Judicial Branch
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Last updated 3:09 PM on 3/3/23
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27 Terms
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Who wrote Federalist 78?
Hamilton
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What two things did 78 say?
the independence of judges is essential to a democracy, the courts are the least dangerous of the three branches.
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What was created from Marbury v Madison ?
The power of judicial review
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What is Judicial Review?
The right of federal courts to rule on the constitutionality laws and executive orders.
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What is Judicial restraint?
judges are bound by wording of constitution. (Narrowly interpret)
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What is Judicial activism?
Judges should look to the underlying principles of the constitution. (Broadly interpret)
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Define precedent.
When judges rule on cases by using the decisions of previous judges.
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What is the dual court system?
State courts and federal courts have their own jurisdiction.
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What three things involve a federal question
US constitution, federal law, and treaties.
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List 4 common state crimes
Murder, assault, battery, and larceny.
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How can a state case make it to the Supreme Court?
A federal question must be raised.
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Who nominates federal judges?
the president
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Who confirms the federal judges?
the senate
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What has the greatest impact on court decisions?
Ideology
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What causes the president to nominate a moderate judge?
When the senate is controlled by the opposite party.
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What is a district court?
94. One in each state, trail courts of the federal system. A single judge and jury present.
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What is a circuit court?
12\. Appellate court. Located regionally and a panel of 3 judges.
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What does the term remanded mean?
The circuit court decision stands.
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What is the court of last resort for most cases
Circuit court.
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Where do most federal cases begin?
District court.
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Define the rule of four
4 justices agree to hear a case, then it goes to the supreme court.
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How many cases does the Supreme Court take in a calendar year?
no more than 100
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Define amicus curiae brief.
Briefs submitted by each side and friends of the court.
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What is majority opinion?
official decision
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What is concurring opinion?
to agree, but with different reason
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What is dissenting opinion?
minority opinion
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The checks Congress has on the judicial branch:
Confirmation and impeachment
Change the number of judges.
Changing jurisdiction of courts
Revising legislation
Amending the Constitution
Change the number of judges.
Changing jurisdiction of courts
Revising legislation
Amending the Constitution
