Name _____________________key________________ Date: ___________
CIVICS Chapter 10
The Judicial Branch
Vocabulary:
1. plantiff-An individual or a group of people who bring a complaint against another party in a civil case.
2. defendant-The party who answers a complaint and defends against it in a court case.
3. prosecution-A government body that brings a charge against a defendant who is accused of breaking
one of its law.
4. precedent-A guideline for how similar cases should be decided in the future.
5. original jurisdiction-A court’s authority to hear a case first.
6. appeal-To ask a higher court to review a decision and determine whether justice was done.
7. appellate jurisdiction-A court’s authority to hear an appeal of a decision by another court.
8. court of appeals-Courts that handle appeals from lower federal district courts.
9. circuit courts-Another name for the courts of appeals.
10. judicial review-The Supreme Court’s power to overturn any law that is it decides is in conflict with
the Constitution.
11. opinion-A written statement by a court explaining the reasons for a decision.
12. judicial activism-An effort by judges to take an active role in policymaking by overturning laws
relatively often.
13. judicial restraint-An effort by judges to avoid overturning laws and to leave policymaking up to the
other two branches of government.
Section 1: (page 270)
2a-What is the purpose of our legal system?
To resolve disputes involving laws
3a-What two kinds of cases are heard by the federal courts?
Criminal and civil cases are heard by the federal courts
4a- What are the levels of a typical state court system?
trial courts, appeals courts, and a court of final appeals
Section 2: (page 274)
2a-When were district courts and courts of appeals created?
by the first Congress in 1789
3a- What kind of jurisdiction does a federal court of appeals have?
a federal court of appeals has appellate jurisdiction
3b-How are state appeals courts similar to federal courts of appeals?
Both are concerned with whether or not the original trial was fair and the law was interpreted correctly.
4a-What is the main purpose of the Supreme Court?
to serve as the final court of appeals for both and state and federal court systems
4b- Why do you think the Supreme Court has original jurisdiction in special kinds of cases?
State and federal courts would be unlikely to handle cases involving state and foreign governments.
Section 3: (page 285)
2a-How did Marbury v. Madison give the Court the power of judicial review?
The Court had to rule on the law instead of on the case.
2b-Why was this an important case in our nation’s history?
This case established a precedent that gave the Supreme Court one of its most important powers.
3a-What are the qualifications for the position of Supreme Court justice?
high moral standards and thorough knowledge of the law, the Constitution, and American history.
Chapter Assessment: (page 288)
10a-What is the job of a court of appeals?
A court of appeals reviews only the legal issues in a case. It decides whether the lower court’s decision was
just and whether the law was interpreted correctly.
10c-Why do you think federal judges are appointed for life?
possible answer: it gives them complete job security, which helps them to interpret the law without
outside influence.
11a-How does the selection of Supreme Court justices show the balance of power between the executive and
legislative branches?
Supreme Court justices are appointed by the President of the United States, but they must be approved by
the Senate before they can assume their position on the Court. The Senate can refuse to confirm a Supreme
Court nominee.
ANALYZE DIAGRAMS AND TABLES-Appealing a Case to the Supreme Court (page 280)
a-According to the diagram, what must happen first before a case is appealed to the Supreme Court?
The case must be filed in a federal district court and then be appealed to a federal court of appeals.
b-Appealing a case can take a great deal of time and money. Why, the, is the process made up of so many
steps?
possible answers: to make sure that the Supreme Court’s time is only used for the most worthy cases; to
make sure people take the process seriously.
“FOCUS ON” Understanding the Law (page 282)
a-What was Nixon’s legal justification for not handing over the audio tapes?
Nixon asserted executive privilege; that the President had the right to privileged communication that could
not be looked at by any other branch of government.
b-What reasons did the Supreme Court give for ruling against Nixon?
The Court decided that in disputes between the executive branch and the judiciary, the judiciary is supreme.
It also decided that the President is not above the law (rule of law).