Guided Study: The Judicial Branch
Rationale:
This assignment will be the majority of your grade (and instruction) for this Unit. You need to do a great job on this not only because it consists
of several grades, but also because doing so will help you understand the judiciary at the level necessary to do well on the AP exam.
Assignments:
Factual Questions on the Judicial Branch (1 daily grade)
Applying Knowledge of the Judicial Branch (1 TEST grade)
Comparing Civil and Criminal Cases and Structure of Federal Courts charts (1 daily grade)
How the Supreme Court Arrives at Decisions chart (1 daily grade)
Important Supreme Courts chart (1 daily grade)
Thirty Most-Tested Cases chart (1 TEST grade)
Resources:
How the Supreme Court Arrives at Decisions, William J. Brennan, Jr. (from the Wohl book)
Chapter 16 of the textbook, as well as the Chapter 16 notes PowerPoint (posted)
Your Herzog book, MC & FRQs in Preparation for the AP U.S. Government & Politics Examination
Top 30 Supreme Court Cases Scan (posted)
www.shmoop.com (“The Judicial Branch”)
www.ushistory.org/gov/9b.asp (as well as 9c, 9d, and 9e – which you can navigate to from this page)
Other internet sources as needed
Suggestions:
Because of the complexity of some of the tasks as well as the number of sources from which you will be pulling information, it is suggested that
you complete this assignment on the computer so you can adjust the spacing accordingly (as opposed to printing the assignment and filling it out
by hand, in which case you may not allow sufficient space to provide complete answers).
Requirements: Your assignment must include ALL QUESTIONS as well as complete answers. You must answer all questions in complete sentences. Partial
sentences are allowed in some charts only (as indicated). Please do not use a font smaller than Times New Roman 10 point. Please read and
follow the specific instructions for each assignment.
Due date:
All parts of this assignment are due at the beginning of class on Monday, April 21. Any assignment received late (even during the same day)
will be assessed a penalty of no less than 10 points. This assignment must be submitted in print form. Email will not suffice.
Factual Questions on the Judicial Branch (1 daily grade)
Instructions: Answer the following questions in COMPLETE SENTENCES. Be sure to give complete answers to all questions, bringing in information from multiple
sources as necessary. In other words, if you answer a question using the reading on Shmoop.com but later see more information that relates to the question on
USHistory.org, you need to add to your original answer. All answers need to be in your own words – it is NOT okay to “cut and paste” your answers. I’ve included
specific sources I used in creating the questions to guide you in answering them. (9b-9e refers to the section of USHistory.org that the question came from!)
1. Why were the Founding Fathers cautious about giving too much power to the judiciary? How is this evidenced in the Constitution? (Shmoop, 9b)
2. How is the number of Supreme Court justices set? (Shmoop)
3. What were the results of the Judiciary Act of 1789? (Shmoop, 9b)
4. What is the current size of the Supreme Court and when was this set? (Shmoop)
5. How are the justices given freedom from public opinion and political pressure? (Shmoop, 9e)
6. What kinds of objections may prevent the Senate from confirming a court appointment? (Shmoop)
7. How was the power of judicial review established? How was it expanded over time? (Shmoop)
8. List and describe the most significant cases decided (so far) by the Roberts Court? (Shmoop – but you’ll need to go outside your resource list to find more
information on the cases)
9. What types of cases are within the jurisdiction of District Courts? (Shmoop, Chapter 16 text & PPT)
10. How are special courts unique? Be specific. (Shmoop)
11. Which cases fall within the jurisdiction of the federal courts (as opposed to state courts)? (Shmoop)
12. In which circumstances does the Supreme Court have original jurisdiction? (Shmoop, Article III Section 2)
13. What is an indictment? (Shmoop)
14. Describe the two ways in which a case comes to the Supreme Court. What percentage of each kind (certiorari and certificate) does the Supreme Court
choose to hear? (Shmoop, 9c)
15. What kinds of cases does the Supreme Court choose to hear? (What warrants the Court’s attention?) (Shmoop)
16. Name and describe the three kinds of opinions that the Supreme Court issues.
17. Just to confuse us, judicial scholars use the terms “inferior courts,” “Constitutional courts,” “regular courts,” and “Article III courts” interchangeably to refer
to the same type of courts. Which are these? (9b, Shmoop)
18. What are “legislative courts”? (9b)
19. Under what circumstances and through which process may federal judges be removed? (9b, 9e, Shmoop)
20. Who recommends candidates for district judge posts? Whose opinion is given precedence? (9d, Chapter 16 text & PPT)
21. List and describe the four selection criteria for a federal judgeship. (9d, Chapter 16 text & PPT)
22. What are the checks on judicial power? (9e)
23. How often are Supreme Court nominees denied confirmation? How does politics impact this process? (Chapter 16 text & PPT)
Applying Knowledge of the Judicial Branch (1 TEST grade)
Instructions: Answer the following questions in COMPLETE SENTENCES. Be sure to give complete answers to all questions, bringing in information from multiple
sources as necessary. In other words, if you answer a question using the reading on Shmoop.com but later see more information that relates to the question on
USHistory.org, you need to add to your original answer. All answers need to be in your own words – it is NOT okay to “cut and paste” your answers. I’ve included
specific sources I used in creating the questions to guide you in answering them. (9b-9e refers to the section of USHistory.org that the question came from!)
1. Using Brown v. Board of Education (9c, 9e) and Worcester v. Georgia (9e) as examples, explain the reasons for and results of the Supreme Court’s inability to
enforce its decisions.
2. List five cases (from in “Top 30 SCOTUS Cases”) that are examples of judicial activism. Why did you choose these cases as examples? How are they similar
(9e)
3. Using Plessy v. Ferguson and Brown v. Board of Education as examples, explain how the Court’s interpretation of the Constitution can change its meaning
AND impact its implementation. (9e)
4. Do you agree with Justice Scalia’s quote on USHistory.org in favor of judicial restraint, or do you agree with those who believe that judicial activism has
allowed the Constitution to remain relevant to a changing nation? Explain your answer. (9e)
5. Why is it important that a plaintiff have standing to sue? (Chapter 16 text & PPT)
6. How do amicus curiae briefs give interest groups and other interested parties access to the courts? (Chapter 16 text & PPT)
7. Why are attorneys important to the judiciary process – and a guaranteed right for suspects in criminal trials?
8. Choose one of the Supreme Court cases from “Top 30 SCOTUS Cases”. For this case, who was/is the:
a. interpreting population?
b. implementing population?
c. consumer population?
*You must pick a case for which you can list all three. (Chapter 16 text & PPT)
Comparing Civil and Criminal Cases and Structure of Federal Courts charts (1 daily grade)
Instructions: Use information from Shmoop.com and the Chapter 16 PPT to complete the Comparison of Civil and Criminal Cases chart below. It is not necessary
to write in complete sentences on the chart, but you must still give complete answers.
Criminal
Civil
Who is the
plaintiff?
Who is the
defendant?
Who decides the
case?
What is the
requirement for a
guilty verdict?
Define:
 conviction
What is the
outcome?
Who can appeal?
 sentence
Define:
 award
 damages
Who can appeal the conviction?
Who can appeal the award?
Who can appeal the sentence?
Who can appeal the damages?
Comparing Civil and Criminal Cases and Structure of Federal Courts charts – page 2
Instructions: Use information from USHistory.org (9b) to complete the Structure of the Federal Courts chart below. It is not necessary to write in complete
sentences on the chart, but you must still give complete answers. Remember to include numbers of Federal Courts where they are listed on the website.*This is
the one assignment that it might be best to print and write on. 
Federal Courts
Courts/Entities outside the
Judicial Branch
How the Supreme Court Arrives at Decisions chart (1 daily grade)
Instructions: Summarize the criteria outlined by Justice Brennan in the reading “How the Supreme Court Arrives at Decisions,” explaining what is meant by each
step. For this chart, you need to write in complete sentences. Remember to give complete answers.
Criteria
Answers Unclear
Society is Disturbed
Petition and Response
Order of Seating
Each Side Gets Hour (More
often half an hour these days!)
Opinion Assigned
Some Change Minds
Uniform Rule
Freund’s View
Consensus Needed
Painful Accusation
Summarize/Explain
Important Supreme Courts chart (1 daily grade)
Instructions: Each Supreme Court is named for the Chief Justice who presides over it. (In other words, if I were to become Chief Justice, the body of cases decided
during that time would be known as “Grossman Court cases.”) Use information from Shmoop, your textbook, and other sources to complete the chart below of
the most significant periods of Supreme Court decisions. It is not necessary to write in complete sentences on the chart, but you must still give complete answers.
Court
John Marshall Court
Charles Evans Hughes Court
Earl Warren Court
Warren Burger Court
William Rehnquist Court
Tenure as Chief Justice
Most important decisions
Summarize the Importance
of the Court
Thirty Most-Tested Cases chart (1 TEST grade)
Instructions: Use the list of court cases and the summary information from “Top 30 SCOTUS Cases,”as well as other sources to complete the chart below. It is not
necessary to write in complete sentences on the chart, but you must still give complete answers. You MUST put the cases in chronological order as you enter them
into the chart. All answers need to be in your own words – it is NOT okay to “cut and paste” your answers (or copy them directly from your study guide). To
clarify: Specifics of the case means “How did the case originate? Who is the plaintiff and what do he/she/they want the court to decide?” I’ve done the first one
for you as an example.
Case
Year/
Chief Justice
Central issue
Specifics of the case
Marbury v. Madison
1803/Marshall
Judicial review
Marbury sued Secretary of State Madison
for his appointment as Justice of the Peace
that had not been delivered to him.
Impact
Aspects of the Judiciary Act of 1789 were
unconstitutional; Expanded the power of
the Supreme Court by establishing judicial
review; Marbury lost