Chapter 7

Question 0

Goal of the judicial branch

Answer 0

Equal justice for all

Question 1

Purpose of the judicial branch

Answer 1

To interpret the law and settle disputes

Question 2

Dual Court System is composed of

Answer 2

1. Federal Courts

2. State Courts

Question 3

Types of Federal Courts

Answer 3

1. Constitutional

2. Special Courts

Question 4

Types of Constitutional courts

Answer 4

1. Supreme Court
2. Courts of Appeal
3. District Courts
4. Court of International Trade

Question 5

Types of Special Courts

Answer 5

1. Court of Military Appeals
2. Court of Veteran Appeals
3. Claims Courts
4. Territorial Courts
5. Tax Courts
6. Courts of the District of Columbia (D.C.)

Question 6

Jurisdiction

Answer 6

The authority of a court to hear and decide a case

Question 7

What determines federal jurisdiction

Answer 7

1. Subject matter

2. Parties Involved

Question 8

Exclusive Jurisdiction

Answer 8

The case can only be heard in federal court

Question 9

———-Examples of Federal Jurisdiction

Answer 9

1. Admiralty or Maritime Law
2. Government involved in any way
3. If it involves foreign diplomats
4. If one state sues another state
5. If a state sues a foreign country
6. If an individual from on state sues individual from another state
7. If an individual sues a foreign country

Question 10

Concurrent Jurisdiction

Answer 10

The case can be heard in both federal and state

Question 11

Original Jurisdiction

Answer 11

The court where the case is first heard

Question 12

Appellate Jurisdiction

Answer 12

The court that hears the case on appeal from a lower court

Question 13

What are the qualifications for Federal Judges (according to the Constitution)

Answer 13

There are none

Question 14

How can you become a Federal Judge

Answer 14

Must be appointed by the President and confirmed by the Senate

Question 15

Federal Judges

Answer 15

1. Lifetime term
2. Can be impeached and removed
3. Congress sets their salary
4. Salary can never be decreased

Question 16

Types of law

Answer 16

1. Common law
2. Criminal law
3. Civil law
4. Public law

Question 17

Criminal Law

Answer 17

Cases arising out of actions that violate laws protecting the health, safety, and morals of the community
- Government is always the plaintiff

Question 18

Common Law

Answer 18

Law derived from the application of previous case decisions to present cases

Question 19

Plaintiff

Answer 19

The party bringing the charges

Question 20

Civil Law

Answer 20

Involved disputes between citizens or between the government and citizens where no crime is alleged

Question 21

Contract Cases

Answer 21

Disputes that arise over voluntary actions

Example: Divorce

Question 22

Tort cases

Answer 22

Disputes that arise out of obligations inherent to social life
- Includes slander

Question 23

Public law

Answer 23

Cases where the powers of government or the rights of citizens are involved

Question 24

Inferior Courts (constitutional courts)

Answer 24

1. District Courts 2. Courts of Appeal 3. Court of Appeals for the Federal Circuit 4. Court of International Trade

Question 25

Constitutional Law

Answer 25

Judicial review, review of the constitution

Question 26

Administrative Law

Answer 26

Involves disputes over the statutory authority, jurisdiction, and procedures of administrative agencies

Question 27

District Courts

Answer 27

1. Created by the Judiciary Act of 1789 2. Hear both criminal and civil cases 3. One judge 4. Has a jury

Question 28

Courts of Appeal

Answer 28

1. Established in 1891 2. There are 12 courts of appeal 3. Hear cases on appeal from the lower courts 4. Panel of judges 5. No jury

Question 29

Court of Appeals for the Federal Circuit

Answer 29

1. Created in 1982 | 2. Does the same thing as Court of Appeals except they have nationwide jurisdiction

Question 30

Court of International Trade

Answer 30

Handle cases that deal with tariffs and trade laws

Question 31

Supreme Court

Answer 31

Highest court in the country

Question 32

Supreme Court is composed of

Answer 32

1 Chief justice, 8 associate justices | always have 1 chief justice, associate justices are set by congress

Question 33

Judicial Review

Answer 33

The right of the court to determine the constitutionality of law

Question 34

How are the justices appointed?

Answer 34

They are appointed by the President and confirmed by the Senate

Question 35

What do the justices do

Answer 35

1. Hear cases on appeal | 2. Judicial review

Question 36

Maddison vs Maurberry

Answer 36

Establishes the principal of Judicial Review

Question 37

What kind of Jurisdiction does the Supreme Court have

Answer 37

Appellate

Question 38

How does the case reach the Supreme Court

Answer 38

Through the: 1. Writ of Appeal 2. Writ of Certiorari 3. Certificate

Question 39

Certificate

Answer 39

The lower court will ask the Supreme Court to answer a specific legal question

Question 40

When does the Supreme Court open and close

Answer 40

First week of October through the first week of July

Question 41

Solicitor General

Answer 41

The attorney (lawyer) that represents the US government before the Supreme Court

Question 42

What is the process of a court case hearing

Answer 42

1. Lawyers file a brief with the court 2. Oral argument 3. Conference 4. Opinion

Question 43

Oral argument

Answer 43

Sides present their cases

Question 44

Conference

Answer 44

Judges discuss the case

Question 45

Opinions

Answer 45

1. Majority Opinion 2. Concurring Opinion 3. Dissenting Opinion

Question 46

Majority Opinion

Answer 46

The majority rules

Question 47

Concurring Opinion

Answer 47

Agrees with the majority but, it will emphasize a point that was not made in the opinion

Question 48

Dissenting Opinion

Answer 48

Does not agree with the majority

Question 49

Supreme Court members serve

Answer 49

For life

Question 50

First female Supreme Court member

Answer 50

Sarah Day O'Conner

Question 51

First black Supreme Court member

Answer 51

Thurgood Marshall

Question 52

Second black Supreme Court member

Answer 52

Clarence Thomas

Question 53

Supreme Court Chief Justices

Answer 53

1. John Jay 2. John Rutledge 3. Oliver Ellsworth 4. John Marshall 5. Roger Taney 6. Salmon P. Chase 7. Morison Waite 8. Melville Fuller 9. Edward White 10. William Taft 11. Charles Evans Hughes 12. Harlan Stone 13. Fred Vinson 14. Earl Warren 15. Warren Burger 16. William Rehnquist 17. John Roberts

Question 54

Special Courts

Answer 54

1. Federal Claims Court 2. Territorial Courts 3. Courts of the District of Columbia 4. Court of Appeals for the Armed Forces 5. Court of Veterans Appeals 6. United States Tax Courts

Question 55

Federal Claims Court

Answer 55

They hear claims for damages against the US Government

Question 56

Territorial Courts

Answer 56

Local courts of the territories

Question 57

Courts of the District of Columbia

Answer 57

Local courts in Washington, D.C.

Question 58

Court of the Appeals for the Armed Forces

Answer 58

Civilian judges | For people who are in the armed forces that commit a crime

Question 59

Court of Veterans Appeals

Answer 59

They hear cases involving veterans benefits

Question 60

United States Tax Court

Answer 60

They hear cases involving disputes over the tax laws

Question 62

Special Courts serve based on

Answer 62

Terms