Judicial Test

How many court systems are there in the United States? Choose 1 answer:

two

concurring opinion

"I agree with the majority, but for different reasons"

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Why is the judiciary branch the least threatening?

-you have lifetime tenure and salary protection -The only power you have is to judge -The executive branch enforces

What chance does your case have of being heard by the SC?

1%

Procedures:

1. Lawyer from both sides submit briefs (legal arguments) before trial in order to give Judges question prompt ideas 2.30 min oral arguments presented 3.Justices debate cases in conference 4. Justices (& law clerks) write opinions and attempt to persuade the other side (Takes weeks and months) 5. Court issues a written opinion

judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.

Federalist 78 (Hamilton)

A limited Constitution requires an independent judiciary to check legislative actions; courts have a duty to make sure laws adhere to the Constitution and if the laws do not, declare them null and void; least powerful of the three branches

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Intermediate Appellate Courts

A type of state court that takes appeals from parties dissatisfied with trial courts. (Found in 1/2 of states)

"Liberty has nothing to fear from the judicial branch unless if it joins forces with another branch"

AKA separation of powers is good

Lifetime tenure

Allows judges to be subject to public opinion since they are not answerable to voters

epf

Congress cannot enact a law after judgement is made

Marbury v. Madison

Established judicial review

How can opinions be used for future cases?

If a case is very similar, the opinion from before can be used

Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision? Choose 1 answer:

It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president

Which of the following statements best explains how stare decisis influences Supreme Court justices? Choose 1 answer:

It makes justices more likely to defer to previous Supreme Court decisions

What does it mean for a court to issue a writ of certiorari Choose 1 answer:

It orders a lower court to hand records to a higher court for review.

Which of the following statements describes judicial activism? Choose 1 answer:

Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution

Boa

Legislative finds one guilty without a trial

What is the federal court structure?

Low: Trial Court Appellate Court Supreme Court

If SC denies Certiorari, what happens?

Lower court decision stands

When was judicial review established?

Marbury v. Madison (1803)

In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court's majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market. Which prior Supreme Court case could be cited as a precedent for the majority decision in Gonzalez v. Raich (2005)? Choose 1 answer:

McCulloch v. Maryland (1819)

Shaw v. Reno

No racial gerrymandering

Baker v. Carr

One man, one vote

A president believes the Court has overstepped its constitutional authority by requiring state legislatures to redraw congressional districts to address partisan gerrymandering. Which of the following could the president do to limit the Supreme Court's power in response?

Refuse to implement the decision

Who confirms federal judges?

Senate

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

What does it mean for a Supreme Court nomination to be "Borked"? Choose 1 answer:

The Senate brutally interrogates a Supreme Court nominee during a confirmation hearing.

What happens when the Supreme Court rules a law unconstitutional? Choose 1 answer:

The law is nullified.

Judicial Review

The power of the courts to declare laws unconstitutional

State Court Structure

Trial Court --> Intermediate Appellate Court --> Final Appellate Court

What qualifies you to go to federal court?

You have a problem with the federal law and/or the constitution

What qualifies you to judge?

You have to be a good, law abiding citizen.

majority opinion

a court opinion reflecting the views of the majority of the judges

What's the official summary of a court proceeding called? Choose 1 answer:

a docket

Certiorari

a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review

judicial independence

ability of judges to reach decisions without fear of political retribution

What's one thing that the legislative branch can do to place a check on the judicial branch? Choose 1 answer:

change the Supreme Court's jurisdiction

Most cases are _____ not ______

civil, criminal

Judicial branch has the final say for ____________ laws

contradictory

appellate court

court that generally reviews only findings of law made by lower courts

Who nominates federal judges?

president

SC Court decisions are NOT ____________

self-executing

Which of the following factors would an originalist most likely take into account when interpreting the Constitution? Choose 1 answer:

the Framers' intent in writing those specific words

Holding

the court's decision

Trial Court

the first court to hear a criminal or civil case

Supreme Court

the highest federal court in the United States

United States v. Lopez

Congress had exceeded its commerce clause power by prohibiting guns in a school zone

"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." -John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument? Choose 1 answer:

The Supreme Court should judge whether a law is constitutional

What's one thing the president can do to place a check on the judicial branch? Choose 1 answer:

evade or ignore the supreme courts decision.

Very few people are fit to judge, therefore:

judges tend to stay around for a while

stare decisis

let the decision stand

Judcial Restraint

no change to previous policy

"The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." ->John Marshall, decision in Marbury v. Madison (1803) Which of the following statements is most consistent with Marshall's argument in this passage? Choose 1 answer:

The Constitution is above ordinary laws

Which of the following scenarios would most likely be considered judicial restraint? Choose 1 answer:

The Supreme Court refuses to hear a case because the justices believe the issue should be solved by the legislative branch

"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument? Choose 1 answer:

The Supreme Court should have the power of judicial review

Which of the following is the first court where cases are heard Choose 1 answer:

trial court

Which of the following established the structure of the three-part judiciary in the United States? Choose 1 answer:

the Judiciary Act of 1789

Which of the following would a textualist say is the most important factor for interpreting the Constitution? Choose 1 answer:

the objective meaning of the terms in the document