Chapter #8 The Judicial Branch
8.1
1. What did the Supreme Court decide in the Ex parte Endo case?That the internment of the Japanese was an injustice
2. What do the courts do?Use established law to settle civil disputes and guilt or innocence
3. What phrase will you find on the outside of the Supreme Court building and what does it mean?“Equal Justice Under Law” Everyone must be treated equally in our court systems
4. Which Article founded the Courts and which court did it first create? III, the Supreme Court
5. When was the Judiciary act passed and what did it do?1789, established district courts
6. What did Congress create in 1891?Created the Appellate courts
7. If a case involves the Constitution which court would hear that case?Federal Court
8. Describe the difference between exclusive and concurrent jurisdiction? Exclusive means only a specific court can hear a case. Concurrent means a case can be heard by either court.
9. List the three different levels of courts?Federal, District, Supreme
10. Which judicial court circuit covers the state of Alabama? 11
8.2
1. How many district courts do we have?94
2. What is the purpose of Federal District Courts?To determine the facts of a case they are the trail courts for both criminal and civil federal cases
3. What is the only court to have juries and witnesses?District courts
4. Which court hears cases involving patent or international trade?Court of Appeals for the Federal circuit
5. What does it mean if a judge remands a case? Sends it back to a lower court
6. Why are writing opinions such an important part of the judicial process?Its offers a detailed explanation of the legal thinking that was behinds the courts decision for that case. The opinion sets a precedent for future cases.
7. How long may a federal judge hold their position? For life or good behavior
8. What is senatorial courtesy?Before naming a candidate to the Federal Court the President submit’s their names to the Senators from their home state for approval before making an official recommendation.
9. The Appellate courts can not decide guilt or innocence, so what type of rulings can they make? Uphold, Reverse, or remand
10. What is the process/common practice of selecting Supreme Court justices?Selecting someone who upholds their same political views and would support their values in court.
8.3
1. What is the main job of the Supreme Court?To decide if laws and rulings are allowable under our Constitution
2. What type of cases does the Supreme Court have the original jurisdiction in? Trials involving foreign diplomats and cases involving states
3. Does the Supreme Court have to hear all cases that are presented to it?No they do not
4. What does “Constitutional” mean? What happens if a law is ruled to be unconstitutional? Means laws and actions that are allowed by the Constitution. It is canceled or done away with
5. What important power did the Marbury case establish?The power of judicial review
6. How can Congress get around Supreme Court rulings?By changing the law or writing new laws
7. How can the President check the power of the Supreme Court? Can refuse to enforce a courts ruling
8. Who does the Supreme Court count on to enforce their rulings?The Executive Branch
8.4
1. When is the Supreme Court in session?Form October through June or July
2. How many justices have to agree to hear a case before they accept a case?4 out of 9
3. What is a court docket and what is it used for? It is a calendar for the courts and it’s what they post their accepted cases on.
4. Why do lawyers prepare briefs for the court?To explain their sides position on the case. The justices study the briefs before going to court so they have a background on the case they are about to hear.
5. What is the difference between a majority opinion, a dissenting opinion, and a concurring opinion?
6. Why must the Supreme Court print all of its opinions?Courts around the country use their opinions to rule on similar cases this act is know as precedent.
7. What are the four reasons behind Supreme Court decisions?The Law, social conditions, the justice’s legal views, and the justice’s personal beliefs
8. Why are precedents so important in Supreme Court decision making? All courts try to follow similar rulings for similar cases so that the laws are equally enforced, predictable, and consistent through out the country.