Unit 2 , Chapter 6 - (Judicial Branch)

Question 1

Original jurisdiction

Answer 1

Rules first on issues involving multi-state suits, “ambassadors, or other public ministers”.

Question 2

Appellate Jurisdiction

Answer 2

Authority to hear and review decisions of lower courts on issues of federal law or constitution

Question 3

Judicial Review

Answer 3

Can overturn laws or executive acts
This is not a part of the constitution - this is a power that the supreme court gave itself because of claimed enumerated/implied powers

Question 4

Criminal Law

Answer 4

Harms society and prosecuted by government
Right to attorney, right to a trial by jury, etc.

Question 5

Civil law

Answer 5

(usually financial) Harms individuals or corporations

Question 6

What makes a majority decision?

Answer 6

Currently 5 out of 9 justices (number has changed over history)
Majority opinions create court holdings/rulings

Question 7

Precedent

Answer 7

general rule from a holding that is applied to future cases (ex- Mucffokfglohoohhgh v. Maryland)

Question 8

State Decisis

Answer 8

Allow previous precedent to stand (not change it)

Question 9

Concurring Opinion

Answer 9

Agree w/ majority but for different reasons

Question 10

Dissenting Opinion

Answer 10

Explains why minority disagrees w/ opinion

Question 11

Appeals Courts

Answer 11

Can overturn rulings of lower courts

Question 12

Writ of Certiorari

Answer 12

SCOTUS agrees to hear case (150/7000)

Question 13

Oral Arguments

Answer 13

explain position and asked questions by justices

Question 14

Amicus Briefs

Answer 14

Briefs and arguments submitted by interest groups

Question 15

Originalism

Answer 15

Original intent of constitution should be used for
decisions

Question 16

Textualism

Answer 16

Use only the factual text of the constitution

Question 17

Living Constitution

Answer 17

Adapt and apply constitutional ideas for
current standards

Question 18

balance of the court

Answer 18

Court balance has changed w/ presidential appointments
- Lifetime appointments create lasting policy impacts
- Court has to balance rulings and being “non-partisan”

Question 19

Justice Parameters

Answer 19

All federal (national) judges are appointed for life (inc. trial and appeal courts0
Serve until die, retirement, or imoeached by the legislature
Judges slaaries may not be diminished or decreased while in office

Question 20

How a judge becomes a judge

Answer 20

Must be appointed by President and confirmed by the US Senate

Rely on executive to follow and enforce judicial decisions

Influence can be reduced through expanding court

“good behavior”

Judges can be impeached and removed from office
Bribery, false statements, corruption, incompetence

Question 21

Judicial Restraint

Answer 21

Argues that the court should not overturn previous precedent
Regrain from limiting the democratically elected branches
Do not create overarching policy decisions
Stare Decisis - let the decision stand!
Does not mean conservative!!

Question 22

Judicial Activism

Answer 22

Argues court should be willing to overturn previous precedent
Limit executive and legislative powers
Establish rulings that can create new overarching policy
So basically. Their rulings will read a lot more like laws
Does not mean liberal !!

Question 23

Checks and Implementations

Answer 23

Executive Branch can appoint justices with favorable philosophies
Can delay implementation of Courts ruling
States can delay implementation of court ruling (Brown v Board)

Question 24

Legislative Checks

Answer 24

Pass a new modified law if previous federal law is overturned
Propose a constitutional amendment (ratified by states)
Pass legislation to expand or limit Supreme Court’s jurisdiction for future cases

Question 25

When did historical court packing happen / what?

Answer 25

SCOTUS overturned many New Deal Provisions
FDR wanted to expand the court with supportive justices
Plan would have expanded SCOTUS to 15 judges
Add a justice for every judge over age of 70

Question 26

Federal Judiciary

Answer 26

the branch of the federal government that interprets the laws of the nation

Question 27

Supreme Court

Answer 27

the highest level of the federal judiciary, which was established in Article II of the Constitution and serves as the highest court in the nation.

Question 28

Federalist no. 78

Answer 28

Alexander Hamilton argued that an independent judiciary was essential for preserving liberty and upholding the checks and balances of the constitution
In order to u[jold thism argued that federal judges should be appointed for life, and their salaries protected. Practice still stands today.

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches. (assured sketpic anti-federalists)
Hamilton argues taht the judiciary will act impartially and is insulated from politics. He also argues that the judiciary is the weakest branch.

Question 29

Caperton v. Massey Coal Co.

Answer 29

possible bribe in a court
Emphasizes that the court should be above politics

Question 30

fed and state judges - how appointed?

Answer 30

Fed. Judges are appointed, state judges are elected

Question 31

Original Jurisdiction

Answer 31

the authority of a court to hear a case first, which includes the finding of facts in the case

Question 32

Appellate jurisdiction

Answer 32

the authority of a court to hear and review decisions made by lower courts in that system. - to overturn or revise that decision.

Question 33

Marbury v. Madison (1803)

Answer 33

the Supreme Court decision that establoshed jusicial review over federal laws

Question 34

Judicial Review

Answer 34

the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution

Question 35

Federal District Courts

Answer 35

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

Question 36

Federal Court of Appeals

Answer 36

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

Question 37

Judicial restraint

Answer 37

a philosophy of constitutional interpretation that justices should be cautious in overturning laws

Question 38

Jusicial activism

Answer 38

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.