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Government Test 9
| Question | Answer |
|---|---|
| Define Jurisdiction. | A court’s authority to hear and decide a case. |
| Define Original Jurisdiction. | The authority of a court to be the first court to hold trials in certain kinds of cases. |
| Define Concurrent Jurisdiction. | Cases that fall under jurisdiction of both state and federal courts. |
| Define Exclusive Jurisdiction. | The sole right to hear and decide a certain type of case, depending either on the subject matter of a case or the parties involved. |
| Define Appellate Jurisdiction. | The authority of some courts to review decisions made by lower courts. |
| Define Plaintiff. | The person making a legal complaint in court. |
| Define Defendant. | The person against whom a complaint is filed. |
| Define Writ of Certiorari. | An order by a higher court seeking review of a lower court case. |
| Define Majority Opinion. | The Supreme Court’s ruling in a case that is signed by at least five of the nine members of the Court. |
| Define Concurring Opinion. | Statements by Supreme Court justices who agree with the overall conclusion in the case, but stress some different or additional legal reasoning. |
| Define Dissenting Opinion. | Statement written by Supreme Court justices who disagree with the majority’s decision; these opinions do not have a direct legal impact on the case, but they can influence future judgments. |
| Define Redress. | Making amends or giving indemnification for a wrong. It may refer either to the act of setting right an unjust situation. |
| Define District Court. | The general trial courts of the federal court system. Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. |
| Define Court of Appeals. | An intermediate level of court, between trial courts and the Supreme Court, which hears these cases on appeal from a lower court. Each state has its own court of appeals for cases involving state law. |
| Define Judicial Review. | The power of the judicial branch to check the power of the legislative and executive branches by declaring their acts unconstitutional. |
| Define Judicial Restraint. | The concept that a judge should interpret the Constitution according to the Framers’ original intentions. |
| Define Judicial Activism. | The concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances. |
| Why is the judicial system independent from the rest of our government? | It helps to safeguard the rule of law—the belief that no person is above the law and all persons are entitled to equal justice under the law. |
| What functions do the courts perform? | -Determine whether a law has been broken and what penalties can be applied, -Decide how to provide relief for those who have been harmed by the actions of another. -Determine the meaning of a particular law or of the Constitution itself. |
| Why were the federal courts created? | Previously, state courts decided how to interpret laws passed by Congress. Frequently, the decisions of the state courts contradicted each other, leaving people uncertain about what the law really was. The Framers sought to clarify the situation, |
| It is important to note that ________ ________ hear the vast majority of cases in the United States. | State Courts. |
| Where do the powers of the federal court come from? | The U.S. Constitution and federal laws. |
| What cases does the Supreme Court have exclusive jurisdiction on? | -Interpretation and applications of the Constitution, federal laws, or treaties. -Admiralty and maritime law (law pertaining to maritime activities). |
| True or False: The Constitution does not go into great detail about the judicial branch or its structure. | True. |
| Who did the Framers leave it to to decide what kind of courts were needed? | Congress. |
| What did the Judiciary Act of 1789 do? | This act fleshed out the details of the Supreme Court. It also proposed a three-tiered structure for the federal courts. The three tiers were the district courts, circuit courts, and the Supreme Court. |
| What do District Courts do? | District courts are spread throughout the country and serve as the trial courts of the federal system. That means they have original jurisdiction over nearly all the criminal and civil cases heard in the federal system. |
| What are criminal cases? | Criminal cases involve violations of criminal laws, such as those against murder or kidnapping. |
| What are civil cases? | Civil cases involve disputes between private individuals or groups, such as over money or property. |
| How many federal judicial districts are there? How many are required in each state? | 94. -At least one. |
| What else did the Judiciary Act of 1789 do? | It established a layer of courts above the district courts called circuit courts, which referred to the fact that the courts originally had no fixed location. Judges would literally travel through the circuit, or designated region, hear cases. |
| What did the Judiciary Act of 1891 do? | Transformed the circuit courts into strictly appellate courts. Hence, their current name: the courts of appeals. |
| What do the Court of Appeals do? | It hears appeals from district courts and also from those federal agencies that have rule-making and rule- enforcement powers. |
| The United States is currently divided into ___ different circuits | 12. |
| The Supreme Court is mainly an ______ court—the ultimate ______ court, as a matter of fact. | -Appellate. |
| When does the Supreme Court have original jurisdiction? | Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party. |
| Since 1869, the Court has had how many members? | A chief justice and eight associate justices. |
| Who decides which cases are heard in the Supreme Court? | The Supreme Court themselves. |
| What type of cases does the Supreme Court usually hear? | The cases usually involve major questions about the meaning of the Constitution or about federal law. |
| Who nominates federal judges? Who approves them? | The President nominates them and the Senate approves them. |
| What factors does the President take into consideration when deciding who to nominate for Supreme Court? | -Legal expertise. -Party affiliation. -A judge’s judicial philosophy. -The approval of the Senate. |
| True or false: The Constitution does not require legal expertise. | True. |
| True or false: Presidents usually nominate judges with whom they share a party affiliation. | True. |
| What is a Supreme Court justices term limit? | None. They serve for life. |
| What are the two ends of the spectrum for deciding a justice's judicial philosphy? | Judicial Restraint and Judicial Activism. |
| Define precedent. | Previous court rulings on a given legal question |
| True or false: The judge is likely to overturn earlier decisions rather than rule based on precedent. | False. The judge is likely to rule based on precedent rather than overturn earlier decisions. |
| Define senatorial courtesy. | The tradition that a senator from the same state as a nominee to a federal district court and the same political party as the president can block a nomination for virtually any reason |
| What role does senatorial courtesy play in nominations to court of appeals or the Supreme Court? | Senatorial courtesy plays no role in nominations to courts of appeals or to the Supreme Court. - |
| Why doesn't the President use senatorial courtesy when deciding the Supreme Court or court of appeals judges? | Those courts hear cases originating in more than one state. Giving a single senator veto power over such nominations would unduly restrict the process. |
| Why do Presidents try to avoid drawn out debates over judge nominations? | Presidents know that senators can resort to filibusters and other tactics to block a nomination. |
| What did the Marbury vs Madison case establish? | Judicial review, meaning the Supreme Court has the power to rule on whether laws or executive actions violate the Constitution. |
| Who can remove federal judges? How? | Congress through the impeachment process. |
| Can judges be removed for political views? | No. |
| Can Congress change judges pay as a way to affect their decisions? | The Constitution further protects judicial independence by saying that judges’ pay cannot be reduced during their term. |
| Besides impeachment, how can the legislative branch check the judicial branch? | An amendment can make a formerly unconstitutional act constitutional. |
| How many Supreme Court Justices are there? | 9. |
| After Civil War, the Supreme Court tended to view economic regulation as something that... | Was an assault on property rights. |
| What are briefs? | The written arguments of each side to an appeal. |
| What is a writ of certiorari? | Order seeking review of a lower court case. |
| Appeals from the US Court of Appeals for Veterans Claims reach the Supreme Court through the... | US Court of Appeals for the Federal Circuit. |
| What is an appellant? | A person who files an appeal. |
| What is a majority opinion? | An opinion signed by at least five members of the Supreme Court. |
| What is the Senate Judiciary Committee? | Group that holds confirmation hearings of Supreme Court nominees. |
| What is a plaintiff? | Person making a legal complaint. |
| What is a misdemeanor? | A minor criminal case. |
| What is a public defender? | A lawyer appointed to defend people who cannot afford legal representation. |
| What sorts of cases are tried before federal courts? | The Constitution explicitly assigns some types of cases to the federal courts, such as those involving residents of different states or the United States and a foreign government. |
| Which court handles the most cases a year? | District Court. |
| Define Grand Juries. | Panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges |
| Are grand juries used in civil cases? | No. |
| Define Bankruptcy. | A legal process by which persons who cannot pay money they owe others can receive court protection and assistance in settling their financial problems. |
| Do federal judges handle bankruptcy? | Yes. |
| What does the judge do in a court case? | The judge’s main job is to preside over trials. He or she makes sure trials follow proper legal procedures to ensure fair outcomes. The judge also instructs juries about the matters of law they are to decide. |
| In some cases, the participants in a trial may agree not to have a jury. In such cases... | The judge decides the case. |
| As Article I judges, how long do bankruptcy judges serve? | 14-year terms. |
| What is a magistrate judge? | District court officials responsible for overseeing some of the early hearings of a criminal trial at which routine matters are carried out, and who may also hear misdemeanor criminal cases and certain civil cases. |
| Magistrate judges are appointed by the _____ _____ judges to terms of ________ _______. | -District Court. -Eight years. |
| Each district court has how many clerks of the court? What do they do? | -One. -This person performs such nonjudicial jobs as maintaining court records, handling money received in fines and fees, and overseeing the jury recruitment process. |
| What does the U.S. Attorney do? | The U.S. attorney’s job is to represent the United States government in federal court. When a person is charged with a federal crime, for example, the U.S. attorney, or an assistant, acts as prosecutor. That is, he or she tries to win a guilty verdict. |
| U.S. attorneys are appointed by the _______, subject to _____ ______, and serve a ______-______ term | -President. -Senate approval. -Four-year. |
| Who can remove a U.S. attorney before their term is over? | The President. |
| What is a public defender? | Lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel. |
| Public defenders are appointed by... | The panel of the judges who make up the court of appeals. |
| Define marshals. | Law enforcement officers who provide security and police protection at federal courthouses, transport prisoners, help track down and arrest people accused of crimes, and provide protection to witnesses in federal cases. |
| The head of each U.S. Marshals office is appointed to a _____-_____ term by the ______, with the advice and consent of the ________. | -Four- year. -President. -Senate. |
| The lower courts is made up with the... | District Courts. |
| The middle tier of the federal court system is made up of the... | Courts of Appeals. |
| How many federal courts are there? | 13. |
| What type of court is the court of appeals? | An appellate court. |
| What do the court of appeals do? | They hear cases on appeal from the district courts within their circuit. They also hear appeals from various administrative agencies of the federal government. |
| How do lower courts resolve disputes, interpret the law, and set precedents? | District courts are spread throughout the country and serve as the trial courts of the federal system. That means they have original jurisdiction over nearly all the criminal and civil cases heard in the federal system. |
| How do middle courts resolve disputes, interpret the law, and set precedents? | When they were created, the circuit courts had original jurisdiction over some types of federal cases. They also heard appeals from cases from the district courts. The Judiciary Act of 1891 transformed the circuit courts into strictly appellate courts. |
| How has the role of the Supreme Court changed over time? | They formalized details of the Court’s organization. Originally, the Court had 6 justices. Since 1869, the Court has had a chief justice and 8 associate justices. Congress has also passed legislation that has altered the Court’s appellate jurisdiction. |
| Explain how the Supreme Court operates. | The Supreme Court is the ultimate appellate court. There are a few times the Supreme Court has original jurisdiction. The Court chooses which cases it wants. The cases usually involve major questions about meanings of the Constitution or federal law. |
| Members of the military are subject to the... | Uniform Code of Military Justice. |
| Define court martial. | Hearings held for the trial of military personnel accused of violating military law. |
| Congress has created a court to hear appeals from these courts-martial. The five judges of this court are _____. Why? What terms do they serve? | -Civilian. -As civilians, they are not subject to the military command structure. -They serve fifteen-year terms. |
| What is the job of The Foreign Intelligence Surveillance Court? What terms do these justices serve? Who are they appointed by? | Its job is to review and authorize requests by the government to conduct spying operations on American soil if it determines that the target of the investigation is an “agent of a foreign power.” -Seven-year terms. Appointed by Chief Justice of the US. |
| What is the job of The Alien Terrorist Removal Court? What terms do these justices serve? Who are they appointed by? | It reviews requests by the U.S. attorney general to remove from the country an individual suspected of being a terrorist. Judges are appointed to this court by the Chief Justice of the Supreme Court and serve five-year terms. |
| Who has governing responsibility for Washington, D.C., and the U.S. Territories of Guam, the Virgin Islands, and the Northern Mariana Islands? | Congress. |
| What was the beginning of the change of the Supreme Court? How did this change it? (Hamilton's direction) | The appointment of John Marshall to Chief Justice. By the end of his 34 years on the Court, the judiciary had become an equal partner and a full participant in the system of checks and balances. |
| What did the McCulloch v. Maryland establish? | Necessary and Proper Clause. |
| What did the Gibbons v. Ogden establish? | It helped assert the federal government’s power to regulate interstate commerce. |
| What was the impact after the Dred Scott v. Sandford? | One later scholar summed up its impact by labeling the decision as “the greatest disaster the Supreme Court has ever inflicted on the nation.” |
| What happens if the Court denies certiorari? | The ruling of the lower court stands. |
| A less common route to the Supreme Court is through the highest state courts. How does this work? | If a state case has exhausted all appeals and involves a question about the Constitution or federal law, the Supreme Court may grant certiorari. |
| How many cases does a Court choose a year (approximately) now? | 100. |
| Define a docket. | The list of cases to be heard before a court. |
| What is involved in the Court "hearing" a case? | -The first step is reading briefs. -The justices listen to oral arguments. -The justices meet privately in conference to discuss the case. |
| What does a good brief do? | A good brief identifies past cases that support a particular point of view. It lays out a clear and convincing legal argument in favor of a specific judgment. |
| During oral arguments, lawyers representing each side have precisely _____ ______ to present their case. | -30 minutes. |
| The most common way for a case to come to the Supreme Court is on... | Appeal from a federal court of appeals. |
| Define plenary review. | The Court’s full review of cases, complete with briefs, oral arguments, and written decisions. |
| All Supreme Court Justices have had... | A background in law. Most have served as federal judges. |
| Presidents typically nominate individuals who are affiliated with their own _____ _____. | Political Party. |
| The Supreme Court term begins each year on the... | First Monday in October. |
| District court hears ____% of all cases. | 80%. |
Created by:
OliviaRoark
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