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The judicial branch
- 1. Review Part I The Judicial Branch
- 2. 1.What is the purpose of the Judicial Branch? To interpret the laws as they apply to the constitution.
- 3. 2. Who appoints the members of the Supreme Court? The President
- 4. 3. Who approves or rejects the appointments? The Senate
- 5. 4. What check and balance does the supreme Court have over the executive and legislative branches? Invalidating laws it decides are unconstitutional?
- 6. 5. For how long is an appointment to the supreme court? For life
- 7. 6. What condition does the constitution impose on judges in order to hold their offices? Good behavior
- 8. 7. How many Supreme Court Justices have been impeached? one
- 9. 8. What is the difference between being a judge and a justice? None
- 10. 9. What are two examples of influential supreme Court decisions? Dred Scott v Sandford 1857 Brown v the board of Education of Topeka, Kansas 1954
- 11. 10. What did the Dred Scott v Sandford decision say? That in all states slaves were considered property of their owners
- 12. 11. Why was this influential? It was one of the causes of the Civil War
- 13. 12. What did Brown v the Board of Education of Topeka Kansas say? It outlawed public school racial discrimination
- 14. 13. Why was this influential? It sparked the modern civil rights movent
- 15. 14. How does the President check and balance the Supreme Court? By appointing the judges
- 16. 15. How does the Senate check and balance the Supreme Court? By accepting or rejecting court appointments
- 17. 16. How was the Supreme Court established? By Article 3 of the U.S. Constitution
- 18. 17. How were the lower courts established? Inferior state courts were established by Congress State courts were established by State governments
- 19. 18. What are the courts under the Supreme Court? Appeals Courts District courts State and other lower courts
- 20. 19. Why are these courts called “inferior?” Because they can be overruled by the Supreme Court
- 21. 20. What is Judicial Review? The authority of the Supreme Court to examine the actions of the legislative and executive branches to ensure that they are constitutional The ruling on decisions of lower courts when those decisions are challenged or “appealed”
- 22. 21. What did the Marbury v Madison in 1803 say? Any act of Congress which conflicts with the constitution is null and void The supreme court is the supreme interpreter of the constituion
- 23. 22. How many Supreme Court justices are there? 9
- 24. 23. What is the voting structure of the Supreme Court? A majority vote of the entire court is decisive A tie vote sustains a decision of a lower (“inferior”) court One vote one justice
- 25. 24. What is the supreme court’s jurisdiction? Original – cases the supreme court hears for the first time involving controversies between states, state and federal government, states and citizens and others involving admiralty and maritime issues. Appellate – cases that have worked their way through the inferior courts. Here the Supreme considers questions of constitutionality and can at its discretion review other court decisions.
- 26. 25. How is it decided which cases the Supreme Court will hear among thousands of petitions? Four justices must vote in favor of doing so
- 27. Part II
- 28. 26. What are two types of legal cases? Civil cases and criminal cases
- 29. 27. Who brings cases against people accused of breaking the law (criminal cases)? The government
- 30. 28. What are civil cases? Cases brought by one party against another over things like broken contracts and non-criminal property damage of injury
- 31. 29. What is Juvenile Court? The court where minors go if they break the law
- 32. 30. What are the two basic court systems in the U.S? Federal and State
- 33. 31. What cases are covered by State Courts? Those dealing with state laws and state constitutions
- 34. 32. Where are the vast majority of cases both civil and criminal dealt with? State Courts
- 35. 33. Where are cases first heard? State trial courts
- 36. 34. What is a trial? A hearing where each side argues its case before a judge or a jury
- 37. 35. What does the loser of a case do if he isn’t satisfied by the outcome of a trial? Appeal it
- 38. 36. What is an appeal? When a higher court is asked to review a case
- 39. 37. What if the loser in a case does not like the outcome from a state appeals court? It can be appealed to a State Supreme Court
- 40. 38. What do appeals courts and supreme courts have instead of juries? Panels of judges
- 41. 39. What kind of cases are heard by Federal Courts? Those having to do with laws that apply to the whole country, including civil cases involving federal law Disputes between citizens of different states Those involving federal crimes.
- 42. 40. What are federal crimes? Violations of the U.S. Constitution or of laws passed by Congress
- 43. 41. What are the 3 levels of Federal Courts? Federal District Courts (Circuit Courts) Federal Courts of Appeals The Supreme Court
- 44. 42. How many regions (or circuits) are there for Federal District Courts? 12
- 45. 43. About how many cases does the Supreme Court hear per year? 100