Judicial Branch Test

inferior courts

any lower courts underneath the Supreme Court including constitutional and special courts

jurisdiction

the authority of a court to hear a case

plaintiff

person who files the lawsuit

defendant

the person against whom the complaint is made

judicial restraint

the belief that judges should decide cases on the original intent of the Constitution using precedent

precedent

a judicial decision that serves as a guide for settling late cases of similar nature

judicial activism

Constitution should be based on interpretation of an act government within a branch

judicial review

the power to decide the constitutionality of an act of government within a branch

certificate

the result of a process in which a lower court asks the Court to certify the answer to a specific question

Writ of Certiorari

an order by the court directing a lower court to send up the record in a given case

brief

written statement that spells out the party’s legal position, cites relevant facts, and legal precedent

criminal case

one where a defendant is tried for committing some action that Congress has declared by law to be a federal crime

civil case

involves some non-criminal matter, such as disputes over terms of a contract or bankruptcy case

docket

list of cases to be heard

record

the transcript of proceedings made in trial court

courts-martial

military courts that serve the special disciplinary needs of the armed forces and are not part of federal court system

Guantanamo Bay

detention camp to detain and interrogate the most dangerous individuals accused of war crimes

prosecutor

the lawyer for the plaintiff

plea bargain

take an agreement to avoid trial for lesser sentence

supreme court

the highest court in U.S. that sets precedent for lower courts

district court

federal trial courts; original jurisdiction unless SCOTUS takes it

circuit court of appeals

serve as “gatekeepers” for the supreme court; review the record; only have appellate jurisdiction

senatorial courtesy

the president talks with the senate on who they would want and normally selects someone who the senators of the state recommend

amicus curiae

a brief filled out by a group of people not in the case but had great interest in it

indictment

enough evidence to conduct a trial

jury

a body of people selected to hear evidence and decide the results of a court case

grand jury

meets in deliberate and secret; decides if there’s enough evidence for indictment

petit jury

trial jury, normally 12 people

bench trial

no jury, only a judge who decides the case

so they could make decisions based on the law without facing the prospect of removal for issuing an unpopular opinion

Why do federal judges serve for life?

Articles of Confederation - NO JUDICIAL BRANCH

Constitution - Article 3

How was the Judicial Branch set up in the Articles of Confederation? What article is it in the Constitution?

state and federal

What two types of courts do we have in our “dual court system”?

Constitutional - regular courts with broad cases

Special Courts - these hear much narrower ranges of cases, include Armed Forces, Veteran Claims, Federal Claims, US tax court, territorial courts, and DC Courts

What are our two types of federal courts? Define them.

Exclusive - these cases can only be heard by federal courts

Appellate - a case is heard from appeal by lower court, case has already been heard before

• Appellate Courts

• Supreme Court

Concurrent - these cases can be heard in either federal or state courts

Original - a case is heard for the first time here

• District Courts

• Supreme Court

What are the 4 types of jurisdiction that exist, and define each? What courts have what jurisdiction?

no requirements

What are the requirements to become a federal judge?

Sandra Day O’Connor

Thurgood Marshall

Ketanji Brown Jackson

Who was the first female Supreme Court Justice? First African American? First female, African American?

president nominates; confirmed appointments through Senate

Who nominates federal judges and who confirms those appointments through a hearing?

salaries = Congress

impeachment = Congress

size = Congress

Who sets a judge’s salary and retirement, can impeach a judge, and can change the size of SCOTUS?

9 members

1 chief

8 associates

Chief Justice John G. Roberts, Jr., and Associate Justices Clarence Thomas, Samuel A. Alito, Jr., Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson

How many justices are on the Supreme Court (chiefs & associates)? Who are they ALL currently?

SCOTUS

nicknamed “Court of Last Resort”

What is the Supreme Court’s famous nickname? What is their acronym?

350,000

4/9 judges have to agree to put on docket

How many cases does the Supreme Court roughly hear each year? How many judges have to vote yes to get a case on their docket?

last from the 1st Monday in October to the 1st Monday in October of the following year

How long are sessions in the Supreme Court?

Writ of Certorari

certificate

What are 2 ways a case can reach the Supreme Court?

several cases for two weeks and then recess for two weeks to consider those cases

30 minute arguments by lawyers/attorneys

What does “hearing” a court case actually look like in the Supreme Court?

majority - sets out the facts in a case, identifies the issues it presents and details the reasons that underpin the majority's decision

concurring - usually to make some point not emphasized in the majority opinion

dissenting - they do not become precedent but instead expressions of opposition to the majority view

How does the Supreme Court decide on a case? What are the 3 types of “opinions” that are written following the decision? Define each.

for each branch of military

serve the special disciplinary needs of the armed forces and are not part of the federal court system

How do military courts differ from regular courts?

Marbury v Madison

Which SCOTUS case established Judicial Review?

judicial review - the power to decide the constitutionality of an act of government within and branch

precedent - a judicial decision that serves as a guide for settling later cases of similar nature

jurisdiction - the authority of a court to hear a case

What were the “big three” terms of importance during this unit? What are the definitions for each?

Federal - appointed; serve for life

State - elected; 8-15 years

How is a federal judge different from a state judge in how they are selected and how long they serve?

J over E

• reviews and interprets laws

• declares order unconstitutional

J over L

• reviews and interprets laws

• declares acts unconstitutional

What are 2 checks and balances the Judicial Branch has on the Executive & Legislative each?