Judicial Branch

What is the judiciary?

The judicial branch of the government, which includes the court system and the judges.

What is the judiciary branch responsible for?

Reviewing Law

What is the dual court system?

System of state and federal courts

How long are federal judgeship and supreme court justices appoint for?

For life

What kind of rights do federal judges get from serving for life?

Make unpopular decisions while interpreting the law

What do federal judges not have to worry about?

The burden of reelection

What happens once a nomination is made?

The Senate Judiciary Committee conducts a hearing

What are all committee members given the opportunity to do?

Ask the nominee questions

The Senate Judiciary committee can vote

True

Majority vote moves the process to the Senate floor

When most committee members vote in favor of a candidate, the nomination is approved by the committee and sent to the full Senate, where all senators debate and vote on it.

Senate majority leader schedules a full vote

The Senate majority leader sets the time for the full Senate to debate and vote on a nomination or bill, allowing senators to discuss the issue before the final vote takes place.

When is a nominee confirmed?

He or she received a majority of the votes by the senators.

When does lifetime appointment begin for the nominee?

After the President signs the nominee’s commission

How long does nominee to judge process take?

Weeks or months from beginning to end

How can federal judges be removed?

Through impeachment

Where are most federal judges drawn from?

The ranks of leading attorneys, legal scholars, law school professors, and State court judges.

Who does the President look for when choosing the nominees

Candidates from his or her own political party who share similar views on economic, social, and legal issues.

What concepts play a role in the decision-making process?

Judaical activism and judicial restraint

What is the highest federal court in the U.S?

Supreme court

What article established the supreme court?

Article 3

What is the Supreme Court known as?

The court of last resort

Can a decision issued by the Supreme Court be appealed?

Yes

Original jurisdiction of the Supreme Court?

The Supreme Court hears the case first when it’s a state vs. state case or a case with an ambassador/public official.

Appellate jurisdiction?

The Supreme Court reviews cases after lower courts when the case involves a constitutional issue or federal law.

How many justices are on the Supreme Court?

Nine

How many associate judges are on the Supreme Court?

8

How many chief judges are on the Supreme Court?

1

Limited jurisdiction?

Federal courts can only hear certain kinds of cases, mainly those involving federal laws, the U.S. Constitution, or disputes between states or different states’ citizens.

What is the ‘rule of 4’?

At least four of the nine justices must agree to hear a case in order for that case to be placed on the court’s calendar.

Petition for certiorari?

They chose to review the case

What is the court’s opinion known as?

Majority opinion

What does the majority opinion do?

Announces the court’s decision and explains the reasoning behind it.

Who assigns the writing of the court’s opinion if they are in the majority?

The Chief Justice

What are precedents?

Past examples that guide decisions in similar cases.

What do majority opinions serve as?

Precedents for future cases.

What are the duties of Supreme Court Justices?

Decide which cases to hear, listen to oral arguments, explain the decision (the Court’s opinion), and set precedents for future cases.

What are the three levels of federal courts?

A: 1. District Courts (94)
2. Circuit Courts (13 courts of appeal)
3. The Supreme Court (1)

What are state courts courts of?

General jurisdiction

What types of cases do state courts hear?

Cases not specifically selected for federal courts—robberies, traffic violations, family disputes, broken contracts, etc.

What laws do state courts interpret?

State laws

Where are cases tried that involve state laws?

Within the state court system

Who is the plaintiff?

The person who files the suit.

Who is the defendant?

The person the complaint is filed against.

What are criminal cases?

Cases where a defendant is charged with committing a crime.

What determines whether a crime is federal or state?

Laws declared by Congress or a state.

What do civil cases involve?

Non-criminal matters such as contracts, property disputes, divorce, or child custody.

What is judicial review?

The Supreme Court’s power to determine the constitutionality of a legislative act.

Which case established judicial review?

Marbury v. Madison (1803)

What was the impact of Marbury v. Madison?

It established the Supreme Court’s authority to declare acts of Congress unconstitutional and set the judicial branch’s role in upholding the Constitution as the supreme law of the land