Government test #6

Where is the Federal Judiciary established in the Constitution?

The Federal Judiciary is established in Article III of the Constitution.

Who does the Constitution give authority to organize the federal judiciary?

Congress has the authority to organize the federal judiciary, including creating lower courts.

What is a precedent?

A precedent is a previous court decision that serves as a rule or guide for future cases with similar issues or facts.

What is stare decisis and how does it apply to the Courts?

Stare decisis is the principle that courts should follow precedents to ensure consistency and stability in the law. It means "to stand by things decided."

What is the difference in the standard of proof in a criminal vs. a civil case?

In a criminal case, the standard is "beyond a reasonable doubt." In a civil case, it’s "preponderance of the evidence" (more likely than not).

Who bears the burden of proof?

In criminal cases, the prosecution does. In civil cases, the plaintiff bears the burden of proof.

How many Justices serve on the Supreme Court today?

There are 9 Justices on the Supreme Court.

How are justices and federal judges decided? (2 steps)

1) They are nominated by the President. 2) They must be confirmed by the Senate.

What are the age/citizenship/education requirements for a Supreme Court Justice?

There are no official requirements for age, citizenship, or education in the Constitution.

What is a court’s legal authority to hear a case called?

Jurisdiction.

What is the Rule of 4?

It’s the requirement that at least 4 Supreme Court Justices must agree to hear a case.

How does a case name appear? (petitioner vs. respondent)

The petitioner is listed first (the party asking the Court to hear the case), and the respondent is second (the party responding to the petition).

What is the main role of the Chief Justice?

To preside over Supreme Court sessions and, in impeachment trials of the President, to preside in the Senate. The Chief Justice also assigns opinions when in the majority.

What is the role of the Solicitor General?

The Solicitor General represents the U.S. government in Supreme Court cases and decides which cases the government should appeal.

What is Judicial Review and when was it established?

Judicial Review is the power of courts to declare laws unconstitutional. It was established in Marbury v. Madison (1803).

What are majority, dissenting, and concurrent opinions?

Majority: official decision of the Court. Dissenting: disagrees with the majority. Concurrent: agrees with the majority but for different reasons.

What is judicial restraint?

The belief that judges should defer to the elected branches and avoid overturning laws unless absolutely necessary.

What is judicial activism?

The belief that judges should interpret the Constitution boldly and may strike down laws or policies that violate rights, even if it means overruling other branches.

How does a Supreme Court appointment affect a President’s legacy?

Justices serve for life, so their decisions can influence the law and society long after the President leaves office.

How long is a term of a Supreme Court Justice?

For life, during good behavior (until death, retirement, or impeachment).

What is an advantage to the term of a Supreme Court Justice?

They are independent from political pressure, allowing impartial decisions.

What is a disadvantage to the term of a Supreme Court Justice?

They can serve for decades, even if their views become outdated, and it makes the Court harder to change.

What are the checks and balances that Congress has over the Supreme Court?

Congress can: ● Confirm or reject judicial nominees ● Impeach and remove judges ● Propose constitutional amendments ● Change the number of justices ● Change the Court's jurisdiction

How does judicial implementation affect Supreme Court rulings?

Supreme Court rulings depend on other branches and the states to enforce them; if ignored, rulings have less impact.

What is the difference between civil liberties and civil rights?

Civil liberties are protections against government actions (e.g., freedom of speech). Civil rights are protections from discrimination (e.g., equal protection under the law).

What is the Bill of Rights and what led to it?

The first 10 amendments to the Constitution; added to ensure individual freedoms and to get states to ratify the Constitution.

Where are civil liberties found in the Constitution?

Mainly in the Bill of Rights (Amendments 1–10).

Where are civil rights found in the Constitution?

Mostly in the 14th Amendment’s Equal Protection Clause.

What is the Establishment Clause and Free Exercise Clause in the First Amendment?

Establishment Clause: Government can’t establish an official religion. Free Exercise Clause: People can freely practice their religion.

What are the 3 criteria of the Lemon Test?

1) Law must have a secular purpose 2) It must not promote or inhibit religion 3) It must not excessively entangle government with religion

What limits our Freedom of Expression?

Threats to public safety, slander/libel, obscenity, and speech that incites violence or illegal actions.

What was the ruling in Mapp v. Ohio?

Evidence obtained illegally cannot be used in court (exclusionary rule).

What was the ruling in Miranda v. Arizona?

Suspects must be informed of their rights (right to remain silent and an attorney).

What was the ruling in Gideon v. Wainwright?

Defendants have the right to an attorney, even if they can’t afford one.

What was the ruling in Griswold v. Connecticut?

The Constitution protects the right to privacy, including use of contraceptives.

What was the ruling in Brown v. Board of Education?

Segregation in public schools is unconstitutional; overturned Plessy v. Ferguson.

What was the ruling in Marbury v. Madison?

Established the principle of judicial review—courts can declare laws unconstitutional.

Clarence Thomas

Current Justice

Samual Alito

Current Justice

Sonia Sotomayer

Current Justice and first hispanic

Elena Kagan

Current Justice

Brett Kavanaugh

Current Justice

Amy Barret

Current Justice

Ketanji Brown Jackson

Current Justice and first African American woman

Roger B. Taney

First catholic justice

Louis J. Brandeis

First Jewish Justice

William H. Taft

Former President that turned into a justice

Thurgood Marshall

First African American Supreme Court Justice

Sandra Day O’Connor

First woman justice