Judicial Basics
What is the main job of the judicial branch?
Interpret the law
This is known as the highest court in the land. It can have original or appellate jurisdiction.
Supreme Court
How many cases does the Supreme Court hear per year?
How many of these are based on original jurisdiction?
Around 80, with only 2 to 3 being from the court's original jurisdiction.
How does the president affect the Supreme Court?
He can refuse to enforce a decision as well as he has the power to nominate justices to the bench.
What is judicial review?
Where did the Supreme Court get this power?
The ability to review laws and actions and determine whether or not they are constitutional.
Marbury vs. MadisonWhich Article of the Constitution set up the judicial branch?
Article III
This court hears appeals from district courts where the cases are heard and decided by a panel of 3 judges.
Court of Appeals
When considering someone for a federal judgeship, what will the President most likely take into consideration?
The candidate's ideology and judicial philosophy
According to Federalist No. 78, why is the judicial branch commonly known as the "weakest" branch of government?
Because it does not have the power of the purse or the ability to enforce its rulings. It has to rely on the other branches to do that.
What is the main idea behind judicial activism?
That the Court should act as an instrument of policy, overturning Congressional legislation to further their policy goals.
What is the difference between original jurisdiction and appellate jurisdiction?
Original= right/power to hear the case first
Appellate= right/power to hear appealed cases
When does the Supreme Court have original jurisdiction?
In cases involving ambassadors or public ministers, or two or more states, or a state and the federal government.
What is the main idea behind judicial restraint?
That judges should pay close attention to the precedent when they make their decisions, and that any changes that they make to the law should be incremental.
What is required for the Supreme Court to hear and decide on a case?
That 4 of the 9 justices agree to hear and decide on the case. Known as the "rule of four".
What is senatorial courtesy?
The president takes the recommendations for a district court judgeship from the senators of that state.
How can Congress affect the judicial branch?
They determine the number of justices on the Supreme Court, approve nominations to the bench, determine the number of district courts, and determine the number of appeals courts.
These courts have original jurisdiction and hear the most criminal cases in the country. This court's trials are decided by a jury.
District courts
What does "stare decisis" mean and what is it referring to?
"Let the decision stand" referring to the Supreme Court's practice of rarely overturning previous decisions.
What is a class-action law suit?
A lawsuit where a small number of people who have been affected sue on behalf of all people affected.
Why is the selection of federal judges a contentious process?
Because they have life terms, they can have an affect long after the president who appointed them has left office.
Provide 3 ways federal judges are shielded from public and political pressure.
1. Salaries cannot be reduced during their time in office.
2. Not an elected position
3. Have lifetime appointments
Describe the difference between the court upholding a decision, overturning a decision, and remanding a decision.
Uphold: Agree with the lower court's decision
Overturn: Overrules the lower court's decision
Remand: Sends the case back to the lower court to be redecided
Explain the difference between majority, concurrent, and dissenting opinions.
Majority- the ruling of the case; has the power of law
Concurring- agree with majority, but for different reasons; does not have the power of the law
Dissenting- disagrees with the majority; does not have the power of the law; can be used if ruling is later overturned.
What is the difference between criminal and civil law?
Criminal: Law has been broken, face jail time
Civil: Plaintiff has been "injured" by the defendant; does not face jail time
Describe "court packing" and why Congress or a President might call for it.
The act of packing the United States Supreme Court by increasing the number of justices in an attempt to change the ideological makeup of the court.
The current court rules against the president or Congress' actions (a la FDR).