Reading Guide CHAPTER 8-The Judicial Branch
What is the meaning of stare decisis?
A guiding principle for all judges
Which article of the U.S. Constitution details the powers of the do judicial branch?
Article III
When does the Supreme Court have original jurisdiction?
The Supreme Court has original jurisdiction in only two instances. It can preside over cases that involve diplomats from foreign countries and in disputes between states.
How is the court case added to the Supreme Court docket?
accepted 4/9 must agree
What is the difference between appellate and original jurisdiction?
appellate jurisdiction, or the authority of a court to hear a case appealed from a lower court.Original jurisdiction, the authority to hear cases for the first time
What are the three ways in which an appeals court may decide a case?
by upholding the original decision, by reversing that decision, or by remanding the case
How are federal judges selected? What qualifications are established by the US Constitution to become a federal court judge?
president, with the advice and consent of the Senate, will appoint all federal judges.
Explain the five steps to which a case passes in the Supreme Court.
1. written arguments 2. oral arguments 3. conference 4. opinion writing 5. announcement
How many cases where a pill to this Princort in 2004? How many did to justice is actually hear?
7,500 and 74
How many official sit on the Supreme Court? What is their title and who is the leader?
9 justices
What are subpoenas, which official serves them?
A subpoena is a court order requiring someone to appear in court.
Who is the current leader of the Supreme Court?
Chief Justice
What phrase is carved in the marble on the front of the Supreme Court building in D.C.?
Equal Justice Under Law
What is the only way by which a federal judge may be removed?
Impeachment
What three principles of judicial review did John marshal set forth in his opinion in Marbury v. Madison?
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Why is the ideal of equal justice difficult to achieve?
Judges and juries are not free from personal prejudices or the prejudices of their communities.
What is judicial review?
Judicial review means that the Court can review any federal, state, or local law or action to see if it is constitutional, or allowed by the Constitution.
What did the Judiciary Act of 1789 and the Judiciary Act of 1891 create?
Judiciary Act, which established federal district courts and circuit courts of appeals.1891, Congress created a system of federal appeals courts and the circuits or districts they serve.
What is the role of Magistrate, US Attorney, and a US Marshal?
Magistrates take care of much of a judge's routine work. issue court orders, such as search and arrest warrants, in federal cases. hear preliminary evidence in a case to determine whether the case should be brought to trial. decide whether people under arrest should be held in jail or released on bail. U.S. Attorneys . U.S. attorneys are government lawyers who prosecute people accused of breaking federal laws. look into complaints of crime, prepare formal charges, and then present evidence in court. represent the nation in civil cases in which the government is involved. U.S. attorneys are appointed to four-year terms. U.S.Marshals make arrests, collect fines, and take convicted persons to prison. They protect jurors, keep order in federal courts, and serve legal papers.
How are the terms of opinion and precedent related?
Opinion and precedents are related because they both give guidance in a detailed explanation to use in court.
What Supreme Court case made segregation illegal in what case overturned that precedent?
Plessy v. Ferguson,
What are the eight types of cases over which the federal courts have jurisdiction?
The Constitution, Federal Laws Violations, Disputes Between States Disagreements between state governments, Citizens from Different States, suits involving the federal government, case involving foreign government and treaties, cases based on and maritime law's, And cases involving US diplomacy
When does the Supreme Court hear cases?
The Court hears oral arguments in cases from October through April.
What is the Supreme Court's role in determining the constitutionality of a law?
The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all
What is the purpose of the judicial branch of the federal government?
To settle civil disputes and to decide the guilt or innocence of people accused of crimes.
Who provides the decision in the courts of appeals?
US Supreme Court
How do you vacancies occur on the Supreme Court?
Vacancies in the Court open up due to the resignation or death of a justice.
Where must all federal cases begin? Why?
district court
What are the three levels of the federal court system?
district courts at the lower level, the appeals courts in the middle, and the Supreme Court at the top
What happens if the Supreme Court rules that a law is unconstitutional?
it has the power to nullify, or cancel, that law or action.
What is one way in which the president make check and balance the power of the courts?
there are limits on the power of the federal courts