Unit 6

With regard to jurisdiction, the United States Supreme Court has __________.

both original and appellate jurisdiction.

The Judicial Branch of the federal government controls the power of the other two branches of government primarily _______________.

through its power of judicial review

Explain the process of selecting a case for Supreme Court.

A case selected for argument usually involves interpretations of the U. S. Constitution or federal law. At least four Justices have to select the case as being of such importance that the Supreme Court must resolve the legal issues. The losing party in a lower or higher federal court may ask the Supreme Court to grant a writ of certiorari, an order to review the case.

A vacancy has occurred in the United States Supreme Court due to the announced retirement of its most liberal justice. What will the role of the President of the United States be?

After vetting various candidates, the President will select one candidate to appoint to the bench.

After the President of the United States appoints someone to serve as a federal court judge, that person must also ___________.

Be confirmed by the Senate

Beginning with the Chief Justice and in order by years in office list the current associate justices:

Chief Justice John Roberts Clarence Thomas Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan Neil Gorsuch Brett Kavanaugh Amy Barrett

There are twelve of these federal courts and they only have appellate jurisdiction.

Circuit Courts

In which of the following courts do most cases originate?

District Courts

The main trial court in the federal system is the ________.

District Courts

There are 94 of these federal courts including at least one in each state.

District Courts

Which of the following federal courts has jury trials?

District Courts

Which of the following have original jurisdiction and can hear civil and criminal cases?

District Courts

What jurisdiction do federal courts have?

Federal courts have jurisdiction to hear cases involving the Constitution. Federal courts have jurisdiction to hear cases involving disputes between states. Federal courts have jurisdiction to hear cases involving federal laws.

According to the following passage from Article III of the Constitution, judges in the federal court system serve _______. SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

For life with good behavior

The right for an attorney to be provided for anyone accused in a criminal trial in the United States resulted from:

Gideon v. Wainwright

Once appointed to the court, justices attempt to be ___________ , yet often their decisions tend toward the conservative or liberal end of the political spectrum.

Impartial

Of the three branches of government, the branch with the fewest controls on its powers is ________.

Judicial Branch

The Supreme Court has the power to declare laws of Congress and actions taken by the executive branch unconstitutional. This power is referred to _________.

Judicial Review

Explain the process through which the Supreme Court hears oral arguments

Justices begin hearing oral arguments in October and generally hear arguments until June. After the Justices have studied the briefs, the lawyers from each side are allowed one-half hour to present their oral arguments. After oral arguments, the Chief Justice leads the other Justices in conference or private meeting to discuss the case before issuing an opinion.

According to the following passage from Article III of the Constitution, power to create the inferior or lower courts of the federal court system is vested in _________. SECTION. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Legislative Branch

Which of the following issues court orders and hears evidence to determine if a case is brought to trial in a District Court?

Magistrate

The power of the court to interpret a law was granted through ________.

Marbury V. Madison

The power of judicial review was not contained in the original constitution. Instead it was interpreted through the court case, _________________.

Marbury v. Madison

In _________, the court ruled that the power of federal government is supreme to that of the states.

McCulloch v. Maryland

In ____ v. ______, the court ruled that persons arrested must be informed of his or her right to remain silent.

Miranda v. Arizona

In order to announce their decision in a case, the justices write a(n) ______.

Opinion

In _________, court ruled that in a capital trial the defendant must be given access to counsel upon his or her own request.

Powell v. Alabama

In _________, the court recognized a woman's right to an abortion.

Roe v. Wade

Potential nominees to the United States Supreme Court undergo an extensive confirmation process. The legislative branch investigates the nominees through hearings held by the _________________.

Senate Judiciary Committee

When a justice makes decisions that are based on the specific powers granted in the United States Constitution, the judge is said to be a ______ constructionist.

Strict

The highest court in the United States is the ____________.

Supreme Court

Which of the following is the highest court in the United States and is the ultimate appellate court?

Supreme Court

In __________, the court ruled that burning of the American flag is protected symbolic speech.

Texas v. Johnson

Judges are appointed to the federal bench by ________.

The President

The power to confirm the President's appointees to the Supreme Court is vested in:

The Senate

The Supreme Court was created by ______________.

The U.S. Constitution

If a Conservative Republican is serving as President of the United States for two four-year terms and gets the opportunity to appoint three different Supreme Court justices, it is likely that the President will attempt to swing the balance of the court in what manner?

The court will likely move to a more conservative position.

Which of the following court cases interpreted the Establishment Clause in the First Amendment when it ruled a law to allow prayer in class violated the establishment of religion since the school system is a branch of the government?

Wallace v. Jaffree

Which of the following cases was significant in establishing the rights of the mentally ill?

Wyatt v. Stickney

A potential nominee is in favor of "breathing new life" into the United States Constitution through the use of the Necessary and Proper Clause. That candidate is most likely:

a loose constructionist.

The court case Tinker v. Des Moines established the concept that

a student's right to free speech does not end at the school house door.

A strict constructionist will make decisions:

based on what the Framers are believed to have intended when they wrote the United States Constitution.

An announced nominee for the United States Supreme Court sits before the Senate Judiciary Committee giving answers to questions being asked by the Senators on the committee. The event described is known as

confirmation hearing.

The court case United States v. Nixon limited the President's use of....

executive privilege.

A candidate's ___________ or deeply held beliefs are examined in the selection process.

ideology

Once nominated to the United States Supreme Court, a justice who was expected to be conservative in his decision making voted that any limits of the right to obtain an abortion at any stage of pregnancy is unconstitutional. The new nominee:

is free to make decisions without any control by the President.

Prior to the oral argument each side has submitted a_______, or a written legal argument outlining each party's points of law, to the Supreme Court.

legal brief

Justices who believe powers are implied for the federal government by the Necessary and Proper Clause are called __________ constructionists.

loose

A vacancy has occurred in the United States Supreme Court due to the announced retirement of its most liberal justice. What is the role of the President of the United States?

nominate a replacement

Judges serving on the federal bench are expected to be impartial. That means they should:

not announce a party affiliation.

Justices on the Supreme Court are expected to make decisions without consideration of:

political ramifications

The primary role of an appellate court is to ______.

review a decision made by a lower court.

The Supreme Court of the United States has four liberal justices and four conservative justices. When the President appoints one more justice to the court, his appointment will:

shift the balance of the court

The United States Circuit Court of Appeals has appellate jurisdiction. This means that the Circuit Court of Appeals hears cases _________.

that have first been heard in a lower court

The court case Reno v. American Civil Liberties Union (ACLU) struck down as unconstitutional:

the Communications Decency Act

In cases involving ambassadors, the Supreme Court has original jurisdiction. Original jurisdiction means ______________.

the Supreme Court of the United States will be the first to hear the case

In deciding a case, the Supreme Court holds as its most important consideration:

the provisions of the United States Constitution