AP Gov Unit 3, Lesson 1 (16) - Understanding the Judiciary
explain the order of the federal court system and how many of each level courts there are
(94) federal district courts - (13) federal appeallate courts - supreme court
what is the order of courts in the state system (from least important to most important)
(county courts - ) state trial court - state appeallate court - (50) state supreme court - supreme court
federal courts may try a case if it involves disputes between who? (note: there are 6 different options)
- 2 or more states - the constitution (particularly a federal law or treaty) - us government as a party - citizens of different states - ambassadors - diplomats
what are the 5 advantages of having a life appointment?
- experience - stability - no re-election - no fear of removal from office because constituents don't like your decision - interest groups/bribery have very little influence
what was hamilton's position regarding the power of judiciary to declare void any legislative acts that were contrary to the constitution?
- he's saying that they need to, becaue the other two branches are so powerful and there needs to be some sort of check on them.
what are the four disadvantages of having a lifetime appointment?
- judicial activism - precedent - old court - ideology is slow to change
why does hamilton consider the independence of the judiciary branch to be a vital component of constitutional government?
- to keep it fair and keep politics out of their decisions over constitutionality
how many cases are petitioned to the supreme court a year? how are they petitioned to them? how many actually get heard per year?
10,000 are petitioned to them a year via writ of certiorari, but only roughly 80 get heard per year
how many circuit court of appeals are there in the country? how many total judges work in them?
13; 160 judges
how many cases arrive at the supreme court as original jurisdiction each year?
2 or 3 - it's very rare
how many federal district courts are there? how many judges are there between all of them?
94; 700
who sets up the make up of district courts and the amount of judges they can have?
Congress
which court is the highest in the country?
Supreme Court
what did the judiciary act of 1789 establish? is that particular thing still in existence?
a basic 3 tiered federal court structure (that still exists today)
in a federal district court, who are cases tried by? who decides the outcome?
a judge and trial jurt; the jury decides the outcome
how/who are cases tried by in the federal court of appeals? what doesn't happen when a case is brought to them that one would think should happen? what happens instead?
a panel of three judges try a case, and there isn't a trial or testimony heard, but instead the judges review the district court's decision and see if there agree with it or not
what do most cases in district courts end in?
a plea bargain
what is treason?
a violent act against one's country, where they attempted to overthrow or spy on their government, wage war against their country, or provide comfort or aide to the enemy.
what types of judges have lifetime appointments?
all federal judges - meaing all judges appointed to district, circuit courts of appeal, or the supreme court
what is a writ of certiorari?
an order by Court directing a lower court to send up record in a given case for its review
who is allowed to challenge an existing law's constitutionality? how many they do so?
any single living person may challenge an existing law's constitutionality through judicial hearings, though they need to start at the lowest level of court first. unless, of couse, the petition through a writ of certiorari and the court decides to listen to their case right away
what type of jurisdiction is executed here - originial or appellate?
appellate
which article of the constitution explains how the judicial branch's independence checks and balances other institutions and state governments?
article 3
what does article 6 state/expand upon? what is the only exception?
article 6 expands upon how a trial infront of a jury is basically guarenteed, but the exception is sometimes in the supreme court, as they may make up their minds or not require a jury trial in order to make their decisions
what is the only requirement of a judge inorder to keep their life tenure? what happens if they do not follow the rules?
as long as they have good, fair behavior, they're golden; if it isn't working out, they would be impeached and removed from office by congress
why is it necessary for judges to make law?
because statutes are often broadly-worded, unlear, and contridictory, and the constitutionis also pretty broadly-worded and requires interpretation
what is an example of citizens from different states doing something that could be heard in federal court?
brown v. board of education - many black citizens from different states filed complaints to NAACP, who took it to court
who has the power to change appeallate jurisdiction of federal courts? therefore, who checks the judicial branch in this particular instance?
congress; legislative branch
who has the power to create all inferior federal courts? therefore, which branch checks the judicial in this particular instance?
congress; legislative branch
what are the 3 levels of constitutional/federal courts in the united states?
district courts, court of appeals, supreme court of the united states
what are two examples of court cases demonstrating judicial review (from the late 2000's)?
district of columbia v. heller (2008) and mc.donald v. chicago (2010)
how are treason cases handled?
either 2 witnesses have to both testify that they were saw this person commit treason, or the charged person needs to come to court and confess; treason is a capital crime that could resort in the death penalty - judges do not want any sort of doubt before sentencing one guilty of it.
what two scenerios must cases written up to the supreme court via writ of certiorari involve?
either a serious constitutional issue or interpretation of a federal statute, action, or treaty
what two courts do Supreme Court cases come from, unless of course they come direction from a petition of writ of certiorari?
either a state supreme court of federal court of appeals
how many states have their own court systems? what percent of criminal cases are heard there?
every one of them do; and 97% are heard in state courts
which federalist paper specifically talks about judicial review? which court case was the first instance when judicial review was used?
fed 78; marbury v. madison (1803)
what is one event that is a good reason for someone to bring their case to court?
if one has sustained or nearly sustained an injury, both physical or something that violates their rights, they may bring their case to court (ex: dade and talan)
what is an unvalid reason for challenging a law?
if they don't like it (ex: marjiuana)
what type of jurisdiction is the supreme court - original or appeallate?
it can actually both - it is generally an appellate court, with almost all cases being heard on appeal, but with a writ of certiorari, it could potentially provide the original jurisdiciton, though that is extremely unlikely
what 2 "bodies" of sorts does judicial review's independence check the powers of? which document explains this?
it checks the power of other institutions and state governments, and is explained in fed 78
after the marbury v. madison case, what was decided could trump legislation? doing so is a way to do what?
it was decided that litigation could sometimes trump legislation as a way to make public policy
how many justices did congress initially decide on in court? when did they extend it to 9?
it was originally at 6, but in 1869, it was set to 9
is it more or less likely for a case to come to the supreme court as appellate jurisdiction, rather than oringinal jurisdiction?
it's more likely - most cases come under the Court's appellate jurisdiction
what does a writ of certiorari enable to Court control a little bit better?
its own caseload
who can hold life terms so that they're free from political pressure? which branch(es) is this a check on?
judges in courts; the judicial branch therefore checks the legislative and executive branches in this instance
how do lifetime appointments help judges do their jobs better?
judges, especially supreme court judges, are supposed to remain politically neutral when making decisions, ESPECIALLY when questioning the constitutionality of a specific law or article. not needing to worry about kissing butt to their constituents and making decisions in order to please them helps them remain nuetral because no matter what they choose, they'll get their paychecks and get to keep their jobs. therefore, they can make the decision that THEY agree with, not anyone else or outside influences
what key power of the supreme court was established with the marbury v. madison case?
judicial review
what one power (established in 1803) is the foundation for all of the judicial branch's power?
judicial review (established in the marbury v. madison case of 1803 - get it?)
which court case set the foundation of the judicial branch and its indepdence/check on other institutions and state governments?
marbury v. madison of 1803
what is an example of the us government as a whole doing something that could be heard in federal court?
maybe they are trying to susepnd habeas corpus when it isn't a time of war or rebellion
did the framers specifically provide for judicial review?
no
are cases guarteneed to be heard at federal district courts if the grand jury provides a sentence?
no, actualy, getting a sentence just means that they actually will hear your cases - otherwise, they don't think there is anything there to try at their level
can the Court reach out and take cases from other, lower courts?
no, the cases hace to come to them
are judges impartial when carrying out law?
no, they interpret laws and make law when doing so too, so they are not impartial
how detailed were the founders when writing article 3 of the constitution?
not very detailed; they make it very broad and kind of just slapped it together, essentially explaing the layout of the supreme court, as well as that lesser issues should go to the district courts
what jurisdiction does a district court provide - original or appellate?
original
156 judges try over how many cases a year in the circuit courts?
over 18,000
how many cases have the federal district courts handled?
over 300,000
who did chief justice john marshall feel should interpret the constitution? who was doing so before?
reasoned judges should interpret it, not the President of Congress, who was doing so before
which section of article 3 spells out the supreme court?
section 1
which part of the constitution states that court couldn't enforce an unconstitutional law?
section 13 of the judiciary act
what is necessary for one to challenge a law of government action?
standing, meaning that one has actual true, significant reasons so sue or go to court over an issue
what types of laws/acts/actions can be declared unconstitutional via judicial review?
state and federal laws, as well as presidential actions can be declared unconstitutional via judicial review
what was decided in the mc.donald v. chicago case?
that the second amendment right to keep and bear arms for self-defense in one's home is fully applicable to the states through the 14th amendment
what was decided in the district of columbia v. heller case?
the Court held that a constititional right to gun ownership irrespective of service in a state militia existed
what does the Court have the power to interpret/determine the meaning and application of?
the broadly-worded laws of Congress, as well as the Constitution
how is a case presented to the supreme court? how many justices hear the case?
the case is tried by the entire court, and all 9 justices (or however many there are, should congress change the numbers) hear the appeal
what three reasons may the supreme court have for denying a case appealed to them via writ of certiorari?
the case may have lacked a substantial federal issue, the party may have lacked standing, or the Court may have agreed with the sentence of the lower court the case originally came from
what document is the supreme court the final arbitrator of?
the constitution
if the defendant chooses to make an appeal, which court would the go to after being dissatisfied with a district court?
the court of appeals
what is the next level, after the federal district court?
the court of appeals
what is judicial review the foundation of?
the judicial branch's powers
what is a writ of certiori?
the letter that people write to petition their case/issue to the supreme court
what is the difference between original jurisdiction vs. appeallate court?
the original jurisdiction is the first court that the case was taken to, but if the defendent/plaintiff doesn't get the result they wanted, they can take it to a different court, aka an appeallate court, to appeal again and see if they can get the sentence overturned.
who has the power to appoint any federal judge? therefore, which branch checks the judicial branch in this particular instance?
the president; executive branch
who has the power to confirm the federal judge appointments? therefore, which branch checks the judicial branch in this particular instance?
the senate; legislative branch
which court is the only one menitoned in the constitution?
the supreme court
where may decisions from the federal circuit court of appeals be appealed to?
the supreme court of the united states
how can a judge make laws?
they can interpret statues created by Congress and set precedents for lesser courts to follow
what does the Supreme Court have the power to overrule that may seem... contradictory?
they can overrule earlier decisions made by themselves if someone opens it back up and brings it to court again (they can't just open a case back up and rexamine it if they have free time - someone needs to actually bring it up again)
what type of issue can the Court solve? what type of issue can't they get involved with?
they can't setting political issues or questions between the president and congress (as they are supposed to remain nuetral, and that is not in their job description anyway); they are only allowed to handle issues relating to the constitutionality of something
what type of dispute between 2 or more states could be heard in the federal court?
they could be arguing over borders or who has control over what
what do decisions in the supreme court establish? who are these decisions binding/applying to?
they establish precedents that are binding to the ENTIRE NATION
provide some evidence about how often the Court reinterprets congressional statutes and the constitution
they have ruled over 1,000 state laws and 120 federal laws unconstitutional, and have reversed their past deciscions/rulings over 140 times since 1810 (ex: gideon case)
which two "organizations" of sorts do circuit courts of appeals hear cases from? (hint: one is from the judicial branch, one from the legislative branch)
they hear appeals from federal district courts and independent regulatory agencies
what does one mean when they say that there must be an "actual case" inorder for the Court to make a ruling?
they mean that the case or issue brought to the Court needs to have a great deal of importance and controversy surrounding it, as it is going to the highest court in the country; the Court can't create cases or controvery for them in order to hear them. other courts must also have already made a ruling on the particular case, with that ruling causing the controvery and doubt necessary to have it reach SCOTUS
how is judicial power considered passive?
they really don't go looking for work since they're pretty busy already, so the only time they get cases to hear is when those cases come to them
can federal district judges only work in one court, or do they travel?
they travel and often serve on multiple federal district courts at a time
how are the locations of federal district courts determined?
they're based on the amount of population in a given area (generally each state has at least one though)
what are grand juries used for? what is that? what does this mean? what does this not mean?
they're used to issue indictments, which are orders that charge an individual with a crime; doesn't mean one is guilty, but instead means that they will be tried
what type of cases go to federal courts?
those ralting with federal issues or offenses, such as martha steward and her inside trades, at it dealt with the economy, or treason becaue it's a capital offense
how many seperate court systems does the us have? what type of system is this called?
two - the state and federal court system - which is called a federal system
name an example of the supreme court overruling a previous decision they made
when brown overturned plessy in brown v. the board of education
what types of cases are those who can appeal to the supreme court under original jurisdiction (hint: there are three different scenerios)?
when the cases involve: - two or more states - us and a state government - use and a foreign diplomate/ambassador
when will judges begin to recieve compensation?
when they play nice and do their jobs correctly; basically, once they get their appointment approved, and until they get impeached, step down, or die
what is jurisdiction?
which level of court the case should be heard at
is the president packing courts or adding extra courts to the system constitutional? why?
yes, it technically is as long as they get the congress' permission, as the congress is able to control the amount of justices there are for each court, as well as the amount of courts there are
