Quiz #6 - The Judicial Branch

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Intent of Judicial Branch

To interpret and provide judgement for the Constitution

Constitutional Courts

High courts that primarily deal with constitutional law, with the main authority to rule on the constitutionality of laws.

Special Courts

Type of court with limited subject-matter jurisdiction concerning particular field of law.

Jurisdiction

Authority of a court to hear a case

Exclusive Jurisdiction

Cases that can be heard in federal court.

Concurrent Jurisdiction

Federal and state courts share the power to hear these cases

Original Jurisdiction 

A court's authority to hear a case for the first time, before it is heard by a lower court

Appellate Jurisdiction

The power of a higher court to review a decision made by a lower court to determine if the law was applied correctly.

District Courts

Courts that hear cases involving civil, criminal, juvenile, and magistrate matters.

Circuit Courts of Appeals

Intermediate appellate courts that review decisions from lower district courts to determine if the law was applied correctly.

Process of Selecting Federal Judges

Judges are appointed by the President and confirmed by the Senate.

Judicial Restraint

Making decisions in which judges must interpret and apply provisions in the Constitution and the acts of Congress.

Judicial Activism

Provisions should be interpreted and applied in light of ongoing changes in conditions and values. 

Judicial Review

Power of a court to strike down a law from the Constitution.

Marbury v. Madison Situation

Adams packed the judiciary with Federalists after Jefferson’s win in the 1800 Election.

Marbury v. Madison Question

Can Congress force someone to deliver a commission?

Marbury v. Madison Ruling

No, Congress doesn’t have that power (Judicial Review established)

Majority Opinion

A written statement that explains the reasoning behind a court's decision when more than half of the judges agree on the outcome.

Dissenting Opinion

Legal opinion written by one or more judges who disagree with the majority’s decision in a case.

Symbolic Speech

Form of nonverbal communication that conveys a political or social message through actions and objects.

Tinker v. Des Moines Situation

Siblings were suspended for protesting the Vietnam War at school.

Tinker v. Des Moines Question

Is symbolic speech protected on High School Campus?

Tinker v. Des Moines Ruling

Yes, if it’s not causing substantial disruption.