Unit 2 - Judiciary

Question 1

Article III of Constitution

Answer 1

• basis for judicial power
• states that fed judges serve for life
• congress creates lower courts
• empowers the courts to handle cases/controversies arising under federal law
• defines treason

Question 2

Federalist No.78

Answer 2

argues that SCOTUS must be independent from political power and life terms would allow justices to not worry + do their job well
= SCOTUS holds the power to protect the constitution!!

Question 3

Marbury v. Madison

Answer 3

• affirmed/established judicial review
• Greatly strengthened the judiciary

Question 4

Stare Decisis

Answer 4

typically follow historical cases when making a ruling on a similar case, but they are not required to do so.

Question 5

Concurring Opinion

Answer 5

an opinion filed by a judge that agrees with the majority opinion but that bases this conclusion on different reasons or on a different view

Question 6

Writ of Certiorari

Answer 6

A request that the Supreme Court orders a lower court to send a record of the case and all information regarding case for review

Question 7

Judicial Review

Answer 7

power by which SCOTUS can review actions of other government branches and declare them unconstitutional

Question 8

Original Jurisdiction

Answer 8

the court can hear a case for the first time

Question 9

Amicus Curiae

Answer 9

a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case

Question 10

Impeachment

Answer 10

Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate.
~ (for pres impeachment) When the president is being tried, the chief justice of the Supreme Court serves as the judge presiding over the trial.

Question 11

Judicial Activism

Answer 11

he U.S. Constitution is a living document which through the process of judicial review is open to new evaluation and modernization

+ foreign law and precedent should be a factor in U.S. legal matters, and that certain rights or restrictions should be expanded.

Question 12

Judicial Restraint

Answer 12

judges should base their judicial decisions solely on the concept of stare decisis, which refers to the obligation to follow precedents (earlier rulings).

Question 13

Dissenting Opinion

Answer 13

an opinion written by an appelate judge or justice who disagrees with the majority opinion in a given case

Question 14

Judicial Accountability

Answer 14

• Congress can pass legislation that limits ruling
• Congress can propose an amendment
• Congress can alter number of SCOTUS justices
• Congress can alter SCOTUS jurisdiction (what types of cases they can hear)ap

Question 15

Appelate Jurisdiction

Answer 15

Court can only hear appeals from lower courts

Question 16

Jurisdiction

Answer 16

the extent of the power of court (what kind of cases these courts can hear)

Question 17

Precedent

Answer 17

a legal case or decision that establishes a principle for future similar cases

Question 18

Solicitor General

Answer 18

a person that supervises and conducts government litigation in SCOTUS (represents US government)