Judiciary Branch Quiz (P2)

According to the Constitution, who is given the judicial power of the U.S.?

supreme court

Who is given the power to create lower (inferior) courts?

congress

What is the term of office for justices of the Supreme Court? Why?

serve until their death, retirement, or conviction by congress. good behavior

to ensure an independent judiciary and to protect judges from partisan pressure

Give TWO examples of situations where the Supreme Court is given original jurisdiction, or the right to hear a case for the first time.

cases where the states are the party (important so that the case is not biased)

cases involving ambassadors and other public ministers

In all other types of cases what type of jurisdiction is given to the Supreme Court?

appellate jurisdiction

Trials for all crimes (except impeachment) will have a ________________________.

jury

According to the Constitution, where will the trial for a particular crime be held?

in the state where the crime has been committed

1. Why does Hamilton argue that the judicial branch must be separate from the legislative and executive branches?

Executive helps control people, legislative provides duty for citizens, judiciary holds judgment and can easily be overpowered if they were all in the same branch.

2. What is Hamilton's rationale for concluding that judges should hold their offices for life so long as they maintain "good behavior"?

This is so that the justices can make their own decisions without the stress that an official will fire them if they do not like the decision made

3. What does Hamilton mean when he states: "The judiciary on the contrary has no influence over either the sword or the purse... It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments..."?

Hamilton is ensuring separation of powers. He is stating that with these separation of powers, the judiciary is checking all the other branches and that the judiciary does not have the same responsibility as the other branches.

1. Why did the Framers find it necessary to create a national judiciary?

When there was no national judiciary, most of the decisions were made by the states or not at all. Many of the decisions made or not made or were biased to a certain state. Therefore, Hamilton stressed the importance of the national judiciary system.

Constitutional Courts:

the courts created under article 3, in order to exercise the judicial power of the U.S.

Courts included in the constitutional courts are the court of appeals, district courts, and the U.S. Court of International Trade.

AKA: regular courts

Special Courts:

They have been created in cases out of the expressed power

Hear a narrower spectrum of cases

AKA: legislative courts

U.S. Court of Appeals for Veterans Claims, the U.S. Court of Federal Claims, the U.S. Tax Court, the many territorial courts and the courts of D.C.

3. Describe the two kinds of cases over which federal courts have jurisdiction.

Subject Matter:

Parties:

subject matter

cases that involve a "federal question".

Questioning the interpretation of a provision and the application of a provision in the Constitution, federal statute, federal duty, admiralty, or maritime law

Admiralty law: relating to matters that arise on high seas or navigating waters (collisions at sea, or crime committed onboard)

parties

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

Ambassador, consul, or other official reps of foreign gov

One of the 50 states suing another state, or foreign gov or one of its subjects

A citizen of one state suing one of another

An american citizen suing foreign gov or one of its subjects

Four types of jurisdiction

exclusive, concurrent, original, appellate

Exclusive Jurisdiction:

A case in which it can only be tried in federal courts. Meaning the federal court has exclusive jurisdiction

Concurrent Jurisdiction:

A case that can be tried in both state and federal. Meaning they can share the power to hear these cases

Original Jurisdiction:

A court that hears a case first has "original jurisdiction" over said case

Appellate Jurisdiction:

When a court hears a case on appeal from a lower court

5. What factors impact the judicial selection process?

The senate must approve the president's appointees

There is biased toward the wishes of a senator from a state in which a federal judge is to serve

This unwritten rule: the president tends to select someone the senators from the state recommend

The president's closest legal and political advisors, specifically the Attorney General, take the lead in selecting fed judges

Several interests groups have an influence

6. Compare and contrast judicial restraint and judicial activism. How would these philosophies affect the ways in which judges decide cases? Which judicial philosophy do you prefer and why?

Judicial restraint: believes that judges should decide cases on the basis of one original intent of the framers or those who enacted the statute

Overall saying that the decisions made should be based on set standards by the executive and legislative branch have set

Judicial activism: broader view of judicial power. Provisions should be made based on the constant changing values of the times

Overall saying that the decisions made should be made based on the cultural relevance of the time

I believe that a little bit of both are important. This is because certain technical laws are outdated with certain modern values, however we should still have some sort of structure from the law

8. What was the purpose of the Framers giving life tenure to federal judges?

This is so that justices are not pressured to make a decision in favor of an official that can take away their job; for the justices to be unbiased.

9. What checks are put in place between the judicial, legislative, and executive branches in terms of judicial appointments and the role of the judicial branch? You must consider what you have learned in prior units to respond to this.

The judicial appointees are appointed by the president and must be approved by congress

The role of the judicial branch is to overall check the work of the other two branches and make sure they follow the law as they tackle their own responsibilities

10. What is judicial review? Is this power explicitly stated in the Constitution?

They have the power to decide the constitutionality of an act of government, despite which branch it is

This power is not explicitly stated in the constitution

11. What was the significance of Marbury v. Madison (1803)?

gave the supreme court the power of judicial review

12. What jurisdiction does the Supreme Court have? What two types of cases can the Supreme Court hear?

The supreme court has appellate jurisdiction.

Original and appellate

13. Describe how cases reach the Supreme Court.

More than 8000 cases are appealed to the supreme court, yet only a few hundred are accepted for decision

Most petitions for a review are denied because, most of the time, the supreme court justices agree with the lower court decisions or that the decision has no point in the law

At least 4 of the 9 justices should agree to putting the case in the court's docket

A few cases reach the court due to: certificate

Certificate: when the lower court does not know how to proceed in regards to the law in that certain case. The lower court asks the supreme court to certify the answer to a specific question in that case

Most cases that reach the supreme court come from high state levels and the federal court of appeals

14. Define what oral arguments, briefs, and the court "being in conference" are with regards to how the Supreme Court operates.

Oral Arguments:

Once the court accepts a case, they set a date for the matter to be heard. They often meet for a two-week period in which they listen to oral arguments. They then recess for two more weeks to consider the matter and other court matters

They meet at 10 am through Monday-Wednesdays and at times Thursdays

The lawyers make oral arguments for about 30 minutes

The judges usually listen to the arguments and interrupt with pointed questions

After 25 a white light flashes at the lectern where the attorney addresses the court

5 minutes later a red light flashes signifying that they are out of time

Briefs:

Each party files mini briefs: written detailed statements

Statements lay out the party's legal position and the bulk of it includes relevant facts and the citation of precedents

Briefs can run for hundreds of pages

Court may also receive amicus curiae: not parties of the case but care about the outcome

Can only be filed with the court's permission or request

Court "in conference:"

On most Fridays through a term, the justices meet in conference

They are in closest secrecy

Discuss the cases in which they have heard the oral arguments and decide which new cases they will accept

Only chief justice and eight other justices are allowed to attend the conference

They discuss the facts, questions that arose, and their opinion on how the court should dispose of the case

15. Differentiate between the types of court opinions the Supreme Court can release.

Majority Opinion:

Judicial opinion that is made based on more than half of the judges

Concurring Opinion:

Agrees with the majority opinion and is part of the majority opinion but offers different reasons as to why that decision was made

Dissenting Opinion:

May be written in opposition to the majority opinion

16. Why does the president need to care about the composition of the Supreme Court?

The president needs to care because they appoint the justices, so they should believe that their appointee can work in the supreme court

Criminal vs. Civil Law

Criminal law: When someone breaks state or fed law (for example: new york state v the person)

Civil law: lawsuit between two private parties, government may not be involved

the judiciary act of 1789

Vast majority of federal cases at US district courts: original jurisdiction

Circuit court of appeals, if the loser of a case in the lower court they can file for an appeal if they believe they were wronged : appellate jurisdiction/ they only review cases that were decided at the lower level

People can then appeal the decisions of both lower courts to the supreme court

Judicial Review

When have the power to review the constitutionality of laws made

Can overturn executive order if it violates the constitution

members of the supreme court

9 justices

Associate justice and chief justice

Chief justice: first among equals; has perks (sits in the middle of panel, speak first, who will write different opinions, presides over inauguration of president or if president is on trial)but does not have anymore power as the associates, their opinion is not weighed more

Precedent: decisions made by fed court have reamifications their decisions and rationale behind it can inform/help decide future cases.

The Confirmation Process and Appointments to the U.S. Supreme Court

Supreme court justice process:

Investigation of background check and research

Once nomination is given to senate: congress does their investigation

Senate judiciary committee: sit before and they give u questions

Interest groups: convince or block senates for voting for a certain nominee

How Many Cases does the Supreme Court Handle?

About 70-80,000 cases a year

Decide what cases they hear themselves

If a case has made its way through the judiciary process and the party has to file a petition to the court

Writ of Certiorari: petition name

Rule of four: as long as 4/9 justices are in favor the court will hear the case

Some kind of fed question (law or action) or interpretation of the constitution (whether or not it is constitutional)

If the fed is the one filing for Certiorari/ civil rights or liberties/ issue at the forefront of society (ie. abortion rights) all have a good chance of getting heard by the supreme court

Hearing and Deciding the Case

Oral Arguments

The Conference and the Vote

Writing Opinions, inc. dissenting/concurring opinions if necessary

There is no photography/video in the supreme court (why this is a drawing and not a picture)

Review evidence and legal briefs

Each side has 30 mins for oral arguments

After in private justices meet in conference and discuss about the case

Conduct a vote 5/9 is majority

Once rendered decision they write their opinions

Factors in the Decision Process

(beyond the facts of the case)

Judicial restraint: justices with this philosophy are only going to overturn laws for being unconstitutional if there is a very obvious violation. Not the judiciary's role to set policy or have an impact on society in that regard

Judicial activism: justices with this philosophy view the constitution as a document that evolves looks at how it applies to today's standards or society's standards

Judicial ideology/philosophy does not correlate with political ideology

civil liberties

personal rights and freedoms that the federal government cannot abridge

they place limitations on the power of the government to restrain or dictate how people act/behave

Explicitly identified in the Bill of Rights and the Constitution

more on an individual level

individual rights and freedoms people have when living in the U.S.

types of rights that the framers of the constitution wanted to be protected so they are not infringed upon by the government

the rights that we see in the BOR

Civil Liberties generally refers to the protection of the individual's rights to form and express his/her opinions and act freely on them in the private sphere without interference from the government

civil rights

Positive acts governments take to protect individuals against arbitrary or discriminatory treatment by government or individuals

14th Amendment

Voting rights

Desegregation

Affirmative Action

Disabilities

larger scale/social group scale

actions the government can take through constitutional amendments/federal laws to keep the people from being discriminated against

Civil Rights generally refers to positive acts protecting an individual's rights to participate freely and equally in public affairs

14th Amendment

first part saying that if you are born or immigrate and go through the naturalization process you are a citizen and must be protected

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States (Privileges and Immunities Clause)

a citizen's rights in one state must also be protected in another state. privileges and immunities clause: if you as a resident of a state you have certain rights in that state and you are protected by those rights even while you travel through other states

nor shall any State deprive any person of life, liberty, or property, without due process of law; (Due Process Clause)

along with the Fifth Amendment, establishes that no person will be deprived of live, liberty, or property without due process of law. due process clause: the states cannot deprive anybody of life, liberty, or property without fur provided of law in addition to the federal level due process

nor deny to any person within its jurisdiction the equal protection of the laws. (Equal Protection Clause)

no person shall be denied equal protection under the law. equal protection clause: federal and state gov cannot discriminate against and all the protections established by the constitution, fed law, and state law applies to everyone

bill of rights

I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

These amendments restrict the government's power, in the sense that they cannot make any law or amendment that limits one or any of the rights protected by the bill of rights such as freedom of speech, press, assembly, right to petition, or religion. Government cannot establish a religion for everyone; people have the freedom and protection to believe what they want to believe or practice their religion. forms of speech that are not protected: anything that would cause harm to the public (yelling fire in a crowded auditorium), libel spreading lies through verbal words, slander spreading lies through writing

II. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

Despite the fact that there is a well regulated Militia, the people have the right to have guns or be armed. The Militia also cannot infringe on the people's right to have guns.

III. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Soldiers cannot come into/inspect people's houses without the owner's consent. This applies whether they are at war or a time of peace, they cannot do it without consent and must be done in a way that abides by the law.

IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The people have the right to privacy. They cannot have government officials search their house and belongings without a warrant by the government in which it should include the particular location and the person or things being seized.

V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

People have the right to remain silent: meaning people are not required to reveal/admit to incriminating actions taken by oneself. a person cant be put on trial twice for the same crime

VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

All people being prosecuted have the right to a fair trial meaning the trial should be well planned time wise(quick trial), and should have an unbiased jury. These trials must also be held in the state the crime was committed.

VII. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Overall saying that civil cases have the right to go to court and have a jury. It also says that the amount of the lawsuit must be greater than $20.

VII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Saying that criminals are protected against cruel or unusual punishment and that their bail or fines should not be too expensive to the point where they cannot afford the basic necessities to survive.

IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Any rights that are not included in the constitution should be assumed as the people's rights rather than the government's. Just because certain rights and liberties are specifically mentioned in the constitution that does not mean that there are no other rights not mentioned in the constitution.

X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The federal government only has powers that are stated in the constitution any other rights not listed are given to the states or people. If you have any power that is not specifically given to the national gov and any power that is not specifically given to everybody we assume it is given to the states