Government Chapter 7 Study Guide

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.

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.

What is the significance of John Marshall's ruling in Marbury v. Madison? Provide examples of the impact of this ruling.

Chief Justice John Marshall's ruling established the precedent of judicial review by which the Supreme Court has the final say on whether a law is constitutional or unconstitutional. The Supreme Court has exercised that power in many influential ways over the years that followed.

*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

Compare and contrast the constitutional and special courts in the federal court system, using details from the text.

Constitutional courts exercise the broad judicial power of the United States. Special courts exercise more limited authority related to the expressed powers of Congress. compare- both inferior (below Supreme Court) contrast- constitutional courts are more powerful; federal courts are more limited; much narrower focus because they are limited to focusing on expressed powers of congress

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

*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.

What are the events that must happen in order for the Supreme Court to hear a case over which it does not have original jurisdiction? Use examples from the text to illustrate the process.

If Supreme Court hears a case it must appealed to Supreme Court from a lower court, or if a Supreme Court requests to hear it they need a writ of certiorari. 4 Supreme Court members must agree to hear the case.

Describe the basic structure and function of the United States Tax Court, including - the types of cases that are brought to the court - to which branch of the Federal Government this court belongs - which government agencies generate most of its cases.

If there is reason to believe that someone is not paying their taxes or doing something illegal, they are sent to a local court then can be moved to a US tax court.

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.

How is the ruling in Marbury v. Madison an example of judicial activism? Support your answer using details and examples from the text.

Judicial activism allows for a broad interpretation of provisions in the Constitution and statute law, taking into consideration the events and views of the time. In its decision-making process in Marbury v. Madison, the court interpreted the Judiciary Act of 1789 and found that the section on which Marbury based his case conflicted with the Constitution, and, therefore, the court deemed Marbury's suit to be void. This decision established the precedent of judicial review and greatly expanded the power of the Supreme Court. Since the Marbury v. Madison decision went beyond the "intent of the Framers" and radically altered the function of the Supreme Court, the ruling would be considered an example of judicial activism.

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 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.

*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.

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.

Under what circumstances has Congress found it acceptable for two federal courts and some commissions to operate largely in secret? What justifications have been given to explain the need for these kinds of courts? Support your answer with details from the text.

This only happens when the government has ordered it to be conducted in secret. This could be when it deals with government secrets or special cases

What problems led the Framers to establish the judicial branch of the Federal Government? Use details from the text to support your answer.

Under the Articles of Confederation, there were no national courts. In this system, there was no good way to settle disputes between the states or between citizens of different states. A federal judiciary was needed to resolve these problems.

*- one for each federal judicial district - appointed by the President - work with the FBI - bring to trial those accused of federal crimes - serve as the prosecutor for the Federal Government These duties describe which of the following jobs?

United States marshal

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 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 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.

*"The practice of senatorial courtesy gives great weight to the wishes of the senators from a State in which a federal judge is to serve." This excerpt from the text describes how the Senate

considers the preferences of senators regarding judges serving in their State.

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

exercise original jurisdiction over a federal case.

*What kind of federal courts are described in the chart?

federal courts of appeals

Who would have jurisdiction in a case involving a writer in Texas suing a company in California over a copyright violation? Why?

federal jurisdiction because it involves copyright- an exclusive subject matter of the federal courts and also because it involves citizens from two different states

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

make up the majority of federal cases brought to trial.

Why is the idea of precedent important to how the Supreme Court functions? Include some examples of how precedent has functioned or influenced recent Court decisions.

precedent: ruling on previous case; it's important because the Supreme Court bases most of its decisions on earlier cases with similar issues. In 2014, a woman from Indiana sued Walgreen Co. for disclosing her prescription information to her ex-boyfriend (against HIPAA laws). It is likely, however, that this precedent will be used as persuasive precedent in other court systems.

The territorial courts are MOST similar to

the federal courts of appeals.