Unit 4

Question 1

Document Establishing National Judiciary

Answer 1

Key Document: The U.S. Constitution establishes the judicial branch of the federal government.
Article III: The judicial branch is set up in Article III of the Constitution. It defines the powers of the judiciary and establishes the framework for the national courts.

Question 2

The Courts and Democracy

Answer 2

Purpose of Courts in a Democracy: Courts are essential in upholding the rule of law and ensuring that individual rights are protected against government overreach. They act as a check on the other branches of government.

Question 3

Founders and Court System

Answer 3

Role of the Founders: The Founders intended for the judiciary to be independent from the legislative and executive branches to avoid abuses of power. They created a national judiciary to interpret laws, resolve disputes, and protect rights.
Federalism and Court System: The Founders created a dual court system that divides judicial authority between state courts and federal courts.

Question 4

Creation of a National Judiciary

Answer 4

Articles of Confederation: The Articles of Confederation (1781-1789) did not establish a national judiciary, which created problems in enforcing laws between states.
U.S. Constitution: The Constitution created the Supreme Court and gave Congress the power to create lower federal courts.

Question 5

Dual Court System

Answer 5

The U.S. has a dual court system, meaning there are two types of courts: state courts and federal courts. State courts deal with state law, while federal courts deal with federal law or issues that cross state lines.

Question 6

Constitutional Courts vs. Special Courts

Answer 6

Constitutional Courts: These are courts created under Article III of the Constitution. They include the Supreme Court, Courts of Appeals, and District Courts.
Special Courts: These courts are created by Congress to hear specific types of cases (e.g., Tax Court, Court of Federal Claims).

Question 7

Jurisdiction

Answer 7

Definition: Jurisdiction refers to the authority of a court to hear and decide a case. It can depend on geography, subject matter, and the parties involved.

Question 8

Types of Jurisdiction

Answer 8

Original Jurisdiction: A court’s authority to hear a case first (e.g., cases involving foreign diplomats, disputes between states).
Appellate Jurisdiction: A court’s authority to review decisions made by lower courts.

Question 9

Exclusive vs. Concurrent Jurisdiction

Answer 9

Exclusive Jurisdiction: When only one court (either state or federal) has the authority to hear a particular case (e.g., federal crimes).
Concurrent Jurisdiction: When more than one court (either state or federal) has the authority to hear a case.

Question 10

Plaintiff & Defendant

Answer 10

Plaintiff: The person or party who brings a lawsuit (the party that files the complaint).
Defendant: The person or party being sued or accused of wrongdoing.

Question 11

Federal Judges and Court Officers

Answer 11

Role of Judges: Judges interpret the law, apply it to specific cases, and ensure fair trials.
Selection of Judges:
Nomination: The President nominates federal judges.
Confirmation: The Senate approves the President’s nominations.

Question 12

Judicial Philosophies

Answer 12

Judicial Restraint: The belief that judges should limit their role to interpreting laws as written, rather than creating new laws through judicial decisions.
Judicial Activism: The belief that judges should actively interpret the Constitution and laws in light of modern circumstances, even if it means creating new precedents.

Question 13

Precedent

Answer 13

Definition: Precedent refers to previous court decisions that influence future rulings. The principle of stare decisis (let the decision stand) means courts follow precedents set by earlier decisions to ensure consistency in the law.

Question 14

Judicial Review

Answer 14

Definition: Judicial review is the power of the courts to declare a law or executive action unconstitutional.
Marbury v. Madison (1803): In this landmark case, the Supreme Court, led by Chief Justice John Marshall, established the principle of judicial review, asserting that it was the role of the judiciary to review the constitutionality of laws passed by Congress or actions taken by the President.

Question 15

Composition of the US Supreme Court

Answer 15

Number of Justices: The Supreme Court consists of nine justices, including one Chief Justice and eight Associate Justices.
Appointment of Justices: Justices are nominated by the President and confirmed by the Senate.

Question 16

Jurisdiction of the SCOTUS

Answer 16

Original Jurisdiction: The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, or disputes between states.
Appellate Jurisdiction: The Court hears appeals from lower courts, particularly those involving important constitutional issues.

Question 17

Two Type of Original Jursidiction

Answer 17

The Supreme Court’s original jurisdiction refers to the types of cases it can hear for the first time, without the need for an appellate review.
Examples of original jurisdiction: Cases between states, cases involving foreign diplomats.

Question 18

Writ of Certiorari

Answer 18

A writ of certiorari is an order issued by the Supreme Court to review a lower court’s decision. The Court grants this writ when it agrees to hear a case.
Certiorari Process: The Court receives thousands of petitions each year but grants certiorari to only a small percentage of cases that raise important legal questions or constitutional issues.

Question 19

The Structure and Role of the Federal District Courts

Answer 19

Federal District Courts: These are the trial courts of the federal system. They are where most federal cases begin.
Number of Districts: There are 94 federal judicial districts across the United States, with at least one district court in each state.
Type of Jurisdiction: They have original jurisdiction, meaning they hear cases for the first time.
Criminal vs. Civil Cases: Criminal cases involve violations of federal law, while civil cases involve disputes between individuals or entities (e.g., contracts, personal injury).

Question 20

The Structure and Roel of the Federal Courts of Appeals

Answer 20

Creation: Federal Courts of Appeals were created to reduce the caseload of the Supreme Court by hearing appeals from district courts.
Number of Courts: There are 13 Courts of Appeals in the U.S., divided into 11 regional circuits, the District of Columbia Circuit, and the Federal Circuit.
Role: They have appellate jurisdiction, meaning they review decisions made by lower courts (district courts).

Question 21

The Courts and Democracy

Answer 21

Role of Courts in Democracy: Courts are essential in a democracy for maintaining the rule of law, protecting individual rights, and ensuring checks and balances between the branches of government. They interpret laws in light of changing social and political conditions.

Question 22

Zenger Trial

Answer 22

The Zenger Trial was a 1735 legal case where journalist John Peter Zenger was acquitted of libel, establishing an early precedent for freedom of the press.

Question 23

4th Amendment

Answer 23

No searching homes without a warrant

Question 24

6th Amendment

Answer 24

Right to Jury Trial

Question 25

Admiralty vs. Maritime Law

Answer 25

Admiralty: the body of law governing naval and shipping matters, traditionally focused on issues like collisions, salvage, and offenses on open waters.
Maritime: both admiralty law and other laws related to activities and business conducted at sea, including contracts, injuries, and commerce.

Question 26

Judiciary Act of 1789

Answer 26

landmark law that established the structure and jurisdiction of the federal court system in the United States. It created the Supreme Court, as well as district and circuit courts, and outlined their powers. The act also provided for the position of the Attorney General and allowed federal courts to review certain types of state court decisions, laying the foundation for the federal judiciary as a coequal branch of government