CHAPTER 9 - THE JUDICIAL BRANCH - Q AND A

What has been the longest time to fill a seat

2 years, Henry Baldwins seat was the longest vacant time, 841 days. That's more then two years.

What is true about judicial review?

All proposed laws must be reviewed by the Supreme Court prior to being passed.

Compare/contrast the function and process of original and appellate jurisdiction.

An original jurisdiction is the power to hear a case for the first time over other higher courts and an appellate jurisdiction is authority to hear cases that have been appealed in lower courts. These two are similar because they both have to do with hearing cases from either a lower court or higher court. On the other hand they're different because in an original jurisdiction it's the power to hear the case for the first time, but in a appellate jurisdiction is just the authority to hear cases that have been to lower cases.

Justify/criticize Justice Brennan's explanation of justices' decisions.

Brennan's explanation of the Supreme Court explains his sense of opinion towards this. He says that the process can be lonely or troubling, especially for someone capable of making an error. I think that the process is more intense to others than lonely because you have to focus on your own decision with confidence. He also mentions that most Americans would like a written opinion of the justices's decision. I probably would agree with this because a written opinion would probably provide a more clear outlook of the decision.

What is the term for a decision that agrees with, but for different reasons than those used to arrive at, the "winning" decision?

Concurring decision

What is the term for a decision that opposes the "winning" decision in a Supreme Court case?

Dissenting decision

What are the lowest level in the federal system?

District courts are the lowest level in the federal system. They have original jurisdiction—they hear cases for the first time—for criminal and civil cases.

How is jurisdiction divided in the dual court system?

Each state has its own laws and courts. The state courts get their powers from state constitutions and laws. Federal courts get their powers from laws passed by Congress.

What is the difference between exclusive jurisdiction and concurrent jurisdiction?

Exclusive jurisdiction allows only federal courts to hear and decide cases while concurrent allows both state and federal to hear and decide cases.

Where do the federal courts get their power?

Federal courts get their power straight from Congress.

Justify/criticize the difficulty in proving a defendant's guilt in a criminal case.

In a criminal case you can justify or criticize the defendant's guilt by proving they did what you think or know they did. By finding evidence or finding a witness is pretty much the only thing you can do to either prove they did wrong or right. It would be difficult finding evidence or witnesses depending on the case or what they did.

Compare/contrast the types of decisions in Supreme Court cases.

In supreme court cases they take cases about where people's rights have not been followed or were not given to the person facing charges etc. The supreme court does not deal with the case though just the main issue that they feel needs to be addressed. When they are voting on something it doesn't have to be anonymous just a majority needs to be in favor of the decision. It all really depends on the case for how they vote on the decision, but once their mind is made they can't change it.

Why was Marbury v. Madison significant to history?

It created the precedent of judicial review

What is the Latin term for the territory over which a court "says the law."

Jurisdiction

What is the term for the "winning" decision in a Supreme Court case?

Majority decision

Compare/contrast the processes of civil and criminal courts, especially with regard to "motion for summary judgement" in a civil case, and why there is no such motion in a criminal case.

One debates between two parties the other is related to the court and is more toward having harm or threatening harm to others. A criminal case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute, so their is no need for the "motion for summary

What is the process for appointment as a Supreme Court Justice?

President nominates then senate confirms by majority vote

Which court is the only federal trial court?

Supreme Court.

Compare/contrast the methods and significance of decisions in the Supreme Court and lower courts.

The Supreme court is the most powerful court in the U.S. and any other court was considered a lower leveled court. Today they're 94 U.S. District Courts and they are the only ones to have juries. While The Supreme Court

Justify/criticize the court's decision in the Marbury v. Madison case, and explain the significance of the decision, especially with regard to the most current appointment to the Supreme Court.

The case talks about not having providing the official documentation to approve a supreme court justice because the president did not feel as if the candidate was worthy. The president was then sued saying that it wasn't his choice to make even though it was. Hopefully this doesn't happen at this point in time with our current situations in the government that are close to the same as in 1808. Their is still debate to this day if a president, at the end of their office time, should be allowed to appoint a court justice. Also that the the supreme court has to vote honestly with the president's decision even if he is getting out of office.

Explain judicial review.

The doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution.

Describe the process of a case making it to the Supreme Court.

The first step, most of the time, is to file a lawsuit in your local state or federal court. The trial judge would hear evidence and consider legal arguments from each side before making a decision. If the judge decides all or part of the case against you, you can then appeal the case to a higher court. When you have appealed as far as possible, you can consider appealing to the U.S. Supreme Court. the next step is to prepare a "petition for certiorari." This is the document the Court will read in order to decide whether to hear a case. In that document, you will include a history of the case, the basic facts, and the important legal issues that your case presents. Your opponent will also have a chance to file a response, and other interested parties may file briefs in support or against the petition. Your file will then go to a pool of Supreme Court clerks, who will review all of the documents, summarize them for the justices, and include a recommendation on whether to take the case. The justices then make a final decision. If they decide to hear a case, they will issue a "writ of certiorari."

What are the three levels of the federal court system?

The lowest is, first the district courts, then circuit courts, and finally the federal court.

Describe the parties involved in civil cases and in criminal cases.

The parties in the civil cases disputes between individuals regarding the legal duties and responsibilities they owe on another. In criminal cases they usually did an offenses against the state and are prosecuted by the state.

What role do the judicial branch courts play?

The role of the courts is to interpret laws and make sure they are enforced fairly.

What do Federal courts have authority over?

They have the authority, to hear only certain kinds of cases so that they do not interfere with state courts. Federal courts also have jurisdiction over cases involving constitutional issues, federal crimes (such as kidnapping and tax evasion), disputes between states or between people from two different states, and incidents that occur at sea. Issues that involve the federal government, foreign governments, or U.S. diplomats go to federal court.

What might a party who loses a civil case do?

They may ask the circuit court to review the decision. In a criminal case, only an accused who is found guilty may appeal.

Describe the process of selecting a Supreme Court Justice.

To select a supreme court justice the president selects someone to go into the position and the others in the court have to agree with the president's candidate before they can go into office.

What is the term for an order to review a lower court's decision

What is the term for an order to review a lower court's decision

When do both federal or state courts have concurrent jurisdiction?

When either a federal or state court could hear a case, as when state and federal laws overlap, the two courts have concurrent jurisdiction.

Interpret why the selection of a Supreme Court Justice near the end of a president's term is more controversial than the selection at other times.

When the president selects a Supreme Court Justice to take office at the end of their term it in some people's opinion it is a bad decision to let the president decide. At the end of a president's term they are wanting to get out of office, so why should they pick the candidate if they aren't going to be in office anymore.

In what types of cases does the Supreme Court have original jurisdiction?

works it way up to the supreme court, unless of extreme proportions but usually has to work its way up to be heard by the supreme court. Can't hear a case unless the lower level courts sign a paper so that allows the court to work its way up. Court doesn't have to hear a case if they don't want to. 1% of all cases are accepted every year.