Judicial Branch Test Study Guide

A trial court has what type of jurisdiction

Original Jurisdiction

This is the court of last resort in all questions of fed law

Supreme Court

Explanation for Supreme Court's decision is called

Majority Opinion

A court of appeals has

appellate jurisdiction

A state may not take a person's life, liberty, or property without

due process of law

This is the trial jury

Petit jury

The US is divided into 12 regions each one with a

federal court of appeals

Majority of cases the Supreme court hears come

lower federal courts, state supreme courts, and/or appeals

A petition to Supreme Court to hear a case is called a

writ of certiorari

A friend of the court is

amicus curiae

The power to confirm appointments to the Supreme Court resides in

the Senate

A written decision by the Court is

Majority Opinion

A written statement that sets forth legal argument is called a

brief

A justice writes this when he or she agrees with the majority opinion but for a different reason

Concurring opinion

This is senate's control over supreme court

senatorial courtesty

Authority to hear certain cases is  called

jurisdiction

The celebrated decision in this case gave supreme court judicial review

Marbury v. Madison

That no state may deprive any person of life liberty or property is part of

the 14th Amendment

An assistant to a supreme court judge is a

Law Clerk

Justices reach the court through

presidential nomination

This comprises the largest block of the courts cases

Civil Liberties

NOT a limit on court’s power

a. Restriction of types of issues b. Congressional jurisdiction c. Lack of enforcement power d. Checks and balances

Checks and Balances

The president's most important influence over the court is the power to

appoint justices

A Supreme court decision sets a

precedent

This means “let the decision stand”.

Stare decisis

Why does the Constitution give fed courts jurisdiction in cases involving disputes between two states or between a state and a citizen of another state?

The federal court is a national court, and granting it jurisdiction over disputes between states or between a state and a citizen of another state ensures fairness and consistency in legal decisions. This prevents potential bias and conflicting rulings that could arise if state courts handled such cases independently.

What two actions could congress take to undo a supreme court ruling that a federal law is unconstitutional? Explain the advantages and disadvantages of each action.

Power to Amend (Change) the Constitution:

• Advantage: Overrides Supreme Court’s decisions to ensure the law aligns with congressional intent. Ensures long-term stability and sets a binding precedent.

• Disadvantage: Very difficult process, requires a two-thirds vote in both houses of Congress and ratification by three-fourths of the states, making it very rare for amendments to pass.

Passing a New law that addresses the court’s concerns:

• Advantage: Congress can craft legislation that modifies previous law to comply with congressional standards, effectively restoring much of the original law’s intent without constitutional conflict.

• Disadvantage: Supreme Court may still review and strike down the revised law if it doesn’t fully resolve constitutional concerns. Adjusting the law may not be enough to override the Court’s decision if the ruling was based on fundamental constitutional principles. The

Explain how and why the supreme court's ruling in the case of Marbury v. Madison increased the court's power.

Chief Justice John Marshall decided it is the judiciary’s duty to interpret the law and determine whether congressional actions align with the Constitution; therefore, giving the Judicial branch the power to nullify laws and change them accordingly if needed.

This court ruling was important because:

• reinforced that the Constitution is the supreme law of the land

• Set a precedent for future cases, allowing the Court to check governmental actions and prevent unconstitutional laws from being enforced.

• Strengthens separation of powers, ensuring Congress and the President can’t exceed constitutional limits without facing judicial oversight.

Describe the differences between criminal and civil law

Criminal Law:

• punishes individuals for offenses against society

  • including: murder, theft, assault, fraud

• The government prosecutes

• Must be undeniable proof present in order to give penalty

• Penalties include: fines, imprisonment, probation, or community service

Civil Law:

• resolves disputes between individuals or organizations

  • including: contract disputes, property damage, personal injury claims

• Private individuals or entities (plaintiffs) may initiate the case

• For proof there must be a greater weight of evidence for one side to have a better argument

• Penalties include: monetary compensation, or court orders

Describe the adversary system of justice and discuss the criticism of this system and its alternative

The adversary system is a system of justice in which two opposing parties present their cases and based on their arguments and evidence presented a judge or jury determines an outcome.

Drawbacks include:

• emphasis on winning over truth - lawyers focus on winning based on argument strength rather than objectively finding the truth causing unjust rulings in cases of guilty and/or innocent.

• wealthier individuals can afford better legal representation compared to lower-income individuals leading to unequal outcomes

• Victims and witnesses may experience distress due to aggressive cross-examinations, especially in sensitive cases.

• The system can lead to prolonged trials and high legal expenses, making justice less accessible.

An alternative is the Inquisitorial system in which judges play an active role in investigating cases, gathering evidence, and questioning witnesses. The focus is fact-finding rather than structured opposition between two individuals, and the trials are shorter and less expensive, as judges guide the process rather than relying on competing legal teams.

• Advantages: greater emphasis on truth-seeking, reduced costs, and less reliance upon legal strategy

• Disadvantages: judges have more power, leading to bias, and defendants have fewer opportunities to challenge evidence.

Discuss four limits on supreme court

1. Lack of Enforcement Power - Court can issue rulings, but relies on executive branch to enforce them. If President or state officials refuse to comply, the Court has no direct means to ensure implementation.

2. Congressional Jurisdiction Control - Congress has power to regulate the Court’s jurisdiction, meaning it can limit the types of cases the Court is allowed to hear.

3. Public and Political Pressure - While the Court is independent, public opinion and political influences can shape its decisions. Justices may consider societal reactions, especially in landmark cases.

4. Checks and Balances - The President appoints justices, and Senate confirms them. Additionally, Congress can pass new laws or constitutional amendments to override Supreme Court rulings.