Unit 5 history short answer questions

Summarize the structure of the Federal Court System.

District Courts, which is the trial court and where the trial gets done. --> Federal Circuit Courts, that hears only appeals dealing with specific legal topics. --> Supreme Court, which is the final level of appeal in the federal court system and it ensures equal justice under law

How does each of these types determine where cases are heard?

Exclusive jurisdiction - cases only heard by federal courts Concurrent jurisdiction - cases heard in state and federal courts Original jurisdiction - a court where a case is first heard Appellate jurisdiction - Cases heard by appeals court courts

Discuss the different types of jurisdiction- exclusive, concurrent, original and appellate.

Exclusive jurisdiction is authority of only federal courts to hear and decide cases. Jurisdiction that exists when a case can be heard only in a particular court or type of court. Concurrent jurisdiction is cases that can be heard in either a federal or a state court. Authority shared by both federal and state courts Original jurisdiction is a court in which a case is first heard Appellate jurisdiction is authority held by a court to hear a case that is appealed from lower court. Has the right to uphold, overrule, or modify the decision held by the lower court

To what extent do you think the Court is affected by the public's opinion and societal values?

I think the Court is not strongly affected by the public's opinion and societal values. This is because I understand that the justices are concerned about maintaining public support, but it is not the Court's job to follow what the people say. It is the Court's job to follow the rules of the Constitution and ensure that Americans have equal justice under law.

Why are Supreme Court Justice's appointed for life?

If they are appointed for life, they don't have to respond to the majority and they don't have to vote with the majority. It also protects equity and they can vote how they want about hoe their conscious feels about the Constitution. Also so that they are not pressured by politics and they can vote how they please, independently. Justices can't be fired if they make unpopular decisions, in theory allowing them to focus on the law rather than politics.

Describe the process by which cases get to the Supreme Court. How many cases are received for appeal? How many are actually chosen?

In the state route, it goes from state trial courts --> state appeals courts --> state supreme courts --> US supreme Court In federal route, it goes from 94 federal district courts --> federal appeals courts --> US supreme court 8,000 cases are received for appeal and only 80 are actually chosen. (1%!!!)

Describe the purpose of the Supreme Court as laid out in Article III, Section 2

It establishes the jurisdiction of the Supreme court as a original and appellate jurisdiction court.

Why is the power of judicial review key to the system of checks and balances?

It gives courts the power to say the actions of the executive or judicial branches unconstitutional. If another branch of government is violating its powers, judicial review allows the courts to stop the branch from exceeding its powers too much and make the branch go back to doing what it is supposed to do.

What type of jurisdiction does the Supreme Court have?

It has original jurisdiction and appellate jurisdiction

What takes place during the Court conference?

It is headed by the Chief Justice (John Roberts) and the justices discuss their opinion on the case. It is discussed by seniority and 1/3 of case decisions are unanimous. Most of the decisions are split decisions. This is where they come up with a ruling and they look at other writ of certioraris

Why is an independent judiciary a key element of a democracy?

It is important to the democracy because in it, everyone has equal opportunity to speak their side. The independent judiciary does not have any vested interest in the case. They can go to the independent judiciary with no opinion on the case yet and it will give the unbiased and accurate ruling.

How is the Supreme Court's power limited and balanced by other branches of the government?

It is limited because Supreme Court justices are appointed by the President and they have to be confirmed by the Legislative Branch (Senate). Legislative branch can remove Supreme Court Justices.

Discuss the differences between judicial restraint and judicial activism. How have these approaches to the Court impacted our nation?

Judicial activism is the belief that a judge can change the law. the philosophy the courts must sometimes step into political and social controversies in order to protect constitutional rights. Judicial restraint is the belief that judges shouldn't change the law, except in cases where actions are clearly unconstitutional. the philosophy that courts should generally avoid overturning laws. They impact the nation because it can change the laws of the nation or change how they are followed or interpreted

What is jurisdiction? How does "subject matter" and "parties" connect with jurisdiction?

Jurisdiction is the authority of a court to hear a case. (usually around where the case took place). The subject matter is where the case occurs and wherever the issue occurs is where the case will take place. The type of issue that happens affects the type of courts can hear the case because of jurisdiction. Parties connect with jurisdiction because it describes the people involved in the case and thus can change who's jurisdiction it is under.

Discuss the lack of a national judiciary and national court system under the Articles of Confederation. Why did this create a weakness in the newly formed United States?

MONOPOLY EXAMPLE With no national judiciary and court system, there were too many disputes and arguments, and there was no one to resolve those arguments. It didn't go very well because no one could agree what the right thing to do was. It created a weakness because nothing ever got done because there were too many arguments that were never resolved.

Explain the different Court opinions- Majority, Minority (or dissenting), and Concurring.

Majority opinion states the decision of the court and the reasoning. Stands as precedent. When a majority of the justices agree on a ruling Minority opinion (or dissenting opinion) is an opinion that disagrees with the majority opinion. Concurring opinion agrees with the majority opinion, but for different reasons. Add or emphasize a point that was not in the majority opinion

How did Marbury v. Madison help establish the Court's power of judicial review? Explain.

Marbury was appointed as Justice of the Peace by Adams, but when Jefferson became president, he told Madison to not send the appointment and papers over to DC. Marbury went to the Supreme Court about this. They ruled that Madison's actions were unconstitutional and they created judicial review to declare laws and actions of local, state, and national government unconstitutional.

Are there any current issues or recent Court decisions that support your opinion?

Supreme Court case called McKinney v. Arizona that supports my opinion because the Supreme Court was not influenced by public opinion and they just followed the rules of the Constitution. In this case, an error was found during habeas corpus review, the state appellate court may reevaluate the upsetting circumstances to resentence the defendant. This only applies during death penalties.

How are the decisions made? What is an unanimous ruling?

Supreme Court decisions are made when all nine justices go into conference and they discuss their opinions on the case. At least 5 justices have to agree on an opinion for that to become a ruling. One is chosen to write a majority opinion and justices who disagree may write a minority or dissenting opinion. Unanimous ruling is when the justices all agree on the outcome and the reasons for a decision in a case. This becomes a law. split decision

How does the Court operate?

Supreme court will hear oral arguments for 2 weeks meet in closed conference once a week Sometimes will try to change other's minds justices will recess for two weeks to consider what they've heard receive briefs from lawyers They start on the first monday in october to June or July. They talk about which cases they will hear and make a schedule. the first receive the briefs and then they hear oral arguments and then they go into conference

Define the concept of judicial review.

The actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. The power of the Supreme Court to declare laws and actions of local, state, and national government unconstitutional.

Which cases can be appealed, and to which courts?

The cases that can be appealed are ones where there is an error of law or where someone's civil rights were infringed on. Civil and criminal cases. They can be appealed to State trial courts, state appeals courts, the state supreme court, federal district courts, federal appeals courts, and the supreme court.

How does the Court decide which cases to hear? What is the rule of four?

The court gets thousands of petitions to hear a case. They get writ of certiorari, how most cases reach the Supreme Court and they get certificates where not many cases reach the Supreme court. cases will not be heard if supreme court agrees with lower court. The supreme court chooses cases by the rule of four which is where four or more justices have to agree on a case to hear it.

What is the role of precedent in Supreme Court Decisions?

The role is that the ruling in a case is the same as the ruling in a similar case so that the ruling is consistent. This applies in all other courts and it makes sure that other courts follow the same decisions and laws as the Supreme Court. Precedent in Supreme Court decisions helps other people who are in lower courts receive fair rulings because if the Supreme Court rules something, then all the lower courts have to follow it. Rules established in other Supreme Court cases that inform the court's future decisions about similar cases.

What is the role of the Supreme Court in our democracy?

The supreme court interprets and reviews laws. It is the final say in any issues that come to it and it protects civil rights and liberties by striking down laws that violate the Constitution. HIGHEST COURT IN THE LAND

Describe the two types of federal courts- The Supreme Court and the lower federal courts.

The supreme court is the highest court in the land that cases can be appealed to and they are the final say. The lower courts are the district and circuit courts. District courts are where the trial happens and that case can be appealed to the circuit court where it is tried again.

How many Superior Courts are there? Courts of Appeals? Supreme Court justices?

There are 50 superior courts. There are 13 court of appeals. There are 9 Supreme Court justices

How are cases appealed?

They are appealed when The judge made an error of law. ... The facts of the case and/or the evidence introduced in the trial court do not support the judge's decision. ... The judge "abused his/her discretion" You petition for an appeal and you get approved or denied appeal by a panel of 3 judges. They can be appealed up until the Supreme court

What cases do state and federal courts have original jurisdiction over?

They have jurisdiction over concurrent jurisdiction. They hear cases on civil rights and some criminal cases occuring on federal and state property. aa robbery of a bank.

What are the purposes of trials and appeals in our court systems?

Trials make a judgment on who is right and who is wrong in a situation. Appeals allow someone who doesn't agree with a decision because there was an error of law and can get a "second opinion" on the case.

What are written briefs and oral arguments, and how are they used in deciding Supreme Court cases?

Written briefs are detailed statements that support one side of a case, which are filed before oral arguments begin. a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case. lawyers write them. Explaining how they want the Court to decide their case and the best arguments in support of that decision. Oral arguments are when the lawyers stand up and present their cases to the Justices orally. They state some facts of the case, they call witnesses, and they try to persuade justices to vote for their side. They are used because they try to influence the judges and persuade them to vote for their side.

What might be the advantage to having specialized courts for juveniles, traffic, criminal and others?

each specialized court just does cases revolved around one specific topic and these courts will know about that one topic and people will be able to trust the final decision of the courts because they know that the judges in the courts are very educated on their specific topic

Which principles of democracy are integral to the judicial branch? Why?

every person should have equal opportunity to pursue individual goals and desires. One person's pursuit of happiness should not interfere with someone else's pursuit of happiness. It is very important that people have confidence in the court system from the selection of judges to the process for deciding cases, so that its decisions will be trusted, respected, and obeyed. This is important so that people do not argue with the verdict and so that people know the right decision will be made in court.

What is the significance of the Court's decision in Marbury v. Madison?

it established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution and eventually for parallel state courts with respect to state constitutions. Established the power to declare laws and actions of local, state, and national government unconstitutional.

Why is Due Process so important?

it helps prevent arbitrary and unreasonable decisions. Due process also ensures that police, lawyers, judges, and jurors must follow the same basic procedures regardless of the defendant. The Due Process makes sure everyone has a fair trial and makes sure that everything else is fair no matter who is being questioned.

What other types of courts operate in the United States and what types of cases do they hear?

state trial courts hear cases involving state laws. State appeals courts hear cases appealed from state trial courts. 50 state supreme courts hear appeals from state appeals courts. US Supreme Court hears cases that raise constitutional cases. 94 federal district courts hear cases involving federal law. Federal appeals courts hear cases appealed from 94 federal district courts. US Supreme Court hears federal appeals court appeals

How many federal appellate courts are there? In what way do the judges hear cases in the appellate courts?

there are two federal appellate courts. Circuit courts and Supreme Court. There are three judges and no jury. hears challenges to district court decisions from courts located within its circuit.

What do you think is the main reason for the appeals process?

when a judge makes an error of law, the person can appeal the case and the ruling can be fixed. If the judge makes an error of law, the person can appeal and go to a different court where no error of law will be made and they can get a fair and accurate ruling. when an error of law occurs