Judicial branch test Flashcards


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1

What is impeachment?

Bringing charges against a government official.

2

Which Article of the Constitution created the Judicial Branch?

Article III

3

What is the two-step process for becoming a Supreme Court justice or Federal judge?

President nominates candidate and the Senate approves.

4

What title to the justices (other than the chief justice) hold?

associate justices

5

How many justices are on the Supreme Court?

9

6

How was the Supreme Court created? Who creates the lower Federal courts?

Article III of the Constitution

Congress

7

Why is the Supreme Court the highest court in the US. (2 reasons)

1. Final authority on ALL cases

2. Has final word on constitutional issues

8

What are the two levels of court systems in the US?

Federal and state courts

9

What are the two types of jurisdiction of the Supreme Court?

Appellate and original

10

What was the major weakness of the Articles of Confederation (from a judiciary standpoint).

Absence of a national court system

11

Where would one hear a court - martial?

Military court setting

12

Name three times in US history that military tribunals were used.

Mexican-American War

Civil War

World war II

13

Who files impeachment charges against government officials?

House of Representatives

14

What is the role and purpose of a grand jury? Who must be present in front of a grand jury?

Decides if there's enough evidence for a case to even go to trial.

The prosecution

15

Where do most cases in US Tax Court originate?

Disputes with the IRS.

16

What is the rule of four?

The Supreme court itself decides what case it will take.

17

How many Federal District Courts are in the US? How many Court of Appeals?

94

13

18

How many cases a year do the Court of Appeals hear?

40,000

19

What is the role of a magistrate?

Appointed by federal judges to issue arrest warrants, set bail in federal criminal cases, and even conduct trials for minor offenses.

20

How long to justices serve on the Supreme Court?

For life or until retirement

21

What two types of cases does the Supreme Court have original jurisdiction?

1. Conflicts between states

2. Constitutional issues

22

When do the Court of Appeals have original jurisdiction?

never

23

How many judges hear a case in Federal District Court? How many in the Court of Appeals?

1

3

24

Majority opinion

What the court decided and how they came to that conclusion.

25

Concurring opinion

May stress or emphasize a point that was not made in the majority opinion.

26

Dissenting opinion

Explains why one or more justices disagree with the courts majority opinion.

27

What is judicial review? What court case established judicial review?

Power of the court to determine if government actions are constitutional

Marbury V. Madison

28

Who was the famous chief justice in Marbury v. Madison

John Marshall

29

How many cases are appealed in a year to the Supreme Court? How many get heard?

5,000

150

30

Who decides which cases the Supreme Court will hear?

Supreme Court justices

31

Describe how a case unfolds in front of the Supreme court.

- Each side gets 30 min to present argument

- Justices have already reviewed the case

- Takes 6-12 months to make it public

32

Why are justices appointed to the Supreme Court for life?

Judicial independence

33

What type of jurisdiction do Federal District courts have?

Original jurisdiction

34

Know examples of criminal and civil cases on the federal level.

CRIMINAL: Bank robbery, mail fraud, tax evasion, counterfeiting, kidnapping

CIVIL: Bankruptcy, labor relations, civil rights, public lands

35

John Marshall

- served 34 years on supreme court

- chief justice for Marbury v. Madison and McCulloch v. Maryland

36

John Jay

First ever chief justice of the United States

37

Thurgood Marshall

- first African-American court justice

- lead council in the Brown V. Board of Education

38

Sandra Day O'Connor

first female supreme court justice

39

Clarence Thomas

- 2nd ever African-American

- went through lengthy Senate confirmation hearing

- Accused of sexual harassment

40

John Roberts

current chief of justice

41

Sonia Sotomayor

- 2009

- Most recent additions to supreme court

- Nominated by presidents Obama and Trump

42

Elena Kagan

- 2010

- Most recent additions to supreme court

- Nominated by presidents Obama and Trump

43

Brett Kavanaugh

- 2018

- Most recent additions to supreme court

- Nominated by presidents Obama and Trump

44

Amy Coney Barrett

- 2020

- Most recent additions to supreme court

- Nominated by presidents Obama and Trump

45

Robert Bork

- nomination was rejected by the Senate

- Too conservative and was allegedly involved in Watergate