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Questions and Answers

What does the principle of judicial review allow courts to do?

Select candidates for public office

Override decisions made by the President

Create new laws and regulations

Declare laws passed by Congress unconstitutional (correct)

In the context of the U.S. court system, what does civil law primarily govern?

Government actions against individuals

Non-criminal disputes and private rights (correct)

Crimes and punishment of offenders

Family disputes and marriage contracts

What is the primary function of the U.S. Courts of Appeals?

To provide a final verdict in cases.

To conduct trials and hear witness testimonies.

To review the rulings of U.S. District Courts. (correct)

To establish new precedents.

Which courts can cases reach the U.S. Supreme Court from?

Both circuit courts and state supreme courts. Signup and view all the answers

Why might a court overturn precedent?

If deemed unconstitutional by the current court. Signup and view all the answers

How many justices need to agree to hear a case at the Supreme Court?

4 out of 9 Signup and view all the answers

What is the function of district courts in the U.S. court system?

To conduct trials and hear evidence. Signup and view all the answers

What distinguishes the U.S. Courts of Appeals from district courts?

They do not hear witness testimonies. Signup and view all the answers

What is the purpose of Amicus Curiae briefs in a Supreme Court case?

To advocate on behalf of a party not involved in the case Signup and view all the answers

What does the term 'circuit courts' refer to in the U.S. court system?

Intermediate appellate courts that review district court rulings. Signup and view all the answers

Which of the following is NOT a part of the Supreme Court case process?

Petitions for rehearing Signup and view all the answers

How many cases does the U.S. Supreme Court typically hear each year?

Fewer than 100 Signup and view all the answers

What role does the Senate Judiciary Committee play in the confirmation of federal judges?

They conduct extensive interviews for evaluation. Signup and view all the answers

Which political ideology do Republicans generally advocate for in federal judges?

Strict interpretation of the Constitution Signup and view all the answers

What is the initial number of justices on the Supreme Court as established in 1789?

6 Signup and view all the answers

Which body is responsible for confirming federal judges and justices in the U.S. government?

The Senate Signup and view all the answers

Who generally provides recommendations for federal judges to the President?

The American Bar Association Signup and view all the answers

What happens after a President nominates a federal judge?

The Senate Judiciary Committee conducts extensive questioning. Signup and view all the answers

How do Democrats typically view the role of federal judges?

As flexible interpreters accommodating political changes Signup and view all the answers

Study Notes

Article III: Judicial Power

The Constitution establishes the judicial branch with one Supreme Court and inferior courts created by Congress.
Federal judges serve lifetime terms ("during good behavior") and receive compensation that cannot be reduced.

Judicial Review

Judicial Review is the power of the courts to declare actions of the government unconstitutional.
The Supreme Court declared this power for itself in 1803, extending this power to lower federal and state courts.

Dual Court System

The US has a dual court system, comprised of separate federal and state courts.
Each state has its own court system.
Courts handle both criminal and civil law disputes.

US Supreme Court as Final Court of Appeal

In all legal cases, the Supreme Court is the highest court of appeal.

U.S. Court Hierarchy

The U.S. court system is organized in a hierarchy, with lower courts subject to the rulings of higher courts.
Cases can be appealed from district courts to circuit courts, and then, potentially, to the Supreme Court.

Precedents and Stare Decisis

Precedents are established by courts in previous cases and serve as guidelines for future rulings.
Stare decisis is the principle of following past decisions and their precedents for consistency in the law.
Courts may overturn precedents if they believe the precedent is unconstitutional.

The Role of District Courts

District courts are the trial courts of the federal system, with 94 courts across the US.
Federal cases are tried, witness testimony is heard, and evidence is presented in district courts.

The Role of U.S. Courts of Appeals

U.S. Courts of Appeals (circuit courts) are the intermediate level of federal courts.
11 circuits exist across the US, with two in Washington, D.C. (the DC circuit and the federal circuit).
Circuit courts review rulings of the trial courts in their jurisdiction.

The Process of Cases Reaching the Supreme Court

Cases reach the Supreme Court from circuit courts or state supreme courts.
Petitioning for a writ of certiorari asks the Supreme Court to review a lower court's case.
The Supreme Court hears fewer than 100 cases a year.
The Rule of Four requires four out of nine justices to agree to hear a case.

The Process of Cases Before the Supreme Court

Once a case is accepted, parties submit briefs outlining their arguments.
Amicus curiae briefs are submitted by those not directly involved in the case but wish to advocate for a party.
Oral arguments are held before the court, typically lasting 30 minutes per side.
The Solicitor General argues the government's position in cases involving the US.

Supreme Court Decision Making

The justices meet in closed conference to discuss the case and take an initial vote.
If there is a tie, the lower court's decision stands.
The majority opinion outlines the court's decision.
Concurring opinions agree with the outcome but offer a different reason.
Dissenting opinions disagree with the majority opinion.

The Selection of Federal Judges and Justices

The president nominates federal judges and Supreme Court justices.
The Senate confirms nominees by majority vote.
The president often consults lists from organizations like the American Bar Association for recommendations.
The Constitution does not establish requirements for federal judges.

The Senate Judiciary Committee Interview

The Senate Judiciary Committee conducts an interview process with nominees, conducting days of questioning to evaluate their judicial ideology.

Judicial Ideology: Republican vs. Democrat

Republicans typically favor strict interpretation of the Constitution and limit government power.
Democrats often favor a more flexible interpretation of the Constitution, advocating for broader government power.

The Current Supreme Court

The number of Supreme Court justices is set by Congress.
The court currently has nine justices:
- Chief Justice: John G. Roberts
- Associate Justices: Clarence Thomas, Samuel A. Alito, Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, Ketanji Brown Jackson

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Description

Explore the essential elements of the United States judicial system, including its structure, the concept of judicial review, and the dual court system. Understand the roles of federal and state courts, and the Supreme Court's position as the final court of appeal. Dive deep into how these systems function to maintain justice and uphold constitutional principles.