U.S. Government // The Judicial Branch

How many appellate courts are there?

12

For how many years do the judges of state courts serve in office?

4 years

In the United States, there are how many district courts?

94

What is a defense attorney?

A defense attorney is a lawyer in the defense of individuals and companies charged with criminal activity.

What is "appellate jurisdiction"?

Appellate jurisdiction is the power of a higher court to review decisions and change outcomes of decisions of lower courts.

What is the title given to a judge who is not the chief or presiding justice of the supreme court?

Associate Justice

Who is the principal legal officer who represents a country or a state in legal proceedings and give legal advice to the government?

Attorney General

What are the first ten amendments to the U.S. Constitution called?

Bill of Rights

What is the title given to the presiding judge in a supreme court?

Chief Justice

What was the Judiciary Act of 1789 and why was it ruled unconstitutional?

Congress could not give the Supreme Court the power to issue an order granting Marbury his commission. Only the Constitution could, and the document said nothing about the Supreme Court having the power to issue such an order.

Describe the content in Article III of the U.S. Constitution.

It says that there be ONE supreme court, and that all lower courts are established by Congress.

Which U.S. Supreme Court judge made the decision for judicial review?

John Marshall

How are judges selected in state courts?

Judges for state courts are elected by the state and must be a citizen of that state.

How are judges selected for the Supreme Court, appellate courts, and district courts?

Judges for the supreme court and of appellate and district courts are appointed by the President to then be confirmed (or disapproved) by the Senate.

Define judicial activism.

Judicial activism refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law.

Define judicial restraint.

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.

_______ is the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

Jurisdiction

_______ are previous cases or legal decisions that may be or must be followed in subsequent similar cases.

Precedents

What are "amicus curiae" briefs?

The "amicus curiae" briefs are briefs submitted by both sides of the argument (those for or against); filed by "friends of the court".

What is the "rule of four"?

The "rule of four" is that it takes four supreme court judges to accept your case and to give you writ of certiorari.

What is "writ of certiorari"?

The "writ of certiorari" is instruction to argue, or assert, your case in front of the supreme court.

Why were the Bill of Rights written?

The Bill of Rights was written to restrict national government; to protect the people from the power of the national government.

What is the Department of Justice? Who heads this department? What are their responsibilities?

The Department of Justice is a department of the federal executive branch, headed by the attorney general, which administers the Federal Bureau of Investigations (FBI), prosecutes violations of federal law, and is responsible for enforcing all civil rights legislation.

Explain the significance of the Marbury v. Madison (1803) supreme court case.

The Marbury v. Madison case in 1803 was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution.

What is the Solicitor General responsible for?

The Solicitor General is responsible for arguing cases before the U.S. Supreme Court.

Why is the United States described as having dual court systems?

The U.S. court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government.

What is the purpose for Article III of the U.S. Constitution?

The purpose of Article III is to outline the judicial branch (court system)

What is the length of office for supreme court judges?

U.S. Supreme Court judges are appointed for life, but can be impeached.

Which is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs?

civil law

The _______ opinion is written by the supreme court justices who oppose the majority opinion and states why they disagree with the decision.

dissenting

An _______ is a formal accusation against an individual suspected of committing a crime, but are generally only obtained for felony charges.

indictment

An _______ is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act; to make restitution to an injured party.

injunction

What theory asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional?

judicial restraint

Review by the U.S. Supreme Court of the constitutional validity of a legislative act is known as what?

judicial review

The _______ opinion, or vote, is written by supreme court justices who supported the decision of the court?

majority

The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified is known as what?

original intent

A _______ is a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

warrant

What title is given to the law officer directly below the attorney general in the U.S. Department of Justice?

Solicitor General

State courts have jurisdiction over what legal matters?

State courts have legal jurisdiction over state law within their state and over criminal and civil cases (within their state).

District courts have what jurisdiction?

District courts have jurisdiction over federal law within their district and deal with both criminal and civil cases.

Why is due process important?

Due process balances the power of law of the land and protects the individual person from it.

What is "due process"?

Due process is the legal requirement that the government must respect all legal rights that are owed to a person.

Why is the power of judicial review an important part of the system of checks and balances?

The principle of judicial review is an important addition to the system of "checks and balances" because it was created to prevent any one branch of the Federal Government from becoming too powerful.

What is a "dual court system"?

The dual court system is the distinction of state and federal courts that make up the judicial branch of government.

What is "original jurisdiction"?

The original jurisdiction of a court is the power to hear a case for the first time

The U.S. Supreme Court has what jurisdiction?

The supreme court has both appellate and original jurisdiction.

How does the U.S. Supreme Court maintain rule consistency in their court decisions?

The supreme court maintains consistency in their rulings, or decisions, by "stare decisis" which is to let the previous decision stand unchanged.

The _______ opinion is written in support of the majority, but stresses a different legal basis.

concurring

Which is a system of law concerned with the punishment of those who commit crimes?

criminal law

The _______ is a lawyer who conducts the case against a defendant in a criminal court.

prosecutor