UNIT 6: JUDICIAL BRANCH

Explain the dual court system. Draw it!

Supreme Court
Circuit Courts
District Courts

What is the difference between criminal law and civil law?

Criminal —> against the society
Civil —> party dispute

You have to have standing to have a case. Explain what that means in simple language.

Must have had something happen to you to take your case to court

What is the only court mentioned in the Constitution?

Supreme

Give me an example of an injunction.

Restraining order

What is common law?

Unwritten, based on precedence

What does it mean to have original jurisdiction?

The court can hear the case for the first time.

What does it mean when I say judicial power is passive?

Cases must come to them

Why do we need judges in the first place?

Interpret law, laws and const can be broad.

What branch did the framers intend to be the weakest?

Judicial

What cases does the Court of Appeals hear?

Appellate

Where are most federal court cases heard?

District

What is the role of the Senate Judiciary Committee?

Screen pres nominees

Who appoints the Attorney General, Solicitor General, US Attorneys, and Federal Judges?

President

For which positions does Senatorial courtesy come into play?

Justices and attorneys

 What is the role of the Attorney General?

Provide legal advice for the executive branch

How long is the term for a federal judge?

Life

What are the requirements to be a federal judge?

Pres nomination, senate confirmation

What is the most important role of Solicitor General?

Represent US legally before SCOTUS

Tell me about two memorable Senate Judiciary investigations.

1. Bork

2. Thomas

What are the voting requirements for the Senate to confirm a Federal judge?

Majority

What is the “black seat?”

Thurgood Marshall —> Clarence Thomas

What political party tends to appoint more minorities to the court?

Democrats

Predicting future behavior of judges can be difficult. Explain.

People may change their perspectives

Why is the appointment of federal judges such a big deal for a president? Why does it give them lasting power?

Justices have life terms

What are presidents learning about nominees and their paper trail?

They want to pick justices that don’t have an extensive paper trail → less dirt to dig up.

What key power does Congress have over the judiciary? When did they use this power?

Change the amount of justices

Most cases don’t even go to trial. Explain.

Plea Bargaining → guilty plea for less sent → free up the courts.

What is the rule of 4?

Four justices have to agree on the Supreme Court

Sometimes the SC doesn’t need to hear oral arguments in a case. A case decided without this information is called a ...

Pur Curiam

What is the minimum number of SC justices needed to hear a case? (Also, what is that word called?)

1. 6

2. Quaram

How many Supreme Court Justices are there?

9

You can go straight to the SC if your case involves what?

Conflicts with states / Ambassadors

How is a Chief Justice appointed (2 ways)?

1. President appoints them straight to the vacancy

2. President promotes someone else on the court

Who sets the number of justices?

Congress

What is judicial review? What court case “gave” the SC that power?

Power to interpret the constitution → Marbury v. Madison

What percentage of appeals are actually heard by the SC?

1-2%

When a party requests a SC decision, they file a ....

Writ of certiorari

 Describe the difference between majority, unanimous, dissenting, and concurring.

Unanimous: Everyone agrees

Majority: Winning side

Dissent: losing side

Concurring: winning side but for a different reason

What is the purpose of writing a majority and minority opinion?

Communicate reasoning to public, est. precedent

What is the only powerful response that lawmakers can make to combat a SC decision?

Create a law

Propose Amend

What is the current philosophical makeup of the SC?

6-3 Conservative

What are some examples of activist SC decisions?

US v. Lopez, TX v. Johnson

How would a judge who believed in originalism respond to the issue of abortion?

Can’t rule on it, up to elected positions

What court was perhaps the most activist? And second most?

1. Warren

2. Burger

Explain judicial activism

Court should solve the problems of society

Explain judicial restraint

Elected positions should solve the problems of the society

Give me two other phrases for judicial restraint.

Originalist, strict constructionist

How can Congress (specifically the Senate) restrain or check judicial power?

1. Confirmation

2. Impeachment

3. Removal

4. Add/remove justices

5. Add/remove lower courts

The Judicial Branch is supposed to be insulated from public opinion. Is that the case? Explain.

Kinda, federal judges have lifetime appointments to avoid political pressure

What case dealt with right to remain silent? What was the outcome?

Miranda v. Arizona → must be read rights

What case dealt with affirmative action? What was the outcome?

UC v. Bakke → race can be a factor in affirmative action

What case dealt with school prayer? What was the outcome?

Engel v. Vitale → no school prayer

What is habeas corpus?

Right to go to trial before a judge

Know your amendments to the Constitution.

4ht Amendment: protects individuals from unreasonable searches and seizures, requiring warrants supported by probable cause and describing the place to be searched and the items to be seized

What allows the for flag burning to be legal? Be specific.

TX v. Johnson

Who did the Bill of Rights originally apply to?

Fed gov’t only

How was Brown v Board decided? What was the opinion?

School segregation is illegal, violates the 14th amendment