Government Unit 4 Test Review

How do the courts and democracy intersect?

o   The Bill of Rights includes many rights of the accused

o   The Framers believe it was essential to keep federal judges separate from the other branches of government to limit political coercion

True or False: The Articles of Confederation provided for a strong national court system.

False

Which Article of the Constitution establishes the national judiciary?

Article III (3)

Under the dual court system in the United States, what are the two levels?

o   Federal Courts

o   State Courts

What are the two types of federal courts?

o   Constitutional Courts

o   Special Courts

What are Constitutional Courts?

o   Courts established by Article III of the Constitution

o   Examples – Supreme Court, Appellate Courts, District Courts, U.S. Court of International Trade

What are Special Courts?

Courts created by Congress to hear cases that arise out of their expressed powers

What is jurisdiction?

Authority of a court to hear a case

What are the two things that establish jurisdiction?

o   Subject matter of the case

o   Parties that are involved

What are the six parties that can be involved for a case to have federal jurisdiction?

o   The U.S. or one of its officers or agencies

o   An ambassador, consul, or other official representing a foreign country

o   One of the 50 States suing another State, a resident of another State, or a foreign government

o   A citizen of one State suing a citizen of another State

o   An American citizen suing a foreign government or one of its subjects

o   A citizen of one State suing someone from the same State where both claim land under grants from different States

What are the three types of jurisdiction?

o   Exclusive jurisdiction

o   Concurrent jurisdiction

o   Original and Appellate jurisdiction

What is exclusive jurisdiction?

Cases that can ONLY be tried at the federal level

What is Concurrent jurisdiction?

Cases that can be tried at either the State or federal level

In cases that have concurrent jurisdiction, does the prosecutor or the defendant decide where the case is heard?

Prosecutor, but the defendant may have the case moved under certain circumstances

What is original jurisdiction?

The court where the case is FIRST heard

What is appellate jurisdiction?

Jurisdiction over any case that has been appealed

Can appellate courts re-try cases?

No, appellate courts are only responsible for determining whether a trial court has acted in accord with applicable law.

Who appoints federal judges?

President

Who confirms the federal judges?

Senate

What is Senatorial Courtesy?

The practice of the President giving weight to Senators from a State when appointing a judge for that State

Who has influence when choosing judges?

o   Attorney General

o   Political aides

o   Political parties

o   Interest Groups

Describe Judicial Restraint and Judicial Activism and explain the difference between the two.*

o   Judicial Restraint - The belief that judges should decide cases on the basis of 1. The original intent of the Framers or those who enacted the statutes involved and 2. Precedent – a judicial decision that serves as a guide for settling later cases of a similar nature

o   Judicial Activism - Argues that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions and values – especially in cases involving civil rights and social welfare issues

How long are terms for federal judges?

Life (there are no terms)

What is the composition of the Supreme Court?

9 Justices including 1 Chief Justice

Why was the Supreme Court established as the third branch of government?

The Framers purposefully placed the Supreme Court as an equal branch to Congress and the President because it acts as the final authority on any government action

What is judicial review?

The power of a court to determine the Constitutionality of any governmental action

Which Supreme Court case was the first chance for the Supreme Court to exercise its power of judicial review?

Marbury v. Madison

True or False: The Supreme Court holds both original and appellate jurisdiction

True

What are the two types of cases where the Supreme Court holds original jurisdiction?

o   Any cases between two states

o   Any cases involving ambassadors or other public ministers, just not consuls

What are the two ways the Supreme Court gets appellate jurisdiction over a case? (BE ABLE TO COMPARE)

o   Writs of Certiorari - An order by the Supreme Court directing the lower court to send up the record in a given case for its review

o   Certificates - If a lower court is not clear on a specific procedure or rule of law regarding a given case, they can ask the Supreme Court to certify that answer

What is the most common way the Supreme Court receives cases?

Writs of Certiorari

Who is the Chief Justice of the Supreme Court?

John Roberts

Describe the process for Supreme Court cases*

The Supreme Court accepts a case and schedules the argument -> Both sides file written briefs and make 30-minute oral arguments before the Court -> The Supreme Court Justices meet in conference to present the facts and decide on the case -> The decision is announced with written opinions by the Justices

Who is the Solicitor General?

o   The nation’s top trial lawyer

o   Represents the United States in all cases brought before the Supreme Court

o   Makes the decisions on what cases the United States should ask the Supreme Court to review and what position the United States will take on those cases

What are the three opinions that the Supreme Court writes?

o   Majority Opinion – “Opinion of the court” lays out the facts of the case for why the Court made its decision

o   Concurring Opinion – Written in favor of the majority opinion, usually provides different facts

o   Dissenting Opinion – Written in disagreement of the majority opinion

Who established the inferior courts?

Congress

How many federal district courts are there?

94

Most cases at the district level are heard by one judge…which cases can be heard by three-judge panels?

o   Congressional districting cases

o   State legislative appointment questions

o   Cases involving the Civil Rights Act of 1964, or the Voting Rights Acts of 1965, 1970, 1975, and 1982

o   Certain antitrust actions

What are the two district courts that are focused on combating terrorism?

o   Foreign Intelligence Surveillance Court (FISA)

o   Alien Terrorist Removal Court

Who appoints judges to terms on the courts that focus on terrorism?

The Chief Justice

The district courts have original district on what percent of cases at the federal level?

80%

What types of cases are tried at the district level?

Both criminal and civil cases

True or False: Most of the time decisions made at the district level are NOT appealed by the defendant

True

How many federal appellate courts are in the United States?

13

How many judges hear appellate cases?

3 judge panels

True or False: The US appellate courts are allowed to re-try cases

False - they can only review the record

Which court serves as the trial court for all trade and customs related laws?

U.S. Court of International Trade

What purpose do military courts mainly serve?

Disciplinary purposes

What are the two appeals courts in the United States for the military?

o   The Court of Appeals for the Armed Forces

o   The Court of Appeals for Veterans Claims