Judicial Branch Quiz

•US Supreme Court

•Top of the Federal Court Structure & only one mentioned specifically in Constitution

•US Circuit Court of Appeals

•Middle tier that hears appeals from lower courts

•US District Courts

•Almost all Federal Court cases originate here

Original Jurisdiction

court's authority to hear a case for the very first time, rather than on appeal, meaning they conduct the initial trial, hear evidence, and make the first ruling.

•: over cases affecting ambassadors & public ministers & cases when a state is a party. 

are appellate jurisdiction

to review decisions from lower courts (trial courts) to correct legal errors, not retry facts

parts of articcle III

treason

right to jury

or juri and appl juri

term

what est judicial review?

Marbury v Madison

US District Courts

•Conduct Federal Trials (Both civil & criminal)

•US Attorneys carry out DoJ prosecutions of Fed. Crimes

circut courts

•Established in 1891 to help SCOTUS with appeals

•Hear appeals to cases from lower courts

•No new decisions about cases but  review to ensure lower courts & gov’t didn’t:

•err

•not follow precedent

Violated the Const

Court rulings set

•set precedent (AKA stare decisis: let the decision stand)

Persuasive Precedent

can use precedent from other district courts to shape decisions of judges

lib scotus justices

Kagan, Sotomayor, Jackson

Conservative

Thomas, Neil Gorsuch, Alito, Barrett, Kavanaugh, Roberts (Chief Justice)

Judicial Activism vs Judicial Restraint

•Judicial Activism: Judges strike down laws or reverses public policy

•Can be Conservative or Liberal

•Judicial Restraint: Avoiding doing this bc the other branches and levels of gov’t were elected so respect their decisions

Legislating after Unfavorable Decisions

•Amend the Constitution: Can’t be Unconstitutional if it’s in the Constitution

•Implementation

•Other branches and States can drag their feet

president interaction w branch

•President Appoints Judges

•Senate advises & consents

•Sen. Judiciary Committee

•Senatorial Courtesy

•After hearings confirmation vote before full Senate

•Interest Groups will also influence discussion of Appointees

•American Bar Association rates based on qualifications

Getting “Borked

"Getting borked" means being unfairly attacked and defeated in a political process,

Petition of Certiorar

appeal to get scotus to hear u

rule of 4

is an unwritten tradition where at least four of the nine justices must agree to grant a writ of certiorari (cert) to hear a case on its merits, allowing a minority to control the Court's agenda