The Judiciary AP Government Spring 2016

Size: px
Start display at page:

Download "The Judiciary AP Government Spring 2016"

Transcription

1 The Judiciary AP Government Spring 2016

2 [T]hough individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers"...[a]s liberty can have nothing to fear from the judiciary alone...[it] would have every thing to fear from its union with either of the other departments Alexander Hamilton, The Federalist, No. 78

3 Characteristics of the Federal Judiciary Judicial review: the power to interpret the Constitution Federal judiciary is an adversary system, believing that arguing over law and evidence guarantees fairness Criminal law concerns crimes against the public law Person s liberty is at stake (can be imprisoned) Defendants have a right to an attorney even if they re unable to afford one (Gideon v. Wainwright, 1963) Civil law governs relations between individuals and defines their legal rights Penalties are usually monetary Federal government not the judiciary brings all federal criminal cases Government can also be a party in civil cases

4 Characteristics of the Federal Judiciary, Part II Judicial branch cannot initiate legal action Judges decide only justiciable disputes They can only hear civil lawsuits growing out of real cases, controversies Plaintiff must have standing to sue; experienced or be in danger of experiencing direct or personal injury Practice of judicial restraint Department of Justice prosecutes cases Attorney general is assisted by solicitor general, plus 94 U.S. attorneys and roughly 1,200 assistant U.S. attorneys

5 Structure of the Judiciary District Courts are the worker bees of the federal judiciary Have original jurisdiction Handle immense caseload In most cases, render final decision Courts of Appeals have appellate jurisdiction Judges are bound by precedent Located geographically in circuits Decisions are usually final Supreme Court decisions are final...somewhat Judicial federalism: division of judicial power between federal and state governments/courts

6

7 Politics of Appointing Federal Judges Interesting point; no Constitutional requirements for serving on Court Washington s precedent: ideological, political allies Initial choices: senatorial courtesy, consulting staff, Justice Department, pressure from interest groups Senate advice and consent Judicial nominees referred to Senate Judiciary Committee Recess appointments may only serve until the next Congress convenes Increasing scrutiny of nominees by Senate

8 Politics of Appointing Federal Judges, Part II Race, party, gender Presidents almost never appoint someone from a different party Currently, judicial nominees are more representative of the ethnic makeup of the nation Ideology Conservative vs. liberal justices Perpetuation of ideology at lower-level courts Judicial philosophy: activism vs. restraint Judicial activism: belief that courts should strike down laws inconsistent with stated, implied Constitutional values...vs. judicial restraint: belief in striking down laws that only violate the literal meaning of the Constitution

9 Eight Steps to Judgment Background The Supreme Court is not obligated to grant review to all cases Must decide which cases to hear (rule of four) Must decide the legal question at issue Must render a decision Court reviews roughly 1% of cases appealed to it

10 Eight Steps to Judgment, Part II 1. Review appeals Petition for writ of certiorari, or cert formal petition seeking the Court s review may from from a state OR a federal court often from prisoners If court grants cert, case added to docket Roughly 10,000 appeals, 100 cases decisions per term 2. Grant appeal Will review if case raises a broad or substantial federal question Tends to review when lower courts disagree Rule of four: four justices must be interested in a petition

11 Eight Steps to Judgment, Part III 3. Briefing the case Each side prepares written briefs presenting legal arguments, relevant precedents, historical background Justices and law clerks study these Outside groups often file amicus curiae briefs 4. Oral arguments are held Each side is allowed 30 minutes Justices freely interrupt

12 Eight Steps to Judgment, Part IV 5. Meeting in conference Justices meet on Fridays and discuss cases Meetings are private After each justice as given his/her view of the case, writing of majority opinion is assigned 6. Explaining decision Opinion of the court: the court s principal method of expressing views, reasoning to the world Must explain reasoning of the majority (majority opinion) Dissenting and concurring opinions are also written Justices hope that dissenting opinions would become future decisions or precedents

13 Eight Steps to Judgment, Part V 7. Writing the opinion Justices write drafts and send to others for comments Assisted by clerks Goal is to win support of other justices Signs of dissent may invite others to ignore court s ruling 8. Releasing the opinion

14 Influences on Supreme Court Decisions Chief justice Sets the tone, controls the conference, assigns the most opinions, and usually, takes the most important, nation-changing decisions for himself Will usually write the opinion in significant cases (like Obamacare) Law clerks Each justice picks own law clerks Influence of law clerks? Stevens (Rutledge), Rehnquist (Jackson), Roberts (Rehnquist), Kagan (Marshall) Solicitor General As the tenth justice, approves cases to be argued before Court

15 Limits on Judicial Action Adherence to Precedent Stare decisis: stand by what is decided Congress, President Judges are appointed by the President and confirmed by Congress Court relies on President to enforce laws Congress may enact laws to skirt Court findings and opinions

The Federalist, No. 78

The Federalist, No. 78 The Judicial Branch January 2015 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible

More information

Chapter 7: The Judicial Branch

Chapter 7: The Judicial Branch Chapter 7: The Judicial Branch US Government Week of January 22, 2018 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of

More information

The Courts. Chapter 15

The Courts. Chapter 15 The Courts Chapter 15 The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court

More information

THE NATURE OF THE JUDICIAL SYSTEM

THE NATURE OF THE JUDICIAL SYSTEM THE FEDERAL COURTS THE NATURE OF THE JUDICIAL SYSTEM Introduction: An Adversarial relationship Two types of cases: Criminal Law: The government charges an individual with violating one or more specific

More information

Chapter 8 - Judiciary. AP Government

Chapter 8 - Judiciary. AP Government Chapter 8 - Judiciary AP Government The Structure of the Judiciary A complex set of institutional courts and regular processes has been established to handle laws in the American system of government.

More information

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 The Nature of the Judicial Introduction: Two types of cases: System Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law:

More information

Chapter Thirteen: The Courts

Chapter Thirteen: The Courts Chapter Thirteen: The Courts Learning Outcomes 1. Explain the main sources of American law, including constitutions, statutes and regulations, and the common law tradition. 2. Describe the structure of

More information

CHAPTER 9. The Judiciary

CHAPTER 9. The Judiciary CHAPTER 9 The Judiciary The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court

More information

Chapter 6: The Judicial Branch

Chapter 6: The Judicial Branch Chapter 6: The Judicial Branch Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? p. 189 U.S. District

More information

4.17: SUPREME COURT. AP U. S. Government

4.17: SUPREME COURT. AP U. S. Government 4.17: SUPREME COURT C AP U. S. Government Article III of the Constitution establishes the Supreme Court as the this co-equal branch of the US government. In its early history the Court was not so prestigious.

More information

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp 189-228 Purpose: This guide is not only a place to record notes as you read, but also to provide a place and structure for reflections and

More information

Unit V: Institutions The Federal Courts

Unit V: Institutions The Federal Courts Unit V: Institutions The Federal Courts Introduction to Federal Courts Categories of law Statutory law Laws created by legislation; statutes Common law Accumulation of court precedents Criminal law Government

More information

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four Exam Name MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Common law is. A) laws passed by legislatures B) the requirement that plaintiffs have

More information

Judicial Branch Quiz. Multiple Choice Questions

Judicial Branch Quiz. Multiple Choice Questions Judicial Branch Quiz Multiple Choice Questions 1) Why did the Framers include life tenure for federal judges? A) To attract candidates for the positions B) To make it more difficult for the president and

More information

Chapter 14 AP GOVERNMENT

Chapter 14 AP GOVERNMENT Chapter 14 AP GOVERNMENT Who should decide handout? Youtube hip hughes history Marbury v. Madison https://sites.google.com/view/ap-govdocuments/scotus-cases/marbury-v-madison-1803 9 Justices Appointed

More information

The Judicial System (cont d)

The Judicial System (cont d) The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the

More information

The Federal Courts. Warm-Up. Warm-Up. Chapter 16. The Weberian model views bureaucracies as. The Weberian model views bureaucracies as

The Federal Courts. Warm-Up. Warm-Up. Chapter 16. The Weberian model views bureaucracies as. The Weberian model views bureaucracies as The Federal Courts Chapter 16 Warm-Up The Weberian model views bureaucracies as a. Promoting good monopolies. b. Loosely organized and loosely run. c. Largely self-serving. d. Efficient and necessary.

More information

Understanding the U.S. Supreme Court

Understanding the U.S. Supreme Court Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making The Role of Law and Legal Principles Supreme Court Decision Making The Role of Politics Conducting Research

More information

APGov Unit 2 Part 3: The Judicial Branch Workbook #2

APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /15 Workbook Score: /10 Notes Score: Weeks: 1 Name Date Period APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /25 Total Score Objectives: These are the key concepts that you must be able to answer

More information

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 3 HISTORICAL ERAS OF INFLUENCE 1787-1865 Political Nation building (legitimacy of govt.) Slavery 1865-1937 Economic Govt. roll in economy Great Depression 1937-Present Ideological

More information

Federal and State Court System CHAPTER 13

Federal and State Court System CHAPTER 13 Federal and State Court System CHAPTER 13 The Judicial System in Democracy Lesson 1 Early Systems of law Law is the set of rules and standards by which a society governs itself. In democratic societies,

More information

laws created by legislative bodies.

laws created by legislative bodies. THE AP AMERICAN GOVERNMENT STUDY GUIDE CLASSIFICATION OF LEGAL ISSUES TYPE OF CASE CIVIL CASES CRIMINAL CASES covers issues of claims, suits, contracts, and licenses. covers illegal actions or wrongful

More information

AP Gov Chapter 15 Outline

AP Gov Chapter 15 Outline Law in the United States is based primarily on the English legal system because of our colonial heritage. Once the colonies became independent from England, they did not establish a new legal system. With

More information

The Judicial Branch. CP Political Systems

The Judicial Branch. CP Political Systems The Judicial Branch CP Political Systems Standards Content Standard 4: The student will examine the United States Constitution by comparing the legislative, executive, and judicial branches of government

More information

Copyright 2011 Pearson Education, Inc. Publishing as Longman

Copyright 2011 Pearson Education, Inc. Publishing as Longman Chapter 16: The Federal Courts The Nature of the Judicial System The Structure of the Federal Judicial System The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers

More information

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz Patterson, Chapter 14 The Federal Judicial System Applying the Law Chapter Quiz 1. Federal judges are a) nominated by the Senate and approved by both houses of Congress. b) nominated by the president and

More information

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts.

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts. The Judiciary 1. When a court of law is viewed as a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter, it is said to be a(n) a. judicial

More information

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives Chapter 16: The Federal Courts The Nature of the Judicial The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers The Courts and Public Policy: An Understanding

More information

America s Federal Court System

America s Federal Court System America s Federal Court System How do we best balance the government s need to protect the security of the nation while guaranteeing the individuals personal liberties? I.) Judges vs. Legislators I.) Judges

More information

Copyright 2016, 2014, 2011 by Pearson Education, Inc. All Rights Reserved

Copyright 2016, 2014, 2011 by Pearson Education, Inc. All Rights Reserved The Federal Courts 15 Jon Elswick/AP Images Learning Objectives 15.1 15.2 15 Identify the basic elements of the American judicial system and the major participants in it. Outline the structure of the federal

More information

The Supreme Court The Judicial Branch

The Supreme Court The Judicial Branch The Supreme Court The Judicial Branch Judicial Branch Interprets the laws! What does that mean? Courts Apply the law to specific cases/situations Decisions: What does the law mean? Is it constitutional

More information

Chapter 10: The Judiciary

Chapter 10: The Judiciary Chapter 10: The Judiciary Constitution and Creation of the Federal Judiciary Read Article III and answer: Discuss justices/judges: terms, appointments, remuneration What powers and jurisdiction does the

More information

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2 The Judicial Branch Jurisdiction Federal Courts Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by Congress Judges serve during good Behavior Appointed

More information

Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column.

Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column. Lesson 1: Federal Courts ESSENTIAL QUESTION How can governments ensure citizens are treated fairly? GUIDING QUESTIONS 1. What is the role of the federal courts? 2. What kinds of cases are heard in federal

More information

LEARNING OBJECTIVES After studying Chapter 16, you should be able to: 1. Understand the nature of the judicial system. 2. Explain how courts in the United States are organized and the nature of their jurisdiction.

More information

Chapter Fifteen: The Courts

Chapter Fifteen: The Courts 1 Chapter Fifteen: The Courts Learning Objectives 2 Explain such major concepts of the American legal system, such as the common law tradition, precedent, jurisdiction, judicial review, and stare decisis.

More information

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH Elana Kagan (Obama) Samuel Alito (G.W. Bush) Sonia Sotomayor (Obama) Neil Gorsuch (Trump) Ruth Bader Ginsberg (Clinton) Unit Four- BB Anthony Kennedy (Reagan) Chief Justice John Roberts (G.W. Bush) Clarence

More information

Courts, Judges, and the Law

Courts, Judges, and the Law CHAPTER 13 Courts, Judges, and the Law CHAPTER OUTLINE I. The Origins and Types of American Law II. The Structure of the Court Systems III. The Federal and State Court Systems A. Lower Courts B. The Supreme

More information

a. Exceptions: Australia, Canada, Germany, India, and a few others B. Debate is over how the Constitution should be interpreted

a. Exceptions: Australia, Canada, Germany, India, and a few others B. Debate is over how the Constitution should be interpreted I. The American Judicial System A. Only in the United States do judges play so large a role in policy-making - The policy-making potential of the federal judiciary is enormous. Woodrow Wilson once described

More information

1. Which Article of the Constitution created the federal judiciary?

1. Which Article of the Constitution created the federal judiciary? 9 The Judiciary Multiple-Choice Questions 1. Which Article of the Constitution created the federal judiciary? a. Article III b. Article II c. Article VI d. Article I e. Article IX 2. According to Article

More information

***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.:

***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: THE FEDERAL COURTS ***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: STATE COURTS Jurisdiction over ordinances (locals laws) and state laws (laws

More information

Unit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III.

Unit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. Unit 4C STUDY GUIDE The Judiciary Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. 1. What power is vested in the courts? 2. The shall extend to all

More information

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1 Unit 3 Chapter 9 The Federal Judiciary Roots of the Federal Judiciary 9.1 The Judiciary Act of 1789 and the Creation of the Federal Judicial System The Marshall Court: Marbury v. Madison (1803) and Judicial

More information

AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes

AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes AP GOVERNMENT AND POLITICS THE JUDICIARY Learning Guide Study Guide Topic Notes STUDY GUIDE Exam Date The Judiciary, Wilson chapter 16 Topics... 1. Constitutional basics 2. Judicial review 3. Organization

More information

Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit

Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit Name: Date: Block # Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices Directions Listen and view today s PowerPoint lesson. As you view each slide, write in

More information

Civil vs Criminal Cases

Civil vs Criminal Cases Chapter Objectives Describe the state court system and its politics Analyze sources and consequences of the power of the federal judiciary and compare/contrast approaches to constitutional interpretation

More information

AP Government Chapter 15 Reading Guide: The Judiciary

AP Government Chapter 15 Reading Guide: The Judiciary AP Government Chapter 15 Reading Guide: The Judiciary 1. According to Federalist 78, what s Hamilton s argument for why the SCOTUS is the weakest of the branches? Do you agree? 2. So the court has the

More information

AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation

AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation Article III of the Constitution created a federal judiciary

More information

CHAPTER 18:3 Supreme Court

CHAPTER 18:3 Supreme Court CHAPTER 18:3 Supreme Court Chapter 18:3 o We will examine the reasons why the Supreme Court is often called the higher court. o We will examine why judicial review is a key feature in the American System

More information

INTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM

INTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM Trace the historical evolution of the policy agenda of the Supreme Court. Examine the ways in which American courts are both democratic and undemocratic institutions. CHAPTER OVERVIEW INTRODUCTION Although

More information

Chapter 14: The Judiciary Multiple Choice

Chapter 14: The Judiciary Multiple Choice Multiple Choice 1. In the context of Supreme Court conferences, which of the following statements is true of a dissenting opinion? a. It can be written by one or more justices. b. It refers to the opinion

More information

Primary Goal of the Legal System

Primary Goal of the Legal System The Judicial Branch Primary Goal of the Legal System The goal of the legal system is equal justice under the law This goal can be difficult to achieve. Why is the goal of equal justice under the law difficult

More information

AP AMERICAN GOVERNMENT. Chapter 14: The Judiciary

AP AMERICAN GOVERNMENT. Chapter 14: The Judiciary AP AMERICAN GOVERNMENT Unit Five Part 2 The Judiciary 2 1 Chapter 14: The Judiciary The Federal Court System The Politics of Appointing Judges How the Supreme Court Makes Decisions Judicial Power and Its

More information

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS AP Government & Politics Ch. 15 The Federal Court System & SCOTUS 1. A liberal judicial activist judge would probably support which of the following rulings made by the Supreme Court? A. a death penalty

More information

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels.

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. Judicial Branch SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. U.S. Supreme Court Judicial branch of our federal government is in charge of resolving disputes

More information

Chapter 18 The Judicial Branch

Chapter 18 The Judicial Branch Chapter 18 The Judicial Branch Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national

More information

Chapter 13: The Judiciary

Chapter 13: The Judiciary Learning Objectives «Understand the Role of the Judiciary in US Government and Significant Court Cases Chapter 13: The Judiciary «Apply the Principle of Judicial Review «Contrast the Doctrine of Judicial

More information

Court Records Glossary

Court Records Glossary Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement

More information

Ch Identify the basic elements of the American judicial system and the major participants in it (p.486)

Ch Identify the basic elements of the American judicial system and the major participants in it (p.486) Ch. 15.1 Identify the basic elements of the American judicial system and the major participants in it (p.486) Unit 5 The Federal Courts 1 Current Supreme Court C 83 L 79 L? C C C 80 C L Merrick Neil Gorsuch?

More information

Chapter 18: The Federal Court System Section 1

Chapter 18: The Federal Court System Section 1 Chapter 18: The Federal Court System Section 1 Origins of the Judiciary The Constitution created the Supreme Court. Article III gives Congress the power to create the rest of the federal court system,

More information

Presidency (cont.) The Judiciary Preview of Next Time The Judiciary Department of Political Science and Government Aarhus University October 9, 2014

Presidency (cont.) The Judiciary Preview of Next Time The Judiciary Department of Political Science and Government Aarhus University October 9, 2014 The Judiciary Department of Political Science and Government Aarhus University October 9, 2014 1 Presidency (cont.) 2 The Judiciary 3 Preview of Next Time 1 Presidency (cont.) 2 The Judiciary 3 Preview

More information

The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS

The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS I. Types of law. A. Statutory: deals w/written statutes (laws). B. Common. 1. Based upon a system of unwritten law. 2. Unwritten laws are based upon

More information

Topic 7 The Judicial Branch. Section One The National Judiciary

Topic 7 The Judicial Branch. Section One The National Judiciary Topic 7 The Judicial Branch Section One The National Judiciary Under the Articles of Confederation Under the Articles of Confederation, there was no national judiciary. All courts were State courts Under

More information

Possible Judiciary FRQs

Possible Judiciary FRQs Name: Class Period: Possible Judiciary FRQs Essay 1 Compare and contrast civil and criminal law 2 Define and discuss the principle of stare decisis 1 Name: 3 Compare and contrast original and appellate

More information

Magruder s American Government

Magruder s American Government Presentation Pro Magruder s American Government C H A P T E R 18 The Federal Court System 2001 by Prentice Hall, Inc. C H A P T E R 18 The Federal Court System SECTION 1 The National Judiciary SECTION

More information

American Government & Civics Final Exam Review Guide

American Government & Civics Final Exam Review Guide American Government & Civics Final Exam Review Guide The exam is 80 multiple choice questions worth one point each, 10 multiple choice questions over 2 readings worth one point each, and a 10 point written

More information

Chapter 8 TEST The Court System

Chapter 8 TEST The Court System US Government - Ried Chapter 8 TEST The Court System 1) Which courts hear the vast majority of cases in the United States? A. bankruptcy courts B. federal courts C. appellate courts D. state courts 2)

More information

Important Court Cases Marbury v. Madison established power of Supreme Court to declare acts of Congress unconstitutional

Important Court Cases Marbury v. Madison established power of Supreme Court to declare acts of Congress unconstitutional Guiding Principles of the Judicial System Equal justice under the law Due Process of the law procedural substantive The Adversary System Presumption of Innocence Judicial System Types of Law Civil law

More information

Chapter 11 and 12 - The Federal Court System

Chapter 11 and 12 - The Federal Court System Chapter 11 and 12 - The Federal Court System SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. Powers of the Federal Courts Federal courts are generally created by

More information

THE JUDICIARY. In this chapter we will cover

THE JUDICIARY. In this chapter we will cover THE JUDICIARY THE JUDICIARY In this chapter we will cover The Constitution and the National Judiciary The American Legal System The Federal Court System How Federal Court Judges are Selected The Supreme

More information

United States Judicial Branch

United States Judicial Branch United States Judicial Branch Role of the Courts Resolving disputes Setting precedents Interpreting the law Strict or loose constructionists Jurisdiction -right to try and decide a case. Exclusive jurisdiction

More information

Rabalais AP Government Review Vocabulary List

Rabalais AP Government Review Vocabulary List Rabalais AP Government Review Vocabulary List Chapter 2 The Constitution Democracy Government by the people, both directly or indirectly, with free and frequent elections. Direct democracy Government in

More information

The Federal Judiciary (HAA)

The Federal Judiciary (HAA) The Federal Judiciary (HAA) At fewer than 500 words, Article III of the Constitution, which spells out the powers of the nation s judicial branch, is remarkably brief. The framers brevity on this topic

More information

Warm Up: Review Activity Declare your Powers

Warm Up: Review Activity Declare your Powers Mr. Cegielski S E C T I O N 1 The National Judiciary ESSENTIAL QUESTIONS: Why did the Constitution create a national judiciary? What is the structure of the national judiciary? What criteria are used to

More information

AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16

AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16 AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16 MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) A budget deficit occurs

More information

Political Science 417. Deciding to Decide. Key Stages. PS417: Certiorari. Overview of Supreme Court Process

Political Science 417. Deciding to Decide. Key Stages. PS417: Certiorari. Overview of Supreme Court Process Political Science 417 Deciding to Decide Overview of Supreme Court Process Discretionary jurisdiction writ of certiorari Court conference rule of four Briefs amicus curae Solicitor General Oral arguments

More information

3. The doctrine of stare decisis is based on. a. precedents b. caucuses c. writs d. objections e. mistrials

3. The doctrine of stare decisis is based on. a. precedents b. caucuses c. writs d. objections e. mistrials 1. The common law evolved from the, established by William the Conqueror in England. a. courts of registry b. commonwealth courts c. criminal houses d. king's courts e. appellate courts 2. Which of the

More information

Creation. Article III. Dual Courts. Supreme Court Congress may create inferior courts. Federal State

Creation. Article III. Dual Courts. Supreme Court Congress may create inferior courts. Federal State The Federal Courts Creation Article III Supreme Court Congress may create inferior courts Dual Courts Federal State Federal Courts Underneath Supreme Court Two Types Constitutional exercise judicial power

More information

CHAPTER 12 Federal Courts

CHAPTER 12 Federal Courts CHAPTER 12 Federal Courts OUTLINE The Role of the Courts Settling Disputes Judicial Policymaking Political History of the Supreme Court The Federal Court System District Courts Courts of Appeal Supreme

More information

American Government Chapter 18 Notes The Federal Court System

American Government Chapter 18 Notes The Federal Court System American Government Chapter 18 Notes The Federal Court System Section 1 a. The National Judiciary B. Creation of a National Judiciary a. Framers of Constitution created a national judiciary b. A Dual Court

More information

The Courts and The Judiciary Part III

The Courts and The Judiciary Part III The Courts and The Judiciary Part III The interpretation of the law is the proper and peculiar province of the courts. A constitution is, and must be regarded by judges as, fundamental law. It therefore

More information

Unit 2 Content Review: Interactions Among Branches of Government

Unit 2 Content Review: Interactions Among Branches of Government C o Unit 2 Content Review: Interactions Among Branches of Government Essential Questions 1. How do the branches of the national government compete and cooperate in order to govern? 2. To what extent have

More information

JUDICIAL REVIEW. In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined:

JUDICIAL REVIEW. In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined: JUDICIAL REVIEW Judicial Review: The process by which a court decides the constitutionality of legislative enactments and actions by the executive branch. While the U.S. Constitution makes no mention of

More information

STUDENT GOVERNMENT ASSOCIATION OF THE JOHNS HOPKINS UNIVERSITY

STUDENT GOVERNMENT ASSOCIATION OF THE JOHNS HOPKINS UNIVERSITY RULES OF THE JUDICIARY OF THE STUDENT GOVERNMENT ASSOCIATION OF THE JOHNS HOPKINS UNIVERSITY ADOPTED APRIL 2014 TABLE OF CONTENTS Part I: Composition and Role of the Judiciary Section 1: Constitutional

More information

4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT

4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT 4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT The Judicial Branch The judicial branch of the federal government consists of all federal courts. Article III of the Constitution established the U.S.

More information

AP US GOVERNMENT & POLITICS UNIT 4 REVIEW

AP US GOVERNMENT & POLITICS UNIT 4 REVIEW AP US GOVERNMENT & POLITICS UNIT 4 REVIEW INSTITUTIONS OF NATIONAL GOVERNMENT If unit 3 was about linkage institutions, unit 4 is about policymaking institutions. Legislative Branch: Makes the laws. This

More information

AP US Government Top 20 Topics

AP US Government Top 20 Topics AP US Government Top 20 Topics These topics have made up one-third of all mult-choice questions and one-quarter of all free-response questions. Your goal is a 4-5, so you are shooting for getting 62% of

More information

Exam is December 6, the last day of class, in our regular classroom in McCarty Hall at 9:35.

Exam is December 6, the last day of class, in our regular classroom in McCarty Hall at 9:35. Exam is December 6, the last day of class, in our regular classroom in McCarty Hall at 9:35. MATERIAL ON THE TEST: Chapters 12, 15, 14, 7, 16, 17 in Edwards textbook, and Sides and Kalev, The Media Giveth,

More information

Course Outcome Summary American Government/Survey of Government

Course Outcome Summary American Government/Survey of Government American Government/Survey of Government Course Information: Instruction Level: 12th grade Total Credits: 1 (1 semester course) Description: This course is an introduction to the basic concepts of American

More information

Bits and Pieces to Master the Exam Random Thoughts, Trivia, and Other Facts (that may help you be successful AP EXAM)

Bits and Pieces to Master the Exam Random Thoughts, Trivia, and Other Facts (that may help you be successful AP EXAM) Bits and Pieces to Master the Exam Random Thoughts, Trivia, and Other Facts (that may help you be successful AP EXAM) but what is government itself but the greatest of all reflections on human nature?

More information

Good Morning Finance 270. Finance 270 Summer The Legal & Regulatory Environment of Business

Good Morning Finance 270. Finance 270 Summer The Legal & Regulatory Environment of Business Good Morning The Legal & Regulatory Environment of Business I. The Court System The Parties Involved Judges, Magistrates, & Justices Jurors Lawyers Litigants A. Judges, Magistrates, & Justices Trial Judges

More information

Supreme Court of the United States

Supreme Court of the United States No. 12-1281 IN THE Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD PETITIONER, v. NOEL CANNING, A DIVISION OF THE NOEL CORP. RESPONDENTS. On Writ of Certiorari to the United States Court

More information

Members policy specialists

Members policy specialists Institutions of National Government (Congress, Presidency, and Bureaucracy) Congress (435 representatives and 100 senators).house v. Senate (study chart on page 375 Key Differences ) A) Party Leadership.

More information

Name: Pd: Regarding Unit 6 material, from College Board:

Name: Pd: Regarding Unit 6 material, from College Board: Name: Pd: AP Government Unit 6 (Ch. 16, 4, and 5) Study Guide 15-30% of course material and May 12, 2015 AP Exam Mastery Questions and Practice FRQs Ch. 4 & 5 DUE 4/21/15 Ch. 16 DUE 4/28/15 Regarding Unit

More information

Introduction to the American Legal System

Introduction to the American Legal System 1 Introduction to the American Legal System Mitchell L. Yell, Ph.D., and Terrye Conroy J.D., M.L.I.S. University of South Carolina [Laws are] rules of civil conduct prescribed by the state... commanding

More information

Name: Pd: Regarding Unit 6 material, from College Board:

Name: Pd: Regarding Unit 6 material, from College Board: Name: Pd: AP Government Unit 6 (Ch. 4, and 5) Study Guide 15-30% of course material and May 10, 2016 AP Exam Mastery Questions and Practice FRQs Due on Tuesday 4/26/2016 Regarding Unit 6 material, from

More information

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. GlosaryofLegalTerms acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. affidavit: A written statement of facts confirmed by the oath of the party making

More information

You know the legislative branch

You know the legislative branch You know the legislative branch and the executive branch but you don t know The Judicial Branch!!! Laws are a dead letter without courts to expound and define their true meaning and operation Alexander

More information

AP Government Summer Assignment

AP Government Summer Assignment AP Government Summer Assignment 1 As a student in AP government, you will be expected to come prepared to class every day. To ensure that you are ready for the first days of class, I have created the following

More information

STUTSON v. UNITED STATES. on petition for writ of certiorari to the united states court of appeals for the eleventh circuit

STUTSON v. UNITED STATES. on petition for writ of certiorari to the united states court of appeals for the eleventh circuit OCTOBER TERM, 1995 193 Syllabus STUTSON v. UNITED STATES on petition for writ of certiorari to the united states court of appeals for the eleventh circuit No. 94 8988. Decided January 8, 1996 The District

More information