JUDICIAL BRANCH REVIEW

Under the Articles of Confederation, what courts had all the authority?

State Courts…no Judicial Branch

Judicial branch was created under which article of the Constitution?

Article III

How does the Judicial branch check the Executive branch?

Supreme Court can declare executive acts unconstitutional

How does the Executive branch check the judicial branch?

President appoints justices

Today, the US has a _____ system of courts.

dual

Having a dual system of courts means we have both _________ and __________ courts.

Federal and state

What is the difference between federal and state courts?

Federal courts decide on cases involving the constitution and federal laws. The state courts decide on cases involving state laws.

What are the two types of cases heard in any court?

Civil and Criminal

What is the difference between civil and criminal cases?

Civil cases are between two parties and criminal cases are when the accused has broken a law.

Congress created the federal district courts through what act?

Judiciary Act of 1789

What is a federal crime?

a crime that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property.

What does jurisdiction mean in the judicial branch?

• The authority of the courts to hear certain cases

What are the 3 types of jurisdiction?

Original, appellate, and concurrent

What is original jurisdiction?

The court that has the right to hear the case for the first time

What is appellate jurisdiction?

Courts that review cases that have been appealed in lower courts

What is concurrent jurisdiction?

A case that can be tried on the federal or state level.

What courts have original jurisdiction?

Federal district courts and the Supreme Court

What courts have appellate jurisdiction?

Federal court of appeals and Supreme Court

How many district courts does each state have?

At least one…it depends on the population

How long do federal district court judges serve?

For “life”

What is a defendant?

The party being charged or accused

How many people serve on a standard jury?

12

How many jurors decide an appellate case?

none

A panel of how many judges decides appellate cases?

3

A vast majority of cases heard by the supreme court are what type of cases?

appellate

How many justices preside over the Supreme Court?

9…1 chief justice and 8 associate justices

Who is the current chief justice?

John Roberts

Name 2 associate justices (can just be last names)

• ANTONIN SCALIA• ANTHONY M. KENNEDY• CLARENCE THOMAS• RUTH BADER GINSBURG• STEPHEN G. BREYER• SAMUEL A. ALITO, JR.• SONIA SOTOMAYOR• ELENA KAGAN

What are the qualifications for being a judge?

There aren’t any

Why do judges serve for “life”?

allows judges to be free from political pressures when deciding cases (don’t have to worry about being re-elected)

How are judges removed from the bench?

Impeachment AND conviction

What are 2 things the president considers when nominating a supreme court justice?

• Party affiliation – chooses judges from their political party

• Judicial philosophy – chooses judges who share their political ideology

• Race, gender, religion, region• Judicial experience – previous experience as

judge or attorney• “litmus test” – chooses a judge based on their

view on 1 single issue (ex. Abortion)• Acceptability – chooses a judge who is non-

controversial and will be easily confirmed by the Senate

Who was the first African American supreme court justice?

Thurgood Marshall

Who was the first female supreme court justice?

Sandra Day O’Connor

What are the two reasons most cases brought to the Supreme Court are not heard?

1.) Justices agree with the lower court decision.

2.) Justices believe the case does not involve a significant point of law

How many justices have to agree to hear the case in order for it to be heard?

4 out of 9

What is a writ of certiorari?

an order by the Court (when petitioned) directing a lower court to send up records of a case for review

What is a case brief?

• A detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases

What are the three types of opinions of the Supreme Court?

1.) Majority Opinion – opinion agreed upon by a majority of the justices

2.) Concurring Opinion – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the decision

3.) Dissenting Opinion – written by a justices or justices who disagree with the majority opinion

Name a famous case decided by Chief Justice Earl Warren

• Brown v. Board of Education (1954) – ended segregation in public schools

• Gideon v. Wainwright (1963) – states required to provide attorneys for those accused of a crime

• Miranda v. Arizona (1966) – police have to inform anyone questioned of their rights in order to use the information in court

Name a famous case decided by Chief Justice Warren Berger

• Roe v. Wade (1973) – declared abortions legal with special time constraints

• U.S. v. Nixon (1974) – ruled that President Nixon’s private recordings were not protected under presidential privilege and ordered them be turned over to the house investigators

Name a famous case decided on by Chief Justice William Rehnquist

• Planned Parenthood v. Casey (1992) – upheld and ruled constitutional a Pennsylvania law requiring a minor to wait 24 hours after receiving parental approval before getting an abortion – but ruled unconstitutional a provision that required a woman to obtain “informed spousal consent” before having an abortion

• Roper v. Simmons (2004) –declared that the death penalty was unconstitutional for anyone under the age of 18

What is the difference between Judicial Activism and Judicial Restraint?

Activism is having an active role in legislature. Restraint is operating strictly within the constraints of the Constitution.

How many courts of appeals are there?

12

What is a plaintiff?

The party bringing the charges

How does the Judicial Branch check the legislative branch?

Judicial branch can declare laws unconstitutional

How does the legislative branch check the judicial branch?

Congress has to approve judicial appointments