Lesson 6 Questions from book

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Questions and Answers

Which case established the principle of judicial review?

Marbury v. Madison (correct)

Gibbons v. Ogden

Roe v. Wade

Brown v. Board of Education

Who defined judicial review as the 'very essence of judicial duty'?

James Madison

Alexander Hamilton

Thomas Jefferson

John Marshall (correct)

In what situation can judicial review be applied?

Only to review state laws.

Only in cases involving federal laws.

To determine the constitutionality of government actions. (correct)

To mandate new legislation.

What happens when the courts find an action to be unconstitutional?

The action becomes null and void. Signup and view all the answers

Which type of cases are typically heard in federal courts?

Bankruptcy and patent infringement cases Signup and view all the answers

What can result in a case being heard in both state and federal courts?

Cases invoking the U.S. Constitution or federal law Signup and view all the answers

What is a defining characteristic of the federal court structure?

It is a three-tiered system with distinct levels Signup and view all the answers

What common misconception do people have about Supreme Court justices after they are appointed?

They always vote in alignment with the president who nominated them. Signup and view all the answers

Which justice was notably described as the Court's swing vote during their tenure?

Anthony Kennedy Signup and view all the answers

How has the composition of the federal judiciary changed over the years?

It now includes more women and minorities than in the past. Signup and view all the answers

Which controversial nominee did President Reagan appoint that is commonly remembered today?

Robert Bork Signup and view all the answers

What is the term used to describe the Supreme Court of the United States?

SCOTUS Signup and view all the answers

During which presidency was there discussion about expanding the Supreme Court?

Franklin D. Roosevelt Signup and view all the answers

What is one reason federal judges are appointed for life?

To keep them from being influenced by public opinion. Signup and view all the answers

What does the phrase 'advice and consent' refer to in the context of judicial nominations?

The Senate's role in confirming presidential nominees Signup and view all the answers

What major impact does the ideological stance of a president have on judicial appointments?

Nominees typically reflect the president's ideological beliefs Signup and view all the answers

Which of the following statements about the judicial system's flexibility is true?

New precedents can be established over time under certain conditions Signup and view all the answers

When does the Supreme Court begin its annual session?

First Monday in October Signup and view all the answers

What role does the solicitor general play in an amicus brief?

Files on behalf of the government when not a party to the case Signup and view all the answers

What typically happens after briefs are filed before the Supreme Court hears a case?

Oral arguments are scheduled Signup and view all the answers

How is the docket related to the Supreme Court?

It is a schedule of cases accepted for review Signup and view all the answers

What happens during oral arguments in the Supreme Court?

Justices ask questions to clarify points of law. Signup and view all the answers

How do the justices decide cases after oral arguments?

They hold a private conference to discuss the cases. Signup and view all the answers

What significant characteristic differentiates public sessions from private conferences of the Supreme Court?

Oral arguments are held publicly but decisions are made privately. Signup and view all the answers

When are the Supreme Court's opinions typically announced?

Before the Court adjourns for the summer. Signup and view all the answers

Study Notes

Judicial Review

Established in 1803 through the landmark case Marbury v. Madison.
The power of courts to review actions of other branches of government and state governments for constitutionality.
If actions are deemed unconstitutional, they are nullified.

Structure of the U.S. Judicial System

Dual System: Federal and State Courts
Federal Court System: Three-Tiered Structure
- District Courts (Trial Courts): Handle federal cases, witness testimony, and evidence.
- Circuit Courts (Appellate Courts): Review district court rulings.
- Supreme Court: The highest court, with nine justices, final authority on legal issues.
State Courts: Handle most legal matters, including criminal and civil cases.

Federal Court Jurisdiction

Cases involving federal law, U.S. Constitution, and disputes between states.
Interstate commerce, cases where the U.S. is a party, diversity of citizenship cases (over $75,000 in damages).

Stare Decisis

The principle of following precedent (previous rulings) in legal decisions.
Provides consistency and stability in legal interpretations and judicial decisions.

Judicial Selection

Federal Judges: Appointed by the President, confirmed by the Senate.
Lifetime appointments.
State Judges: Elected or appointed, depending on the state.

Judicial Diversity

The U.S. judicial system has become more diverse in recent decades, with increasing representation of women and minorities.

U.S. Supreme Court

The highest court in the land, with nine justices.
Decisions bind all other courts in the country.
Established rules and procedures for case selection and hearing.
Decisions have a lasting impact on legal and constitutional interpretation.

Supreme Court Session

The Supreme Court session begins on the first Monday in October and ends in late June.
The justices select a small number of cases to be placed on the docket for review, typically less than 2% of the thousands submitted.

Case Names

Cases are presented as petitioner versus respondent, for example, Roe v. Wade.
The petitioner is the party bringing the appeal and is unhappy with the lower court's decision.

Certiorari

Most often, the petitioner asks for a writ of certiorari, requesting the lower court send its case records for review.
Four of the nine justices must vote to grant a writ of certiorari, known as the Rule of Four.

Briefs

Once a case is placed on the docket, both parties submit briefs outlining their arguments.
Non-parties with an interest in the case can submit amicus curiae ("friend of the court") briefs.

Oral Arguments

Oral arguments are held from October to April.
Each side has 30 minutes for their legal argument, with the justices often interrupting with questions.
The United States, if not party to a case, may submit an amicus brief.

Court Proceedings

The courtroom proceedings are formal and involve a ceremonial entrance with a traditional chant by the Court's marshal.

Decisions

Justices reach decisions privately in conference meetings.
The Chief Justice speaks first, followed by justices in descending order of seniority.
An initial vote is taken in private before decisions are made public.

Public Access

Oral arguments are open to the public, but cameras are not allowed in the courtroom.
Despite calls for greater transparency, the justices have resisted the pressure.

Court Opinions

Court decisions are released throughout the term.
The majority opinion represents the decision of a majority of justices.
A tied vote occurs rarely and, if it does, the lower court's decision stands.
Justices in the minority can write dissenting opinions.
Justices who agree with the outcome but disagree with the reasoning can write concurring opinions.
Opinions are announced publicly before the Court adjourns for the summer.

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