Questions and Answers
What is the primary principle by which courts rely on past decisions when making new rulings?
From where do cases typically originate before reaching the U.S. Supreme Court?
What is the primary purpose of Article III, Section 1 of the Constitution?
Which of the following best describes the concept of Judicial Review?
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Which statement about judges in the Supreme Court and inferior courts is true?
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Which option describes the role of the U.S. Supreme Court within the court system?
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What is meant by the term 'hierarchy' in the context of the U.S. court system?
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Which of the following was established by the Supreme Court in 1803?
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What is required for the Supreme Court to agree to hear a case?
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What document is submitted by parties involved in a case to outline their arguments?
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What is the purpose of Amicus Curiae briefs?
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What happens if there is a tie vote among the justices?
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What term describes the closed meeting where justices discuss the cases on the docket?
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Which role does the Solicitor General serve when the United States is a party in a case?
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What is required for a federal judge or Supreme Court Justice to be confirmed after nomination by the president?
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What role does the Senate Judiciary Committee play in the selection of federal judges?
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How many justices are on the Supreme Court as of 2023, and when was this number established?
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What is the primary goal of Republican senators regarding judicial nominations?
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Which of the following justices is the Chief Justice of the Supreme Court?
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What is a significant difference in judicial philosophy between Democrats and Republicans regarding court nominees?
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Study Notes
The Judiciary and the Constitution
- Judicial power is vested in one Supreme Court and inferior courts established by Congress.
- Judges serve lifetime terms, holding their positions during "good behavior."
- Judicial compensation cannot be diminished while in office.
Judicial Review
- Judicial Review allows courts to determine the constitutionality of governmental actions, rendering them null if unconstitutional.
- Established in 1803 when the Supreme Court claimed this power.
Dual Court System
- The U.S. has a dual court system with separate federal and state courts.
- State courts existed prior to the Constitution, with each state maintaining its own court system.
- Courts handle criminal and civil law disputes:
- Criminal Law: Addresses actions that harm others and prescribes punishment.
- Civil Law: Concerns private rights and remedies.
The U.S. Court System Structure
- The court system operates as a hierarchy:
- U.S. District Courts (Trial Courts): There are 94 district courts; they conduct trials and hear evidence.
- U.S. Courts of Appeals (Circuit Courts): Comprised of 11 circuits, reviews district court rulings; does not hold trials.
Appeal Process
- Losing parties can appeal to higher courts, starting with circuit courts, eventually reaching the Supreme Court.
- Decisions by higher courts are binding on lower courts.
- Precedents: Guidelines set by previous court decisions, influencing future cases.
- Stare Decisis: Courts rely on established precedents for consistency, although they may overturn them if deemed unconstitutional.
Supreme Court Process
- Appeals reach the Supreme Court via writs of certiorari, which review lower court records.
- The Supreme Court hears fewer than 100 cases annually, less than 2% of petitions.
- Rule of Four: Requires agreement from four justices to accept a case.
Case Hearings in the Supreme Court
- After acceptance, cases are placed on the docket.
- Parties submit briefs, and non-parties can file Amicus Curiae briefs for advocacy.
- Oral arguments are presented, lasting around 30 minutes per party.
Justices' Deliberation
- Justices meet in conference to discuss cases and cast initial votes.
- A tie vote leaves the lower court's decision standing.
- Majority, concurring, and dissenting opinions articulate the court's reasoning and individual stances.
Selection of Federal Judges/Justices
- Nominated by the President and confirmed by a Senate majority vote.
- Recommendations often come from the American Bar Association.
- The Constitution does not specify qualifications for federal judges.
Senate Confirmation Process
- The Senate Judiciary Committee conducts interviews with nominees.
- Judicial ideologies diverge:
- Republicans: Favor strict constitutional interpretation, limiting federal power.
- Democrats: Prefer flexible interpretations allowing federal authority to address evolving societal needs.
Current Supreme Court Composition
- The Supreme Court comprises nine justices since 1869, decided by Congress.
- Currently consists of:
- Chief Justice: John G. Roberts
- Associate Justices: Clarence Thomas, Samuel A. Alito, Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh.
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Description
This quiz explores Article III, Section 1 of the U.S. Constitution, which outlines the judicial power and the structure of courts. Test your understanding of the roles and responsibilities of the Supreme Court and other inferior courts as established by Congress. Dive into the significance of judicial independence and the protection of judges' compensation.
