The Judicial Branch: Structure, Powers, and Civil Liberties

What does Article III of the Constitution create?

One Supreme Court

Who creates other federal courts?

Congress

What did the Judiciary Act of 1789 establish?

A three-tiered federal court system: district courts, appeals courts, and the Supreme Court.

What is required to become a federal judge?

Nominated by the President and confirmed by the Senate.

What is 'standing' in legal terms?

The requirement that a person must be harmed in some direct way by an action to challenge it in court.

What is the role of judges in an appeals court?

To determine if the law and constitution were followed, not to judge guilt or innocence.

How many judges typically hear a case in an appeals court?

Usually 3 judges.

What is the 'Rule of 4'?

The requirement that 4 justices must agree to hear a case in the Supreme Court.

What is a writ of certiorari?

An order for a lower court to send up all documents about a case for review.

What does 'stare decisis' mean?

Let the decision stand; it refers to the practice of following precedents.

What is judicial review?

The power of the Supreme Court to determine if a law or government action follows the Constitution.

What landmark case established the principle of judicial review?

Marbury v. Madison.

What is the role of the Solicitor General in the Supreme Court?

To represent the U.S. government in cases before the Supreme Court.

What are Amicus Curiae briefs?

Arguments submitted by outside groups to influence the court's decision.

What are civil liberties?

Personal guarantees and freedoms that the government cannot abridge by law or judicial interpretation.

What is the Bill of Rights?

The first 10 amendments to the Constitution that protect individual liberties.

What is selective incorporation?

The process of applying the Bill of Rights to the states through the 14th Amendment.

What does the 4th Amendment protect against?

Unreasonable searches and seizures without a warrant.

What is the Exclusionary Rule?

The principle that illegally obtained evidence cannot be used in court.

What rights does the 5th Amendment protect?

Protection against self-incrimination and guarantees due process.

What are the Miranda Rights?

Rights read to individuals upon arrest, including the right to remain silent and the right to counsel.

What does the 8th Amendment prohibit?

Cruel and unusual punishment.

What is judicial restraint?

The philosophy that courts should respect the powers of other branches and avoid overreach.

What is judicial activism?

The belief that the Constitution is a living document that should adapt to changing times.

What is a strict constructionist's view of the Constitution?

The belief that the Constitution's meaning does not change and should be interpreted based on the original intent of its writers.