The Judicial Branch
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Review the 3rd article of the US Constitution for AP US Gov Pol
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53 Terms
What requirements does the Constitution set for federal judges?
None; though, nominees are usually federal attorneys or state judges.
Why do federal judges have lifetime appointments?
To ensure independence and protect fair, unbiased decision-making.
What guarantees the right to a fair trial?
A required legal process and public oversight of all branches.
What did the Judiciary Act of 1789 create?
The federal court system.
How many district courts are there and what do they handle?
94; they hear federal law violations and have the smallest jurisdictions.
What are circuit courts also called?
Appellate courts.
What do appellate courts focus on?
The law, the process, and the Constitution, not guilt or innocence.
What kinds of cases does SCOTUS focus on?
Constitutional matters.
How many justices are on the Supreme Court?
Nine: one Chief Justice and eight associates.
What does a Supreme Court ruling become?
Law, backed by the force of law.
What is a writ of mandamus?
An order forcing government officials to follow a court ruling.
What is judicial review?
The power to determine if laws are constitutional.
What document implies judicial review?
Article III’s grant of “judicial power.”
What does Federalist #78 say about judicial power?
Courts act as a check on the legislative branch.
Why is Marbury v. Madison significant?
It officially established judicial review.
Who determines court jurisdiction?
Congress.
Where do cases usually begin?
District courts (original jurisdiction).
How many district courts are there?
94
How many circuit courts are there?
12 +1 for Washington DC, international, free waters.
What courts have appellate jurisdiction?
Circuit courts and SCOTUS.
What determines if an appeal is heard?
The case’s merit and legal importance.
What is the docket?
The list of cases a court will hear.
What is a writ of certiorari?
A document stating SCOTUS will hear a case.
What is the Rule of Four?
At least four justices must agree to hear a case.
When does the Supreme Court session begin?
The first Monday in October.
What is an amicus curiae brief?
A document from a “friend of the court” providing extra information or arguments.
Who is the solicitor general?
The government’s representative in court cases.
What is a majority opinion?
The ruling of at least five justices, explaining the decision.
What is a concurring opinion?
Agrees with the majority but for different reasons.
What is a dissenting opinion?
Written when justices disagree with the ruling.
What is precedent?
Earlier court decisions.
What is stare decisis?
Deferring to previous rulings.
What is strict constructivism?
Interpreting the Constitution by its original meaning.
What is loose constructivism?
Interpreting the Constitution based on modern needs.
What is the “living Constitution” view?
The Constitution should adapt to society’s current needs.
What is judicial restraint?
Following established precedents.
What is judicial activism?
Departing from precedents and reinterpreting the law.
Who nominates federal judges?
The President.
What role does the ABA (American Bar Association) play?
It rates nominees (influential but unofficial).
What are Senate hearings like today?
Increasingly confrontational.
What happens after a Senate votes to confirm a nominee?
The nominee is sworn in and seated.
Who was the first Chief Justice?
John Jay.
What did Chisholm v. Georgia establish?
Federal authority over state disputes
Which justice ruled Marbury v. Madison?
John Marshall.
Who was Chief Justice during Dred Scott?
Roger Taney.
Which Chief Justice led major civil rights rulings?
Earl Warren.
Who was the first Black justice?
Thurgood Marshall.
Who was the first female justice?
Sandra Day O’Connor.
Who is the current Chief Justice?
John Roberts.
What is “borking”?
Destroying a nominee’s reputation to block confirmation.
What is court packing?
Expanding the Court to influence decisions.
What is judicial legitimacy?
Public trust that gives the Court its authority.
Who ignored SCOTUS in Worcester v. Georgia?
Andrew Jackson.