Gov Judicial Branch

What is criminal law?

A body of law that pertains to crimes against society.

What is civil law?

A system of law concerned with disputes between private parties.

What is the only court mentioned in the Constitution?

Supreme Court.

Give an example of an injunction.

A restraining order.

What is common law?

Unwritten law based on precedents.

What does it mean to have original jurisdiction?

The court can hear the case for the first time.

What does it mean when I say judicial power is passive?

Cases must come to the courts.

Why do we need judges?

To interpret law, as laws and constitutions can be broad.

Which branch did the framers intend to be the weakest?

Judicial branch.

What kind of cases does the Court of Appeals hear?

Appellate cases.

Where are most federal court cases heard?

District courts.

What is the role of the Senate Judiciary Committee?

To screen presidential nominees.

Who appoints the Attorney General, Solicitor General, US Attorneys, and Federal Judges?

The President.

For which positions does Senatorial courtesy come into play?

Justices and attorneys.

What is the role of the Attorney General?

To provide legal advice for the executive branch.

What is the most important role of the Solicitor General?

To represent the US legally before the Supreme Court.

What are two memorable Senate Judiciary investigations?

Bork and Thomas.

What are the voting requirements for the Senate to confirm a Federal judge?

A majority vote.

What is the black seat on the Supreme Court?

The transition from Thurgood Marshall to Clarence Thomas.

Which political party tends to appoint more minorities to the court?

Democrats.

Why is predicting the future behavior of judges difficult?

People may change their perspectives.

What do presidents learn about nominees and their paper trail?

They prefer justices with less extensive paper trails to limit potential controversies.

What key power does Congress have over the judiciary?

To change the number of justices.

Why don't most cases even go to trial?

Due to plea bargaining where a guilty plea is exchanged for reduced sentencing.

What is a case decided without an oral argument called?

Per curiam.

What is the minimum number of Supreme Court justices needed to hear a case?

A quorum of 6.

You can go straight to the Supreme Court if your case involves what?

Conflicts with states or ambassadors.

How is a Chief Justice appointed?

The President appoints them directly to the vacancy; pres promotes someone else on the court

What is judicial review, and which court case established this power?

The power to interpret the Constitution, established by Marbury v. Madison.

When a party requests a Supreme Court decision, what do they file?

A writ of certiorari.

What is the purpose of writing a majority and minority opinion?

To communicate reasoning to the public and establish precedent.

What can lawmakers do as a powerful response to a Supreme Court decision?

Create a law or propose an amendment.

What is the current philosophical makeup of the Supreme Court?

6-3 Conservative.

What are some examples of activist Supreme Court decisions?

US v. Lopez and TX v. Johnson.

How would a judge who believed in originalism respond to the issue of abortion?

They cannot rule on it, it is up to elected officials; it is not in the Constitution.

Which court was the most activist? Which was the second most?

The Warren Court was the most activist, followed by the Burger Court.

Give me two other phrases for judicial restraint.

Originalist and strict constructionist.

How can Congress restrain or check judicial power?

Through confirmation, impeachment, or adding/removing justices and lower courts.

Is the Judicial Branch insulated from public opinion? Explain.

Somewhat, as there is not a direct connection with public opinion.

What case dealt with the right to remain silent, and what was its outcome?

Miranda v. Arizona; outcome was that individuals must be read their rights.

What case dealt with affirmative action, and what was its outcome?

UC v. Bakke; outcome was that race can be a factor in affirmative action.

What is affirmative action?

Policies aimed at increasing opportunities for historically disadvantaged groups.

What is habeas corpus?

The right to go to trial before a judge.

What does the 4th Amendment state?

A warrant is needed to search property or belongings.

What case allows flag burning to be legal?

Texas v. Johnson.

Who did the Bill of Rights originally apply to?

Only the federal government.

What was the decision of Brown v. Board?

School segregation is illegal.