Judicial Branch Study Guide

This set of flashcards covers key concepts related to the Judicial Branch as outlined in the provided notes, designed to aid in exam preparation.

What article of the Constitution establishes the Federal Judiciary?

Article III.

What are judges appointed for?

Life terms.

What does judicial review allow courts to do?

Declare laws or executive actions unconstitutional.

In what case was judicial review established?

Marbury v. Madison (1803).

What are the three tiers of the Federal Judiciary?

District Courts, Courts of Appeals, Supreme Court.

What type of jurisdiction do District Courts have?

Original jurisdiction.

Do Courts of Appeals retry cases?

No, they review district court decisions.

What is the role of the Supreme Court?

It is the highest court in the U.S. and final authority on constitutional issues.

What is the first step in the federal judge appointment process?

The President nominates.

What is required for the Senate to confirm a nominee?

A simple majority vote.

What are the types of opinions written by justices?

Majority, concurring, dissenting.

Name one factor influencing Supreme Court decisions.

Judicial philosophy.

What does the term stare decisis mean?

Let the decision stand.

What is the significance of Federalist No. 78?

It argues that the judiciary is the 'least dangerous branch'.

Who said the judiciary has no control over money?

Alexander Hamilton.

What does original jurisdiction mean?

The case starts in that court.

What type of cases does the Supreme Court have original jurisdiction over?

Cases involving states and foreign ambassadors.

What was the Judiciary Act of 1789?

It created the federal court system.

What did the Judiciary Act of 1801 do?

It reduced the number of Supreme Court justices.

What was the result of Marbury v. Madison?

Part of the Judiciary Act of 1789 was ruled unconstitutional.

What limits judicial review?

The court must wait for a real case and cannot enforce rulings.

What factors do presidents consider when selecting Supreme Court justices?

Ideology, political impact, judicial philosophy, age, demographics.

What is the 'Writ of Certiorari'?

An order to a lower court to send case records.

What is the 'Rule of 4'?

At least 4 justices must agree to hear a case.

What are two types of judicial philosophy?

Judicial activism and judicial restraint.

What does judicial activism entail?

Courts actively interpret the Constitution and may overturn laws.

What principle promotes consistency in court decisions?

Stare decisis.

What does original intent refer to?

Judges interpret the Constitution based on the framers' original meaning.

How does public opinion relate to judicial decisions?

The Court is insulated but aware of public legitimacy.

What does 'Legislating from the Bench' imply?

Judges are making policy instead of interpreting law.

What is one presidential check on the judiciary?

Appoint judges.

What legislative powers can check the judiciary?

Confirm judges and propose constitutional amendments.

What does the term 'judicial restraint' mean?

Courts defer to elected branches and avoid overturning laws.

What is a common criticism of Judicial Activism?

Judges are accused of making policy rather than interpreting law.

What major constitutional principle did Marbury v. Madison establish?

Judicial review.

What is an important aspect of the Supreme Court's role in policymaking?

It interprets laws and the Constitution.

What does the confirmation process for Supreme Court justices involve?

Nomination by the president, hearings, Senate debate, and vote.

What role does the Senate Judiciary Committee play in the appointment process?

Conducts hearings on the nominee.

What is one effect of lifetime appointments for judges?

Ensures independence from political pressures.

What is the relationship between public opinion and the decisions of the Supreme Court?

The Court avoids decisions far outside public views long-term.

What historic case involved judicial commission withholding?

Marbury v. Madison.

What did the Judiciary Act of 1801 lead to?

Creation of 'midnight judges'.

Why may courts overturn precedents?

In rare cases, to promote justice or adapt to changing values.

What is the primary function of the Supreme Court in relation to Congress?

Acts as a check on its powers.

What are key criteria for appointing federal judges?

Legal experience, judicial philosophy, political ideology.

What influence does the Chief Justice have over the court?

He/she leads the court and decides on case assignments.

What was the outcome of the Supreme Court's majority vote process?

Decides the outcome of the case.