federal judges?

Answer 13

Congress.

I.e.: they can confer this power for article III judges to serve on non-judicial commissions such as those to create the FRCP, sentencing commissions for sentencing guidelines, etc.

Question 14

Congress is forbidden from expanding or limiting the original jurisdiction of the Supreme Court, but what can they do?

Answer 14

They can establish inferior courts and provide for their authority, subject to judicial review by the supreme court.

Question 15

How does the supreme court enforce limits on federal power?

Answer 15

By striking down acts of Congress that transgress them. The judicial department says what the law is and expounds and interprets that rule. If two laws conflict, the courts decide the operation of each. The SC has the ultimate authority to define the meaning of the constitution even if it means voiding actions of Congress

Question 16

Does article III state how many judges should be on the Supreme Court?

Answer 16

No.

Question 17

What is the make up of the Supreme Court?

Answer 17

Currently there are eight associate judges and one chief judge. All have lifetime tenure and are guaranteed that their salaries will not be diminished. This ensures that the judiciary is independent. Judges are only removed for impeachment

Question 18

If a matter is not within the jurisdiction of article III, do federal courts have the power to hear the case?

Answer 18

No, so they must dismiss it for lack of jurisdiction

Question 19

What are the areas that the federal courts have jurisdiction over?

Answer 19

– Federal question cases
– diversity cases
– specialty areas

Question 20

What are involved in federal question cases?

Answer 20

Cases that arise under federal law, the constitution, or treaties of the United States

Question 21

What is involved in diversity of citizenship so that federal courts have jurisdiction over a case?

Answer 21

In citizens from different states bring the case to federal courts so that neither party has a home court advantage

Question 22

What is included in the specialty areas that a federal court has jurisdiction over?

Answer 22

Admiralty, ambassadors, representatives of foreign states, conflicts where the US is a party, conflicts between states, public ministers, consuls, conflicts between a state and its citizens and foreign states and their citizens, etc.

Question 23

How much control does Congress have with regard to the judiciary?

Answer 23

Congress has power to make exceptions or regulations about the appellate jurisdiction of the Supreme Court, but:
– cannot intrude on the Supreme Court’s judicial function enough to threaten the SC’s independence, and
– Congress’ power to control the Supreme Court’s appellate jx is limited by all constitutional limitations on federal power such as the bill of rights and due process

Question 24

The supreme court is considered to be a court of what?

Answer 24

Last resort for disputes about the application of the constitution.

Question 25

What types of jurisdiction does the Supreme Court have?

Answer 25

Original and appellate jurisdiction

Question 26

What are the considerations that the Supreme Court uses to decide cases?

Answer 26

It decides cases in light of the effect on the parties and also the nation as a whole

Question 27

Where does the supreme court get appellate jurisdiction from?

Answer 27

The constitution

Question 28

The Supreme Court has gatekeeping rules that do what?

Answer 28

Restrict access to the court’s original jurisdiction.

Question 29

What are some of the things that the Supreme Court decides?

Answer 29

Policy, it pronounces the constitutionality of things, it reviews and invalidates acts of the president as well as executive officials and Congress

Question 30

What are the three different ways that the supreme court reviews?

Answer 30

– through certiorari: this is a discretionary review
– through appeal: this is an obligatory review
– through certified question

Question 31

What is original jurisdiction? USC 28?

Answer 31

Conferred by the constitution, not Congress, so Congress cannot enlarge this.

This applies to the following situations:
– ambassadors, public ministers, consuls, vice consuls of foreign countries as parties
– controversies between the US and states
– actions brought by a state against citizens of another state or aliens
**** For above things the Supreme Court has original, but not exclusive jx. They do not have to accept these cases because the litigants can also file in district courts
- controversies between two or more states: this is original and exclusive jurisdiction so the Supreme Court MUST hear these