Judicial Branch

1. What is concurring opinion? What is dissenting opinion?

Concurring opinion- often, one or more of the justices who agree with the Court's decision may write a concurring opinion- to add or emphasize a point that was not made in the majority opinion. The concurring opinions may bring the Supreme Court to modify its present stand in future cases. Dissenting Opinion- are often written by those justices who do not agree with the Courts majority decision. "An appeal to the brooding spirit of the law, to the intelligence of a future day."

15. How do supporters of judicial restraint differ from supporters of judicial activism?

Judicial restraint limits the powers of judges to strike down a law. As opposed to the progressiveness of judicial activism, judicial restraint opines that the courts should uphold all acts and laws of Congress and legislatures unless they oppose the United States Constitution.

9. Describe the role of judicial review in American constitutional government. Is the principle of judicial review consistent with the basic principles of democracy? Why or why not?

Judicial review is the power to declare a government action unconstitutional. The power of judicial review is often pushing the limits of power acceptable in a democracy.

6. What is the original jurisdiction, and how is it different than appellate jurisdiction?

Original jurisdiction - hears the case for the first time Appellate jurisdiction - hears cases appealed from lower courts

20. Outline the process by which most federal judges are nominated and approved. Why did the Framers create a system of judicial selection that requires the cooperation of the President and the Senate?

The President nominates federal judges and the Senate confirms the appointments For most judges, the President bases his nominations on the advice of the Senate. The Framers created a system of judicial selection where the Senate and President cooperate because they did not envision the office of president as having the attributes of royalty. They did not want decisions made by one person.

13. What was the outcome of the Supreme Court case Marbury v. Madison (1803)? Why was this case significant?

The decision expanded the power of the Supreme Court in general, by announcing that the 1789 law which gave the court jurisdiction in this case was unconstitutional.

11. Describe the various levels of courts in the federal judicial system.

US Supreme Court- 9 justices who handle cases that deal with the constitution. They have original and appellate jurisdiction. US Court of Appeals- reviews decisions made in the lawyer level courts. They may also review federal agency rulings. US District Courts- most federal cases are handled in these courts. Trials are held and lawsuits begin

17. Describe the process by which Supreme Court cases are accepted, argued, and decided.

more than 8,000 cases are appealed to the Supreme Court each term, but it accepts only a few hundred -at least four justices must agree to accept a case -refusing to hear a case does not mean the Cour agrees with the lower court's decision -over half of the accepted cases are remanded-returned to a lower court without the Court ruling on them -either party in a case may petition the Court to issue a writ of certiorari agreeing to review that case -a few cases reach the Court by certificate- when a lower court asks the SC to rule on a confusing issue

2. What are the inferior courts?

the lower federal courts, beneath the Supreme Court