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Questions and Answers
What is the role of Article III in the judicial branch?
What is the role of Article III in the judicial branch?
Which of the following gives the federal courts jurisdiction over cases involving foreign nations?
Which of the following gives the federal courts jurisdiction over cases involving foreign nations?
What is the lowest level of the federal court system established by the Judiciary Act of 1789?
What is the lowest level of the federal court system established by the Judiciary Act of 1789?
How many justices were there on the Supreme Court after Congress raised the number in 1869?
How many justices were there on the Supreme Court after Congress raised the number in 1869?
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What is 'judicial review'?
What is 'judicial review'?
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In the case of Marbury v. Madison, what was Marbury requesting from the Supreme Court?
In the case of Marbury v. Madison, what was Marbury requesting from the Supreme Court?
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If a law is declared unconstitutional, what is the legal status of that law?
If a law is declared unconstitutional, what is the legal status of that law?
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Which of these is not a cause for federal court jurisdiction?
Which of these is not a cause for federal court jurisdiction?
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Which court may the losing party in a case ask to review the decision?
Which court may the losing party in a case ask to review the decision?
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What type of jurisdiction does a higher court maintain over the case?
What type of jurisdiction does a higher court maintain over the case?
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Which type of jurisdiction means that cases must be heard in federal court?
Which type of jurisdiction means that cases must be heard in federal court?
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What type of law does criminal law involve?
What type of law does criminal law involve?
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What remains a common feature of criminal trials?
What remains a common feature of criminal trials?
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In a civil case, who is the individual or organization that accuses the defendant?
In a civil case, who is the individual or organization that accuses the defendant?
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What authority allows the judiciary to review the constitutionality of laws?
What authority allows the judiciary to review the constitutionality of laws?
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What primarily constitutes written law?
What primarily constitutes written law?
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Who presides over the Court's public and private meetings?
Who presides over the Court's public and private meetings?
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Which justice was the first African American appointed to the Supreme Court?
Which justice was the first African American appointed to the Supreme Court?
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Judicial minimalism advocates for what approach regarding government policy?
Judicial minimalism advocates for what approach regarding government policy?
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In what year was William Howard Taft appointed as Chief Justice?
In what year was William Howard Taft appointed as Chief Justice?
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What does judicial activism primarily describe?
What does judicial activism primarily describe?
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From what types of courts do most Supreme Court cases originate?
From what types of courts do most Supreme Court cases originate?
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Which important responsibility does the Chief Justice hold regarding new justices?
Which important responsibility does the Chief Justice hold regarding new justices?
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Judicial restraint advocates believe in limiting the role of the courts to what criteria?
Judicial restraint advocates believe in limiting the role of the courts to what criteria?
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What type of law is derived from regulations issued by executive officials at various government levels?
What type of law is derived from regulations issued by executive officials at various government levels?
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What serves as the highest law in the nation?
What serves as the highest law in the nation?
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What principle requires judges to follow earlier judgments when deciding cases?
What principle requires judges to follow earlier judgments when deciding cases?
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What is the term for the federal courts established by Congress under implied congressional powers?
What is the term for the federal courts established by Congress under implied congressional powers?
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How many district courts are there in the United States, each covering a different area?
How many district courts are there in the United States, each covering a different area?
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What occurs in the first phase when a grand jury is involved in a district court trial?
What occurs in the first phase when a grand jury is involved in a district court trial?
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What is the outcome delivered by the jury in the second phase of a district court trial?
What is the outcome delivered by the jury in the second phase of a district court trial?
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What aspect of law aims to ensure consistency in judicial decisions over time and location?
What aspect of law aims to ensure consistency in judicial decisions over time and location?
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What authority was granted to the Supreme Court by the Judiciary Act of 1789?
What authority was granted to the Supreme Court by the Judiciary Act of 1789?
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What did Chief Justice Marshall equate the Judiciary Act's expansion of the court's authority to?
What did Chief Justice Marshall equate the Judiciary Act's expansion of the court's authority to?
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What significant precedent was set by the Marbury v. Madison case?
What significant precedent was set by the Marbury v. Madison case?
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What power does the Supreme Court hold concerning the Constitution?
What power does the Supreme Court hold concerning the Constitution?
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Before the Supreme Court Building was completed, where did the Supreme Court hold its sessions?
Before the Supreme Court Building was completed, where did the Supreme Court hold its sessions?
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What type of system is the US legal system described as?
What type of system is the US legal system described as?
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How do the court systems at different levels typically operate?
How do the court systems at different levels typically operate?
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What is the term for a court's authority to interpret and apply law?
What is the term for a court's authority to interpret and apply law?
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How many courts of appeals are there in the United States?
How many courts of appeals are there in the United States?
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What is the primary role of court of appeals judges?
What is the primary role of court of appeals judges?
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What defines the jurisdiction of legislative courts?
What defines the jurisdiction of legislative courts?
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How is power divided in the US federalist system?
How is power divided in the US federalist system?
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What authority does the Constitution grant the president regarding federal judges?
What authority does the Constitution grant the president regarding federal judges?
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What is the term of service for federal judges?
What is the term of service for federal judges?
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How are judges typically selected at the state and local levels?
How are judges typically selected at the state and local levels?
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What is the role of the Chief Justice of the Supreme Court?
What is the role of the Chief Justice of the Supreme Court?
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What is the highest level in the federal court system established by the Judiciary Act of 1789?
What is the highest level in the federal court system established by the Judiciary Act of 1789?
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Which type of jurisdiction allows federal courts to hear cases involving treaties and laws of the United States?
Which type of jurisdiction allows federal courts to hear cases involving treaties and laws of the United States?
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In the context of foreign relations, what type of representatives does the federal court jurisdiction involve?
In the context of foreign relations, what type of representatives does the federal court jurisdiction involve?
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What was the outcome of Marbury v. Madison in relation to congressional legislation?
What was the outcome of Marbury v. Madison in relation to congressional legislation?
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What are the two divisional levels of the federal court system created by the Judiciary Act of 1789?
What are the two divisional levels of the federal court system created by the Judiciary Act of 1789?
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What happens to a law when it is declared unconstitutional by the judiciary?
What happens to a law when it is declared unconstitutional by the judiciary?
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Which judicial review power allows the courts to assess the legality of executive actions?
Which judicial review power allows the courts to assess the legality of executive actions?
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Which of the following is NOT included in the jurisdiction of federal courts?
Which of the following is NOT included in the jurisdiction of federal courts?
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In a case where a federal or foreign official is involved, which court has exclusive jurisdiction?
In a case where a federal or foreign official is involved, which court has exclusive jurisdiction?
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What is the term for shared authority between federal and state courts?
What is the term for shared authority between federal and state courts?
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Who is the individual that brings a civil case against the defendant?
Who is the individual that brings a civil case against the defendant?
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What responsibility does the judiciary have regarding the Constitution?
What responsibility does the judiciary have regarding the Constitution?
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Which type of law primarily consists of legislation enacted by legislative bodies?
Which type of law primarily consists of legislation enacted by legislative bodies?
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What type of law addresses violations against society at large?
What type of law addresses violations against society at large?
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In civil law, what is the possible outcome for the defendant if found liable?
In civil law, what is the possible outcome for the defendant if found liable?
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What do federal courts primarily deal with in terms of types of law?
What do federal courts primarily deal with in terms of types of law?
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What significant authority does the Judiciary Act of 1789 grant the Supreme Court?
What significant authority does the Judiciary Act of 1789 grant the Supreme Court?
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What was Chief Justice Marshall's position on laws that contradict the Constitution?
What was Chief Justice Marshall's position on laws that contradict the Constitution?
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In the context of judicial review, what is the primary role of the Supreme Court?
In the context of judicial review, what is the primary role of the Supreme Court?
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What type of jurisdiction is held by a court that hears a case for the first time?
What type of jurisdiction is held by a court that hears a case for the first time?
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What term describes the dual court system in the U.S.?
What term describes the dual court system in the U.S.?
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Before the Supreme Court Building was established, where did the Supreme Court conduct its sessions?
Before the Supreme Court Building was established, where did the Supreme Court conduct its sessions?
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Which aspect of the U.S. judiciary allows both federal and state courts to sometimes work together?
Which aspect of the U.S. judiciary allows both federal and state courts to sometimes work together?
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What does the term 'jurisdiction' specifically refer to in the context of law?
What does the term 'jurisdiction' specifically refer to in the context of law?
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What is the principle of stare decisis intended to ensure in the judicial system?
What is the principle of stare decisis intended to ensure in the judicial system?
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Which type of court is specifically established by Congress under implied congressional powers?
Which type of court is specifically established by Congress under implied congressional powers?
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What happens if there is a conflict between statutory law and constitutional law?
What happens if there is a conflict between statutory law and constitutional law?
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What special function do district courts serve in the U.S. legal system?
What special function do district courts serve in the U.S. legal system?
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Which aspect of law requires judicial consistency across different locations?
Which aspect of law requires judicial consistency across different locations?
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How many district courts exist in the United States?
How many district courts exist in the United States?
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What does a grand jury issue if they believe a defendant is probably guilty?
What does a grand jury issue if they believe a defendant is probably guilty?
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What jurisdiction do legislative courts usually have?
What jurisdiction do legislative courts usually have?
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What is the primary function of the Chief Justice in the Supreme Court?
What is the primary function of the Chief Justice in the Supreme Court?
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Which judicial philosophy advocates for limited court intervention in government policy?
Which judicial philosophy advocates for limited court intervention in government policy?
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What significant role does the Chief Justice play during the appointment of new justices?
What significant role does the Chief Justice play during the appointment of new justices?
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What term is used to describe the Supreme Court's approach that formulates policy instead of just interpreting the Constitution?
What term is used to describe the Supreme Court's approach that formulates policy instead of just interpreting the Constitution?
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What does the term 'constitutionality' refer to in judicial decisions?
What does the term 'constitutionality' refer to in judicial decisions?
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Which President appointed Thurgood Marshall as the first African American justice?
Which President appointed Thurgood Marshall as the first African American justice?
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What significant responsibility does the Supreme Court carry regarding constitutional questions?
What significant responsibility does the Supreme Court carry regarding constitutional questions?
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How many circuits is the US divided into for the handling of cases by Courts of Appeals?
How many circuits is the US divided into for the handling of cases by Courts of Appeals?
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What type of cases do legislative courts primarily deal with?
What type of cases do legislative courts primarily deal with?
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What is the primary function of judges in the Courts of Appeals?
What is the primary function of judges in the Courts of Appeals?
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Which of the following best describes the terms of service for federal judges?
Which of the following best describes the terms of service for federal judges?
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In which aspect do state courts primarily mirror the federal system?
In which aspect do state courts primarily mirror the federal system?
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What characteristic defines the jurisdiction of legislative courts?
What characteristic defines the jurisdiction of legislative courts?
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What is a significant outcome of the appointment of federal judges by the president?
What is a significant outcome of the appointment of federal judges by the president?
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Study Notes
The Judicial Branch
- Article III establishes the judicial branch, including a Supreme Court and inferior courts
- The Constitution grants federal courts jurisdiction over cases involving laws, treaties, Constitution, diplomatic representatives, the sea, shipping, two or more states, citizens of different states, citizens of the same state claiming land, and foreigners under grants of different states.
Judiciary Act of 1789
- Congress created a three-tiered federal court system with district courts (lowest), circuit courts (appeals), and Supreme Court (highest)
- The Judiciary Act of 1789 established the structure for the federal courts.
- Congress raised the number of Supreme Court justices to nine in 1869.
Judicial Review
- Judicial review is the power of the judiciary to review laws passed by Congress and actions of the president
- Marbury v. Madison (1803) established the principle of judicial review
- If a law is deemed unconstitutional, it is void and cannot be enforced
Marbury v. Madison
- Marbury sought a writ of mandamus from the Supreme Court to compel Madison to finalize his judicial appointment
- The Judiciary Act of 1789 granted the Supreme Court the authority to issue writs of mandamus
- The Supreme Court ruled the portion of the Judiciary Act granting the authority to issue writs of mandamus unconstitutional, establishing the principle of judicial review
- This case set a precedent that the Supreme Court has the power to determine the constitutionality of laws passed by Congress.
- Chief Justice Marshall ruled the expansion of the Court's power to include writs of mandamus was unconstitutional, as it changed the existing Constitution.
The US Legal System
- A dual system of federal and state courts interprets laws and establishes justice
- Federal, state, and local courts operate separately but their work supports each other to form a cohesive legal system.
- The system is tasked with interpreting laws and establishing a sense of justice in society.
Jurisdiction
- Jurisdiction is a court's authority to interpret and apply the law
- Two types of jurisdiction are:
- Original jurisdiction: initial court to hear a case
- Appellate jurisdiction: a higher court reviews a lower court's decisions
- Federal courts hold exclusive jurisdiction in specific areas of law
- Federal and state courts have concurrent jurisdiction for certain matters
Criminal Law
- Federal and state courts handle criminal, civil, and constitutional law
- Criminal law involves crimes against society, civil law is about individuals, and constitutional law is dealing with the US Constitution
- Criminal laws involve three types: criminal, civil, and constitutional
Civil Law
- Most federal court cases involve civil law, which regulates relationships among individuals and organizations
- In civil cases, a plaintiff sues a defendant, accusing them of violating their rights
- Civil cases involve individuals or organizations.
Constitutional Law
- The courts' responsibility is to interpret the Constitution
- Written law includes statutory law (by Congress), administrative law (by executive branch), and constitutional law
Unwritten Law
- The rule of law requires consistency in judicial decisions
- Stare decisis is a principle where judges follow precedent (prior rulings) in legal decisions.
- Judges must have consistency in their decisions across locations and time, as detailed in the rule of law.
The Court System
- The federal system has constitutional courts (district courts, courts of appeals, and Supreme Court) and legislative courts (created by Congress for specific tasks).
District Courts
- District courts handle the first phase of trials and use juries
- Grand juries determine if there is enough evidence to move forward with a trial (indictment).
- In the second phase, a trial jury determines guilt or innocence (verdict).
- A single judge presides over the proceedings.
- District courts try cases in two phases.
Courts of Appeal
- Courts of appeals review lower court decisions; often 12 circuit courts in the US
- They determine whether any significant errors of procedure occurred during the trial.
- Each court of appeal handles cases from a particular region or circuit of the country.
Judicial Appointments
- The President appoints federal judges subject to the Senate's approval.
- Federal judges often are appointed for lifetime terms.
- Judges at the state level are often elected.
Chief Justice of the Supreme Court
- The Constitution designates a Chief Justice to preside over the Supreme Court
- The Chief Justice manages the court's proceedings and operations, including public and private meetings.
Notable Justices of the Supreme Court
- Numerous justices have served throughout US history
- Notable figures include those designated as Marshall and O'Connor
Judicial Activism/Judicial Restraint
- Judicial activism: Supreme Court rulings that create policy rather than only interpreting the Constitution
- Judicial restraint: courts refrain from intervening unless a matter of constitutionality is involved.
- Advocates of judicial restraint believe courts should only intervene in cases of constitutional violations.
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Description
Explore the foundations of the judicial branch as established by Article III of the Constitution. This quiz covers key concepts including the Judiciary Act of 1789, the structure of federal courts, and the landmark case Marbury v. Madison that established judicial review. Test your knowledge on the roles and powers of the judicial system.
