Government Chapter 7

Identify steps two and three that are missing from the diagram.

2. The citizen is indicted by a grand jury. 3. The citizen is tried by a petit jury.

Which of the following is an example of the information that is missing from the chart?

A group of fishermen is seeking monetary compensation from the U.S. government.

Use the information and examples in the chart to help answer the question. Which of these cases would be tried in a federal court?

A trio of men rob a bank in Vermont but aren't arrested until after having fled to Maine.

This excerpt from the text is incomplete. "Each party files detailed written statements—briefs—with the Court before they present their oral arguments. These detailed statements spell out the party's legal position and are built largely on relevant facts and _________" Which statement BEST describes the missing content about how Supreme Court briefs are created?

Briefs almost always refer to legal precedents, or the past decisions made by courts in similar cases.

Use the map key to identify District Court boundaries on the map. Each State and territory shown has at least one federal district court within its borders, but some have more. Which one of the following statements is correct?

California and Texas contain the most federal district courts.

Which of the following cannot appeal cases to the U.S. Court of Appeals?

Circuit Courts

Choose the answer that BEST completes the sentence about the diagram. The type of jurisdiction shared by both Federal and State, missing from the middle section of this diagram, is known as

Concurrent

Which U.S. federal court does this excerpt from the text describe? "Like the 94 district courts, it is a federal trial court, a court of first instance. It tries all civil (but not criminal) cases that arise out of the nation's customs . . . laws. Its judges sit in panels of three and often hold jury trials in such major ports as New Orleans, San Francisco, Boston, and New York."

Court of International Trade

What did Hamilton mean when he made the following statement? "Laws are a dead letter without courts to expound and define their true meaning and operation." —Alexander Hamilton

For laws to be effective, there must be courts to interpret them consistently.

Read this excerpt from the text and answer the question. "William Marbury had been appointed a Justice of the Peace for the District of Columbia. The Senate had promptly confirmed his appointment, and late on the night of March 3, 1801, President Adams signed the commissions of office for Marbury and a number of other new judges. The next day, Jefferson became President . . ." How did President Jefferson respond to the situation?

He ordered his Secretary of State not to deliver Marbury's commission, blocking Marbury from becoming a judge.

Which statement BEST describes the function of the federal court whose seal is shown in the image?

It hears a limited range of cases involving specific powers given to Congress.

This excerpt from the text is the basis for which of the following traditions about the terms of federal judges? "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. . . ." —U.S. Constitution, Article III, Section 1

Judges in the constitutional courts are appointed for life and serve until they resign, retire, or die.

This chart shows two positions on judicial restraint vs. judicial activism. What belief does the statement by John Roberts express?

Judicial activism means the courts are interfering with the legislative process.

Charles Evans Hughes said dissenting opinions were "an appeal to the brooding spirit of the law, to the intelligence of a future day." What did he mean?

Justices who dissent may think that future generations will see the issue differently.

Use the pie graph to answer the question. What conclusion could be drawn regarding cases appealed to the Supreme Court in the year 2012?

Many cases were appealed to the Supreme Court, but it could only deal with a few of them.

What is the difference between original jurisdiction and appellate jurisdiction?

Original jurisdiction refers to a court where a case is first heard; appellate jurisdiction refers to a case being heard after it was tried in a lower court.

Choose the answer that best completes the chart about how a case gets to the Supreme Court.

Sends the case back to the lower court for reconsideration.

What is a possible avenue through which some cases have reached the Supreme Court?

The Court issues a writ of certiorari instructing a lower court to send it a case to review.

What view does this cartoon best illustrate?

The Supreme Court believes that politics should not interfere with legal decisions.

"Congress created the United States Tax Court in 1969 as 'an independent judicial body' in the legislative branch." Based on this excerpt from the text, for what reason is the U.S. Tax Court not considered part of the federal court system?

The U.S. Tax Court handles only civil cases.

How are the courts listed in Column A different from those in Column B?

The courts in Column A are all constitutional courts, while the courts in Column B are all special courts.

What argument was the author of this statement, John Marshall, making about how the Federal Government should function? "It is emphatically the province and duty of the Judicial Department to say what the law is."—John Marshall, Marbury v. Madison, Opinion of the Court

The judicial branch of the Federal Government should have power to interpret laws.

How are federal judges selected?

The person is named to the bench by the President and confirmed by the Senate.

What solution did Alexander Hamilton propose to the problem he describes in this quote? "If there is in each State a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts. There are endless diversities in the opinions of men. We often see not only different courts but the judges of the same court differing from each other." —Alexander Hamilton, Federalist No. 22

There should be a national court system that is superior to the State courts and can provide a final ruling.

What solution did Alexander Hamilton propose to the problem he describes in this quote? "If there is in each State a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts. There are endless diversities in the opinions of men. We often see not only different courts but the judges of the same court differing from each other." —Alexander Hamilton, Federalist No. 22 Correct Answer

There should be a national court system that is superior to the State courts and can provide a final ruling.

Identify the case over which the U.S. Supreme Court would exercise original jurisdiction.

a State agency brings a lawsuit against an agency in another State

Use the chart to answer the question. Which of these cases would be heard in a federal constitutional court?

a case involving trade between the United States and Brazil

Use the chart as a guide to answer the question. All of the following would fall under federal jurisdiction except a case in which

a citizen of Texas appeals a ruling on a State law made by a State court in Dallas.

The Court of Appeals for the Armed Forces is

a civilian tribunal that reviews verdicts rendered by military courts-martial.

If the event shown in the photo took place just off the coast of New Jersey, what court's original jurisdiction would it fall under?

a federal special court

"The district courts try criminal cases ranging from bank robbery, kidnapping, and mail fraud to counterfeiting, terrorism, and tax evasion. They hear civil cases arising under bankruptcy, postal, tax, public lands, civil rights, and other laws of the United States." Based on this excerpt from the text, which of the following would not be tried in a district court?

a gang charged with robbing several stores at a shopping mall

"The government is shielded from suit by the doctrine of sovereign immunity. The doctrine comes from an ancient principle of English public law: 'The King can do no wrong.' The rule is not intended to protect public officials from charges of wrongdoing." As a result of the principle explained in this excerpt from the text, citizens of the United States

can only sue the government in limited cases already approved by Congress.

When a Supreme Court justice agrees with the decision reached by the Court in a case, but not with the reasons why the Court made that decision, he or she may choose to write a

concurring opinion.

A soldier in the U.S. Army does not return to his post following a leave and is charged with desertion. In which court would his case be heard?

court-martial

Read this excerpt from the text. "The trial of a person charged with a federal crime, or a suit involving the infringement of a patent or a copyright, or one involving any other matter arising out of an act of Congress is . . . within the . . . jurisdiction of the federal courts." In a patent case being heard for the first time, this is an example of

exclusive jurisdiction.

In the federal system, a district court has the power to

exercise original jurisdiction over a federal case.

"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as a fundamental law. . . . If there should happen to be an irreconcilable variance between the two . . . the Constitution ought to be preferred to the statute. . . ." —Alexander Hamilton, The Federalist No. 78 Hamilton's statement is fundamental to which concept?

judicial review

In the federal court system, the cases tried by the district courts

make up the majority of federal cases brought to trial.

"During the years the Articles of Confederation were in force (1781-1789), there were no national courts and no national judiciary. The laws of the United States were interpreted and applied as each State saw fit, and sometimes not at all. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Often, decisions by the courts in one State were ignored by courts in the other States." This excerpt from the text explains why

the Framers of the Constitution thought it was important to have a national Judiciary.

The territorial courts are MOST similar to

the federal courts of appeals.

What idea about the Supreme Court does this cartoon illustrate?

the power to overturn an act of Congress

Read the excerpt from the text and then answer the question. "[Congress can] make all needful Rules and Regulations respecting the Territory . . . belonging to the United States. . . ." Under this act, a case involving a contractor based in Washington, D.C., disputing building regulations in the U.S. Virgin Islands would come under the jurisdiction of which of the following?

the territorial courts

Why did the Constitution provide for two separate court systems?

to maintain a balance of power between the Federal Government and the States