Chapter 7 - The Judiciary Branch

What is Judicial Review?

The power of both federal and State courts to decide the constitutionality of any act of government.

Where is the Supreme Court established?

The Supreme Court is created in Article III of the Constitution.

Who makes up the Supreme Court?

The Supreme Court is made up of the Chief Justice of the U.S. and 8 Associate Justices.

What is the Supreme Court's jurisdiction regarding states?

The Supreme Court has original and exclusive jurisdiction over all controversies involving 2 or more states.

How many cases does the Supreme Court accept for decision each year?

The Supreme Court accepts about 100 cases for decision each year.

What is the Rule of 4?

At least 4 of the nine justices must agree that a case should be put on the Supreme Court’s docket.

What does a Writ of Certiorari do?

It is an order by the Court directing a lower court to send up the record in a given case for review.

What is the purpose of a Brief in a Supreme Court case?

A written statement that spells out the party’s legal position and cites relevant facts and legal precedents.

Who represents the U.S. in Supreme Court cases?

The Solicitor General represents the U.S. in all cases in which it is a party in the Supreme Court.

What is a Majority Opinion?

The opinion that sets out the facts in a case and details the reasons for the decision.

What is a Dissenting Opinion?

A written opinion that disagrees with the court’s majority decision and does not become precedent.

When do oral arguments occur in the Supreme Court?

Oral arguments are heard in 2-week cycles.

What happens when a Writ of Certiorari is denied?

The decision of the lower court stands.

What is a Concurring Opinion?

A written opinion that agrees with the decision the court has made but for different reasons.

What are the oral argument limits for attorneys in the Supreme Court?

Oral presentations are limited to 30 minutes.

How often does the Supreme Court meet in conference?

The justices meet in conference on Fridays to discuss cases in secrecy.

What was the primary lack in the United States during the Articles of Confederation (1781-1789)?

There weren't any national courts or a national judiciary.

Who wrote ‘The Federalist No. 22’ and what did it describe?

Written by Alexander Hamilton, it described the want of a judiciary power.

What does Article III, Section I of the Constitution establish?

It vests the judicial power of the United States in one Supreme Court and inferior Courts as Congress may establish.

What are inferior courts according to the Constitution?

Inferior courts are created by Congress and can include special courts such as military courts.

What are the two types of federal courts created by Congress?

The Constitutional Courts and Special Courts.

What is the key function of Constitutional Courts?

They are formed under Article III to exercise judicial power and include courts like district courts and courts of appeals.

What is the jurisdiction of federal courts?

Jurisdiction is the authority of a court to hear and try a case.

What is the definition of 'Subject Matter' in federal courts?

It involves a 'federal question', such as matters related to federal law or maritime law.

In what circumstances do federal courts have jurisdiction over parties?

If one party is the United States, an ambassador, or if there's diversity of citizenship between parties.

What is exclusive jurisdiction?

Exclusive jurisdiction means that most cases in federal courts fall within their jurisdiction and cannot be tried in state courts.

What is concurrent jurisdiction?

Concurrent jurisdiction means some cases may be tried in either a federal or state court.

What are original and appellate jurisdictions?

Original jurisdiction is held by district courts while appellate jurisdiction is held by courts of appeals. The Supreme Court has both.

What role do federal judges play in court?

They preside over the courtroom, interpret the law, rule on facts in non-jury trials, and sentence those convicted.

How are federal judges selected?

They are nominated by the President and confirmed by the Senate, with significant influence from state senators.

What is judicial restraint?

The philosophy that judges should decide cases based on the original intent of the Framers and precedent.

What is judicial activism?

The belief that judicial provisions should adapt and change according to ongoing societal conditions and values.

What is the hierarchy of the U.S. court system?

The U.S. court system is hierarchical with trial courts at the bottom, appellate courts above them, and the Supreme Court at the top.

What is the role of trial courts in the U.S. court system?

Trial courts have original jurisdiction and are where most cases typically start.

What does jurisdiction refer to in a legal context?

Jurisdiction refers to the authority of a court to hear a case.

Who is the plaintiff in a lawsuit?

The plaintiff is the person or party who brings a case to court seeking legal remedy.

What are U.S. District Courts?

They are federal trial courts, numbering 94, handling cases that meet federal jurisdiction criteria.

Where do almost all criminal cases begin?

Almost all criminal cases begin in state courts.

What does 'procedurally wrong' mean in legal terms?

It means there was a mistake in the legal process during a trial, which can be grounds for an appeal.

What is the function of appellate courts?

Appellate courts review decisions from lower trial courts to ensure correct application of law.

What are the four scenarios for federal courts to have jurisdiction?

1. Cases involving federal laws; 2. Cases involving treaties; 3. Cases involving the U.S. Constitution; 4. Cases with parties from different states with more than $70,000 in dispute.

What is judicial review?

Judicial review is the Supreme Court's power to interpret the Constitution and review the constitutionality of laws or government actions.

What are the four cases where the Supreme Court has original jurisdiction?

1. Cases between the U.S. government and a state; 2. Cases between two or more states; 3. Cases involving foreign ministers or ambassadors; 4. Cases brought by citizens of one state against citizens of another state.

What conditions must be met for the Supreme Court to hear a case?

There must be significant federal questions, circuit splits, cases initiated by the federal government, or important constitutional issues.

How many judges usually preside over district courts?

District courts typically have a single judge presiding.

How are cases heard in federal appellate courts?

Federal appellate courts hear cases in panels of three judges.

How many justices are there on the Supreme Court?

The Supreme Court has nine justices.

Clarence Thomas

Republican

John G. Roberts, Jr.

Republian

Samuel A. Alito, Jr.

Republian

Sonia Satomayor

Democrat

Elena Kagan

Democrat

Neil Gorsuch

Republian

Brett M. Kavanaugh

Republian

Amy Coney Barret

Republian

Ketanji Brown Jackson

Democrat

Who is the supreme court cheif justice?

John G. Roberts, Jr.