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 cases, in and equity, arising under this power, the of the United States, and made, or which shall be made, under their authority. 3. The Constitution established the. 4. was granted the power to establish and ordain, which means the remainder of the federal courts. 5. All judges shall hold their power during, which means they serve for. 6. List seven areas where the Supreme Court has jurisdiction. Put a checkmark notating the type of jurisdiction. (Some areas will have both types of jurisdiction.) Areas of Jurisdiction Original Appellate 7. According to Article III, what are the formal qualifications of federal judges? 8. From Article I, cite the Section and Clause that establishes the office of the Chief Justice. What does it say about this individual? The Judiciary - Page 1
9. In Article II, Section, the constitution establishes the procedure for becoming a federal judge. What is the process? 10. 2 Types of Law Definition Example of that Type of Case Criminal 11. Define litigant. Provide an example of one. 12. Identify and explain the two actors in every case. a. b. 13. Courts are passive. Explain. Give an example. 14. What is standing to sue? Provide an ORIGINAL hypothetical example. 15. What are class action lawsuits? 16. What is a justiciable disputes? Using the term, write an original sentence with an example. The Judiciary - Page 2
17. Regarding the courts, interest groups attempt to shape policy in two major ways. Type of Activity Explain with examples from the NAACP, ACLU, and/or ACLJ 18. How does the federal government try to ensure that all American citizens have legal representation when needed? THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM 19. In the Judiciary Act of 1789, Congress created courts, which include the courts and the Courts of. Congress can abolish or alter these courts at any time. (Sometimes the number of courts at each level changes, but they have never been eliminated from the judicial system. The Judiciary - Page 3
20. Federal District Courts District courts have jurisdiction. They are the only federal courts where are held and in which may be impaneled. Federal district courts hear both and cases. Most people are surprised to learn that about of all criminal cases are heard at the level. That leaves about at the federal level. Since most of these are plead out, only a very small number of criminal cases are heard at the level. Approximately of civil cases go to trial because most are out of court. 21. Jurisdiction of District Courts a. Jurisdiction Of District Courts b. c. d. e. f. g. 22. Legislative Courts (the ones few people know about) Purpose of a Legislative Court List 4 Legislative Courts 1. How do these judges differ from other federal judges? 2. 3. 4. Why do some consider that unconstitutional? The Judiciary - Page 4
23. Courts of Appeal a. Identify one advantage of having regional Courts of Appeal? b. What is the major disadvantage? What problem does this present to the SCOTUS? c. Since these Circuit Courts do not have trials or juries, who decides the cases? The Supreme Court 24. Who decides how many justices will sit on the Supreme Court? 25. Explain the following chart (Figure 16.3 in your textbook) 26. All federal judges are by the president, and by a of the. The Judiciary - Page 5
27. Explain senatorial courtesy in your own words. Do not copy the definition from the book! 28. How does the appointment process differ between the lower courts and the Supreme Court? Which one does the Congress have greater influence? 29. What are the factors that influence Senate confirmation? (See your class notes.) a. b. c. d. e. f. g. The Judiciary - Page 6
Obtaining Space on the Supreme Court s Docket 30. Explain the Rule of 4. 31. If the Court decides to take a case, they issue a. The Supreme Court s Decision-Making Process 32. An is the statement of legal reasoning behind the judicial decision. The content of it may be as important as the itself. Type of Opinion Description Majority Opinion The Opinion Dissenting Opinion Concurring Opinion 33. Discuss the MICRO and MACRO factors that influence a judge s decision making. (Ask me.) The Judiciary - Page 7
34. Explain the differences between original intent and living document. Which is closer to your view of how a justice should interpret the Constitution? 35. What is stare decisis and why it is considered important? Give an example of a case that did not follow stare decisis. 36. What is judicial review? Is it in the Constitution? Explain the importance of Marbury v. Madison. 37. What is judicial implementation? 38. How can the courts check the president? 39. How can the courts check Congress? 40. How can the courts check the bureaucracy? 41. How can Congress check the courts? 42. How can the president check the courts? 43. Significant Courts Court Landmark Cases Description of Court (Include view of federalism) Marshall Warren Burger Rehnquist Roberts The Judiciary - Page 8
44. Be able to name each Supreme Court justice, as well as which wing of the Court they belong. Know who the swing vote is. Supreme Court Justices, 2011 Seated: Clarence Thomas, Antonin Scalia, CJ John Roberts, Anthony Kennedy, Ruth Bader Ginsburg. Standing:Sonia Sotomayor, Stephen Breyer, Sam Alito, Elena Kagan. The Judiciary - Page 9
20 th Century Senate Rejections of Supreme Court Nominees Supreme Court s Rulings that Declared a Federal Statutes Unconstitutional The Judiciary - Page 10