JUDICIAL BRANCH REVIEW

Under the Articles of Confederation, what courts
had all the authority?

State Courts…no Judicial Branch

Judicial branch was created under which article
of the Constitution?

Article III

How does the Judicial branch check the
Executive branch?

Supreme Court can declare executive acts
unconstitutional

How does the Executive branch check the judicial
branch?

President appoints justices

Today, the US has a _____ system of courts.

dual

Having a dual system of courts means we have
both _________ and __________ courts.

Federal and state

What is the difference between federal and state
courts?

Federal courts decide on cases involving the
constitution and federal laws. The state courts
decide on cases involving state laws.

What are the two types of cases heard in any
court?

Civil and Criminal

What is the difference between civil and criminal
cases?

Civil cases are between two parties and criminal
cases are when the accused has broken a law.

Congress created the federal district courts
through what act?

Judiciary Act of 1789

What is a federal crime?

a crime that is either made illegal by U.S. federal
legislation or a crime that occurs on U.S. federal
property.

What does jurisdiction mean in the judicial
branch?
•
The authority of the courts to
hear certain cases

What are the 3 types of jurisdiction?

Original, appellate, and concurrent

What is original jurisdiction?

The court that has the right to hear the case for
the first time

What is appellate jurisdiction?

Courts that review cases that have been appealed
in lower courts

What is concurrent jurisdiction?

A case that can be tried on the federal or state
level.

What courts have original jurisdiction?

Federal district courts and the Supreme Court

What courts have appellate jurisdiction?

Federal court of appeals and Supreme Court

How many district courts does each state have?

At least one…it depends on the population

How long do federal district court judges serve?

For “life”

What is a defendant?

The party being charged or accused

How many people serve on a standard jury?

12

How many jurors decide an appellate case?

none

A panel of how many judges decides appellate
cases?

3

A vast majority of cases heard by the supreme
court are what type of cases?

appellate

How many justices preside over the Supreme
Court?

9…1 chief justice and 8 associate justices

Who is the current chief justice?

John Roberts

Name 2 associate justices (can just be last
names)
• ANTONIN
SCALIA
• ANTHONY M. KENNEDY
• CLARENCE THOMAS
• RUTH BADER GINSBURG
• STEPHEN G. BREYER
• SAMUEL A. ALITO, JR.
• SONIA SOTOMAYOR
• ELENA KAGAN

What are the qualifications for being a judge?

There aren’t any

Why do judges serve for “life”?

allows judges to be free from political pressures
when deciding cases (don’t have to worry about
being re-elected)

How are judges removed from the bench?

Impeachment AND conviction

What are 2 things the president considers when
nominating a supreme court justice?
•
•
•
•
•
•
Party affiliation – chooses judges from their political
party
Judicial philosophy – chooses judges who share their
political ideology
Race, gender, religion, region
Judicial experience – previous experience as judge or
attorney
“litmus test” – chooses a judge based on their view on
1 single issue (ex. Abortion)
Acceptability – chooses a judge who is noncontroversial and will be easily confirmed by the
Senate

Who was the first African American supreme
court justice?

Thurgood Marshall

Who was the first female supreme court justice?

Sandra Day O’Connor

What are the two reasons most cases brought to
the Supreme Court are not heard?
1.) Justices agree with the lower
court decision.
2.) Justices believe the case does
not involve a significant point of
law

How many justices have to agree to hear the case
in order for it to be heard?

4 out of 9

What is a writ of certiorari?

an order by the Court (when petitioned) directing
a lower court to send up records of a case for
review

What is a case brief?
•
A detailed statement of the facts of
the case supporting a particular
position by presenting arguments
based on relevant facts and citations
from previous cases

What are the three types of opinions of the
Supreme Court?
1.) Majority Opinion – opinion agreed
upon by a majority of the justices
2.) Concurring Opinion – written by
a justice or justices who agree with
the majority opinion, but not with
the reasoning behind the decision
3.) Dissenting Opinion – written by a
justices or justices who disagree with
the majority opinion

Name a famous case decided by Chief Justice
Earl Warren
• Brown
v. Board of Education (1954) –
ended segregation in public schools
• Gideon v. Wainwright (1963) – states
required to provide attorneys for
those accused of a crime
• Miranda v. Arizona (1966) – police
have to inform anyone questioned of
their rights in order to use the
information in court

Name a famous case decided by Chief Justice
Warren Berger
• Roe
v. Wade (1973) – declared
abortions legal with special time
constraints
• U.S. v. Nixon (1974) – ruled that
President Nixon’s private
recordings were not protected
under presidential privilege and
ordered them be turned over to the
house investigators

Name a famous case decided on by Chief Justice
William Rehnquist
• Planned
Parenthood v. Casey (1992)
– upheld and ruled constitutional a
Pennsylvania law requiring a minor
to wait 24 hours after receiving
parental approval before getting an
abortion – but ruled unconstitutional
a provision that required a woman to
obtain “informed spousal consent”
before having an abortion
• Roper v. Simmons (2004) –declared
that the death penalty was
unconstitutional for anyone under
the age of 18

What is the difference between Judicial Activism
and Judicial Restraint?

Activism is having an active role in legislature.
Restraint is operating strictly within the
constraints of the Constitution.

How many courts of appeals are there?

12

What is a plaintiff?

The party bringing the charges

How does the Judicial Branch check the
legislative branch?

Judicial branch can declare laws unconstitutional

How does the legislative branch check the
judicial branch?

Congress has to approve judicial appointments