Test 2 The Judiciary (4.0 and Go)

Question 1

Judicial Review

Answer 1

the power of the courts to review acts of the other branches and the states to determine if they are constitutional

Question 2

Congress checks over courts

Answer 2

• Determine jurisdiction
• Can propose constitutional amendments and revers the courts
• Can impeach and remove judges
• Senate must approve presidential appointments to the Federal Judicial System

Question 3

The Judiciary Act of 1789

Answer 3

establish basic three tiered structure of the federal court

1. at least one Federal District Court in each state
2. exclusively appellate jurisdiction Circuit Courts
3. Supreme Court

Question 4

Marshall Court: Marbury v. Madison

Answer 4

Marshall ruled that Marbury should get commission, but SC could no issue it because not authorized under Constitution and Congress did not have right to extend courts original jurisdiction- Therefore the Judiciary Act of 1789 was unconstitutional- sets precedent for Judicial review

Question 5

Trial Courts

Answer 5

courts of original jurisdiction - where cases begin

Question 6

Appellate Courts

Answer 6

courts that review findings of law from lower court case

Question 7

Jurisdiction

Answer 7

authority to hear and decide on an issue

Question 8

Original juridiction

Answer 8

the first courts to hear a case, determine facts of law- determine guilt in criminal cases

Question 9

Appellate jurisdiction

Answer 9

authority to review lower court decisions

Question 10

Criminal law

Answer 10

Codes of behavior related to the protection of property and individual safety

Question 11

Felonies

Answer 11

Criminal law

serious offenses

Question 12

Misdemeanors

Answer 12

Criminal law

minor offenses

Question 13

Civil law

Answer 13

code of behavior related to business and contractual relationships between groups and individuals

Question 14

Constitutional courts

Answer 14

federal courts specifically created by the US Constitution or by congress pursuant to its authority in Article III

Question 15

Legislative courts

Answer 15

courts created by congress for specialized purposes

Question 16

District courts

Answer 16

original jurisdiction, every state has t least one, bulk of judicial work on federal level

Question 17

Court of Appeals

Answer 17

loser or defendant mat “appeal” to higher court to examine “errors in procedure, consistency with other court decisions, and questions of unconstitutionality” Appellate courts do not retry case and do not hear evidence over again

Question 18

Brief

Answer 18

written arguments of case submitted to the court

Question 19

Supreme Court

Answer 19

its decisions binding on the entire nation, court of appeals decisions only apply to their geographic area

Question 20

Precedent

Answer 20

prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

Question 21

Stare decisis

Answer 21

the reliance on past decisions or precedent to formulate decisions in new cases- allows for continuity and predictability in our judicial system

Question 22

Cases Supreme Court will hear

Answer 22

1. must come from either a US court of appeals, a three-judges district court, or a state court of last resort
2. must involve a federal question

Question 23

Writ of Cerioriari

Answer 23

request for the court to review lower court decision

Question 24

Rule of Four

Answer 24

certiorari is granted if four justices vote to hear a case

Question 25

Solicitor general

Answer 25

the 4th ranking member of the Dept. of Justice; responsible for handling appeals on behalf of the US gov to the supreme court

Question 26

Amicus Curiae

Answer 26

“Friends of the court”

Question 27

Judicial Restraint

Answer 27

belief that courts should be very reluctant to interfere with the other branches, should let stand the decisions of other branches

Question 28

Strict constructionalist

Answer 28

belief that judges should interpret the constitution based up the framers original intent

Question 29

Judicial activism

Answer 29

belief that judges should use their power broadly to further justice, especially in the areas of equality and civil liberty

Question 30

The Attitudinal Model

Answer 30

personal preferences toward issues of public policy

Question 31

The Strategic Model

Answer 31

weigh and assess their actions against those of other justices to optimize the chances that their preferences will be adopted by the whole court

Question 32

judicial implementation

Answer 32

refers to how whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit