AMERICAN GOVERNMENT

 Red Flag Questions

Pages 220-225

CHAPTER 8: THE FEDERAL COURTS AND THE JUDICIAL BRANCH

SECTION 1: The Federal Court System

THE AMERICAN COURT SYSTEM

  • What three basic tasks do courts perform?

A Dual Court System

  • Who decided how to interpret laws passed by congress before the Constitution and what problem arose because of this?
  • What is the dual court system?
  • Where does a state court’s power flow from? Federal court’s power?

Jurisdiction

  • jurisdiction
  • What type of matters does the state court hear? Federal courts?
  • exclusive jurisdiction
  • concurrent jurisdiction
  • plaintiff
  • defendant
  • original jurisdiction
  • appellate jurisdiction

STRUCTURE OF THE FEDERAL COURT SYSTEM

  • Where might one find details about the judicial branch in the Constitution?
  • Why were the framers intentionally vague in providing details about the judicial branch?

Judiciary Act of 1789

  • What three-tiered structure of the court system did this act propose?

District Courts

  • What is the purpose of the district courts?
  • criminal cases
  • civil cases
  • How many district courts are there?

Courts of Appeals

  • circuit
  • Judiciary Act of 1891
  • What types of cases do the courts of appeals hear?
  • How many courts of appeals are there?

The Supreme Court

  • What type of court is the Supreme Court?
  • Why is it referred to as the ultimate appellate court?
  • In what matters does the Supreme Court have original jurisdiction?
  • How many judges serve on the Supreme Court?
  • How many requests to review cases does the Supreme Court receive?
  • What do Supreme Court cases usually involve?
  • On average, how many cases does the Supreme Court hear every year?

Other Courts

  • What are “Article 1 Courts”?
  • What limitations are placed on Article 1 judges?

APPOINTING FEFERAL JUDGES

  • What is the president’s and Senate’s role in selecting judges?

Legal Expertise

  • What role does the American Bar Association play in federal court nominations?

Party Affiliation

  • Why would a president nominate a judge who shares the same party affiliation?

Judicial Philosophy

  • judicial restraint
  • judicial activism
  • precedent
  • What is the meaning of stare decisis and how might it affect a judges ruling?

Opinions of the Senate

  • senatorial courtesy
  • Why does senatorial courtesy play no role in nominations to courts of appeals or to the Supreme Court?
  • Why do presidents consult with senators before making their nominations?

CHECKS AND BALANCES

Judicial Review

  • What is the power of judicial review?

Checks on the Judiciary

  • How does the appointment process provide an important check on the judiciary?
  • Why does making judgeships permanent help insure judicial independence?
  • Why does the Constitution protect a judge’s salary during their service
  • How would an Amendment offer another check on the judiciary?