Judiciary branch quiz

Marbury v. Madison

Landmark Supreme Court case in 1803 where the Court established the principle of judicial review, allowing it to review and strike down laws that it deems unconstitutional.

Judiciary Act of 1789

Legislation passed by Congress that established the federal court system, including the structure of the federal judiciary, the jurisdiction of the courts, and the process for nominating and confirming federal judges.

Article III of the U.S. Constitution

Provides the constitutional framework for the federal judiciary, including the establishment of the Supreme Court and inferior federal courts, delineating their authority, and ensuring the separation of powers among the branches of government.

Original jurisdiction

The authority of a court to hear and decide a case for the first time, typically involving disputes between parties or cases involving federal law or the Constitution.

Appellate jurisdiction

The authority of a court to review decisions made by lower courts on appeal, typically focusing on questions of law rather than issues of fact. Enables higher courts to review and correct errors made by lower courts, ensuring consistency and uniformity in the interpretation and application of law.

Structure of the Federal Court system

Organizational framework comprising the Supreme Court, Courts of Appeals (Circuit Courts), and U.S. District Courts, with each level having specific roles and responsibilities within the federal judiciary.

Court of Appeals

Intermediate appellate courts within the federal judiciary that review decisions made by lower courts, including both federal district courts and certain specialized courts

U.S. District Courts

Trial courts within the federal judiciary that have original jurisdiction over most federal cases, including civil and criminal matters. Serve as the primary venues for the resolution of federal legal disputes, conducting trials, adjudicating motions, and applying federal law in accordance with the Constitution and statutes, ensuring access to justice and fair adjudication of cases.

Supreme Court

The highest court in the federal judiciary of the United States, consisting of nine justices who have the authority to interpret the Constitution and federal law, and to resolve disputes between states and the federal government.

Jurisdiction

The authority of a court to hear and decide cases within its prescribed geographic or subject matter boundaries. Determines the scope of a court's authority and the types of cases it is empowered to adjudicate, ensuring that cases are heard by the appropriate court and that decisions are legally binding.

Judicial review

The power of a court to review and invalidate laws or governmental actions that it deems unconstitutional.

Federalist Papers No. 78

Essay written by Alexander Hamilton advocating for an independent judiciary, including lifetime appointments for judges and the power of judicial review.

Precedent

A legal decision or ruling that serves as a basis or authority for deciding subsequent cases with similar facts or legal issues

Binding precedent

Precedent that must be followed by lower courts within the same jurisdiction, typically established by higher courts through their decisions.

Persuasive precedent

Precedent that is not binding on a court but may be considered and adopted as persuasive authority in deciding similar cases

Stare decisis

Latin term meaning "let the decision stand," referring to the principle of adhering to precedent and following established legal principles in deciding cases.

Judicial activism

The judicial philosophy that advocates for the active interpretation and application of the law, including the expansion of constitutional rights and the correction of perceived social injustices.

Judicial restraint

The judicial philosophy that emphasizes deference to legislative and executive branches of government, limiting judicial intervention in policy-making and preferring narrow interpretations of the law.

Robert Bork

 Legal scholar and judge whose failed nomination to the Supreme Court in 1987 sparked contentious debate over judicial philosophy and the role of the judiciary.

Getting "borked"

Informal term referring to the political obstruction or defeat of a judicial nominee, often based on ideological or partisan opposition.

Process of nominating and confirming federal judge

Formal process involving the selection and appointment of federal judges by the President, followed by confirmation by the Senate.

Senatorial courtesy

Unwritten custom whereby senators from the president's party have considerable influence over federal judicial appointments in their home state.

Inferior courts

All US federal courts below the Supreme Court, including courts of appeals, district courts, and federal tribunals. Congress retains the power to establish inferior courts and to determine how they operate

John Marshall

An early, influential Chief Justice of the United States who led the Supreme Court from 1801-1835. Marshall wrote several foundational Court decisions, including Marbury v. Madison and McCulloch v. Maryland, which enhanced the power of the judicial branch and affirmed the supremacy of federal law over state law.

judicial independence

Factors that prevent members of the legislative and executive branches from influencing Supreme Court justices, including lifetime appointments for justices and a ban on salary decreases for sitting justices.

Constitutionalism

The federal courts use judicial review to determine whether the acts of Congress, the executive branch, and state governments comply with the Constitution. This exemplifies the principle of checks and balances by ensuring that the other branches of government cannot act outside the bounds of the Constitution without consequence.

judicial appointment

The President of the United States appoints Supreme Court justices and federal judges. Presidents attempt to use the judicial appointment process to influence the ideology of the Court for years to come.

life tenure

Supreme Court justices and federal judges have lifetime appointments, remaining in office until they retire, die, or (in rare cases) are removed by impeachment.

confirmation process

The Senate must confirm nominees to the Supreme Court and the federal bench by a simple majority. When the Senate majority party opposes the president, there’s a greater likelihood that judicial appointments will be blocked or rejected.

court-curbing measures

Strategies for reducing the power of the Supreme Court or the impact of its rulings.

Implementation

The process of carrying out the Supreme Court’s rulings; for example, Presidents Eisenhower and Kennedy sent federal troops to integrate schools when southern states refused to implement Brown v. Board of Education.