Judicial Review and Federal Court System

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Questions and Answers

What can the Supreme Court rule on the constitutionality of a law?

Using judicial review, they can strike down a law they deem unconstitutional.

What do US Attorneys do?

Represent the US government in federal court cases.

What decisions can appeals courts make?

Dismiss

Remand (correct)

Overturn (correct)

Uphold (correct)

What are the main reasons federal judges are given tenure?

So they are not influenced by public opinion. Signup and view all the answers

The Court's decision in Plessy v Ferguson provided the legal justification for what?

Segregation. Signup and view all the answers

What types of trials are held in district courts?

Civil and criminal. Signup and view all the answers

How do judges use precedent when arriving at an opinion?

They use precedent in order to maintain a consistent interpretation of the Constitution. Signup and view all the answers

What was the significance of the decision in Marbury v Madison?

<ol> <li>Declared Constitution as Supreme Law of the Land; 2. Established judicial review; 3. Said that the judicial branch has a duty to uphold the Constitution.</li> </ol> Signup and view all the answers

What was established by the Judiciary Act of 1789?

Lower federal courts. Signup and view all the answers

Who appoints federal judges?

The president. Signup and view all the answers

How many circuit courts are there?

<ol start="13"> <li></li> </ol> Signup and view all the answers

Who can limit the power of the Supreme Court?

The legislative branch. Signup and view all the answers

In which article of the Constitution is the Supreme Court outlined?

<ol start="3"> <li></li> </ol> Signup and view all the answers

Which Supreme Court ruling from the early 1800s showed the limits of the Supreme Court?

Worcester v Georgia - Andrew Jackson ignored the decision and made the Native Americans move anyway. Signup and view all the answers

What cases do federal courts have exclusive jurisdiction?

Disputes between states and cases involving foreign diplomats. Signup and view all the answers

What kinds of cases are heard in federal courts?

Cases involving the Constitution, federal law, or the federal government. Signup and view all the answers

What are appeals courts?

A court that reviews decisions made in lower district courts. Signup and view all the answers

What is a concurring opinion?

When a justice favors the same way as the majority but for a different reason. Signup and view all the answers

What does it mean for a law to be constitutional?

Law that follows the Constitution. Signup and view all the answers

What does a district court do?

Sees criminal and civil cases and has original jurisdiction. Signup and view all the answers

What is a docket?

A court's calendar, showing the schedule of cases it is to hear. Signup and view all the answers

What is exclusive jurisdiction?

Authority of only federal courts to hear and decide cases. Signup and view all the answers

Who are litigants?

People engaged in a lawsuit. Signup and view all the answers

What is a majority opinion?

The opinion of the majority of the justices in a Supreme Court ruling. Signup and view all the answers

What does it mean to nullify?

Make legally invalid. Signup and view all the answers

What is a unanimous opinion?

When all of the Supreme Court justices agree on a ruling. Signup and view all the answers

What is appellate jurisdiction?

Authority of court to review a decision of a lower court or administrative agency. Signup and view all the answers

What is a brief?

Lawyer's written argument in a Supreme Court case. Signup and view all the answers

What is concurrent jurisdiction?

Authority for both state and federal courts to hear and decide cases. Signup and view all the answers

What is a dissenting opinion?

Opinion of a justice who disagrees with the ruling. Signup and view all the answers

What is judicial review?

The court's ability to strike down an unconstitutional law. Signup and view all the answers

What is original jurisdiction?

The jurisdiction of courts that hear a case first, usually in a trial. Signup and view all the answers

What is a precedent?

A decision made by a higher court that is binding on all other federal courts. Signup and view all the answers

What does it mean to remand?

Send back to lower courts for a new trial. Signup and view all the answers

What is stare decisis?

"Let the decision stand," refers to the practice of using earlier court decisions to decide cases. Signup and view all the answers

What are writs of certiorari?

Requests the Supreme Court to hear the case. Signup and view all the answers

Study Notes

Judicial Review and Constitutionality

Supreme Court can rule on the constitutionality of laws through judicial review, allowing it to strike down unconstitutional laws.
Judicial review was established in Marbury v. Madison, asserting the Constitution as the supreme law and defining the court's role in upholding it.

Roles of Federal Attorneys and Judges

U.S. Attorneys represent the government in federal court cases, ensuring adherence to federal laws.
Federal judges have lifetime tenure to prevent external influences, like public opinion, from affecting their decisions.

Appeals Courts and their Decisions

Appeals courts can uphold, remand, or overturn lower court decisions, maintaining a system of checks.
They serve to review and confirm the correct application of law in prior cases.

Supreme Court Decisions

The ruling in Plessy v. Ferguson legitimized segregation, establishing "separate but equal" as a legal doctrine.
Worcester v. Georgia exemplifies the limitations of the Supreme Court when an executive branch ignores its rulings.

Court Types and Jurisdictions

District Courts handle civil and criminal trials, possessing original jurisdiction to hear cases first.
Federal courts have exclusive jurisdiction over interstate disputes and cases involving foreign diplomats.
Appellate jurisdiction allows higher courts to review lower court decisions, while concurrent jurisdiction permits both state and federal courts to hear certain cases.

Court Proceedings and Legal Terms

Briefs are written arguments submitted by lawyers in Supreme Court cases.
Dockets outline a court's schedule, displaying cases set for hearing.
Terms like "precedent" and "stare decisis" are pivotal in maintaining legal consistency, ensuring that earlier decisions influence current rulings.

Court Opinions

Distinctions exist between various types of opinions:
- Majority Opinion reflects the view of most justices.
- Concurring Opinion agrees with the majority but offers different reasoning.
- Dissenting Opinion expresses disagreement with the majority ruling.
- Unanimous Opinion indicates complete agreement among justices.

Key Legal Concepts

Judicial review permits courts to nullify laws that contradict the Constitution, reinforcing the principle of legality.
Original jurisdiction is the authority of trial courts to hear cases first, establishing essential facts in legal disputes.
Writs of certiorari are formal requests for the Supreme Court to review a case, allowing it to selectively hear significant legal issues.

Limits on the Supreme Court

The legislative branch holds the power to limit the Supreme Court's capabilities and jurisdiction, maintaining checks and balances within the government structure.

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Description

This quiz explores the critical concepts of judicial review, the roles of federal attorneys and judges, as well as the function of appeals courts in the U.S. legal system. Understand landmark Supreme Court decisions and their implications on law and society. Test your knowledge on how these elements interact within the framework of constitutional law.