Supreme Court and National Judiciary

Question 1

Who or what sets up the Supreme Count?

Answer 1

The constitution

Question 2

Who or what sets up the inferior/lower courts?

Answer 2

Congress

Question 3

Who is the head of the Supreme Court?

Answer 3

Chief Justice

Question 4

How many associate justices are there?

Answer 4

8

Question 5

What is the job of the Supreme Court?

Answer 5

Deciding if laws are valid and what they mean, and interpreting federal law

Question 6

What is judicial review?

Answer 6

Deciding whether or not laws are constitutional

Question 7

Where did the power of judicial review come from?

Answer 7

The Supreme Court gave it to themselves in the Marberry vs. Madison case

Question 8

What is exclusive jurisdiction?

Answer 8

The only court to hear something

Question 9

What is concurrent jurisdiction?

Answer 9

More than one court can hear it

Question 10

The Supreme Court has original and ____ jurisdiction (fill in the blank)

Answer 10

Appellate

Question 11

What is original jurisdiction?

Answer 11

To hear something first

Question 12

What is appellate jurisdiction?

Answer 12

To hear on appeal or after another court

Question 13

What are the two cases where the Supreme Court exercises original jurisdiction?

Answer 13

When there is a foreign entity involved or a state is one of the parties (state vs. state case)

Question 14

Supreme Court Justices pick their cases by what rule?

Answer 14

The rule of four

Question 15

Why is the rule of four important?

Answer 15

For possible affirmation or overturn of a case

Question 16

If the Supreme Court remands a case to the lower court they are doing what?

Answer 16

Sending it back to a lower court

Question 17

Most cases reach the Supreme Court by the ____ of ______ (fill in the blank)

Answer 17

Writ of Certioran

Question 18

What is the Writ of Certorian?

Answer 18

When the Supreme Court says “we want to hear this case”

Question 19

What happens if the Supreme Court refuses to see a case decided in a lower level court?

Answer 19

The lower court decision stands

Question 20

What is a certificate?

Answer 20

A process by which a lower court who is not clear about the procedure or rule of law that should apply appeals to the Supreme Court (it is another way the Supreme Court can receive a case)

Question 21

A lawyer’s oral argument in front of the Supreme Court is limited to how long?

Answer 21

30 minutes

Question 22

What is an amicus curiae brief?

Answer 22

• “Friend of the court”

- When an outside party writes a legal brief

Question 23

What number is needed to win a Supreme Court case?

Answer 23

5/9

Question 24

What number is needed to win a normal criminal case?

Answer 24

12/12

Question 25

What happens if you fail to get the necessary number in a criminal case?

Answer 25

You have a hung jury

Question 26

What happens in a hung jury?

Answer 26

There is a total retry of the case, or the case is thrown out

Question 27

What is the split of Republican to Democrats appointees in the Supreme Court?

Answer 27

5 to 4

Question 28

What is a recluse?

Answer 28

- Conflict of interest | - Choosing not to sit in on a trial

Question 29

Name the nine people on the Supreme Court?

Answer 29

- John Roberts (Chief Justice - appointed by George W. Bush) - Ruth Bater Ginsburg (Appointed by Carter) - Antonin Scalia (Senior Justice - appointed by Reagan) - Sonia Stonomayor (appointed by Obama) - Stephen Breyer (appointed by Clinton) - Anthony Kennedy (Swing vote - appointed by Reagan) - Clarence Thomas (African American - "Silent Justice" - appointed by Bush Sr.) - Samuel Alito (appointed by George W. Bush) - Elena Kagan (appointed by Obama)

Question 30

Who is the only other woman to serve on the Supreme Court?

Answer 30

Sandra Day O'Connor (appointed by Reagan)

Question 31

In a civil case, the individual who is bringing a complaint is called what?

Answer 31

Plantif

Question 32

The person who is accused of the crime is called what?

Answer 32

Defendant

Question 33

How long are Supreme Court Justices hired for?

Answer 33

Life

Question 34

Why are Supreme Court Justices hired for life?

Answer 34

To be free from political pressure

Question 35

What is a precedent?

Answer 35

Some kind of ruling which sets the guidelines to rule from the point on

Question 36

When justices meet, the head justices speak first. What procedures do the follow to determine who goes next?

Answer 36

Seniority (Roberts first, Scalia next, Kagan last)

Question 37

The courts overall opinion is known as what?

Answer 37

The majority opinion

Question 38

What is a concurrent opinion?

Answer 38

"I agree with the majority for a different opinion"

Question 39

Sometimes justices who disagree with the court will write a what?

Answer 39

Dissenting opinion (in order to explain why they feel the cases should have gone the other way)

Question 40

What is the first step in suing the federal government?

Answer 40

Get their permission

Question 41

What Court is responsible for most of the federal appeals that occur in this country?

Answer 41

The U.S Court of Federal Appeals

Question 42

Why was the Supreme Court created? (What was going on under the Articles of Confederation without a national court system)

Answer 42

- Lack of consistency in rulings | - Inconsistent interpretation

Question 43

What is the difference in burden of proof between a civil case and a criminal case?

Answer 43

- Need to prove beyond reasonable doubt (criminal) - Need to prove more likely true than not (civil) OJ Simpson trial : found innocent for murder (criminal) and guilty for emotional damages (civil)

Question 44

Who is the chief lawyer of the federal government?

Answer 44

Solicitor General

Question 45

What does the Attorney General do?

Answer 45

Head of the Justice department (advises the President on legal matters)

Question 46

What is judicial activism?

Answer 46

"Legislating from the bench" (shaping a law) | - Saying what things mean as opposed to just "yes" and "no"

Question 47

What is Stare Decisis?

Answer 47

"Let the decision stand" | Ruling on precedent

Question 48

What are the specialized courts and what is their purpose?

Answer 48

- Courts that cover cases on specific topics | - Military, taxes, veteran's claims, etc.