The judicial branch

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The judicial branch

  1. 1. Review Part I The Judicial Branch
  2. 2. 1.What is the purpose of the Judicial Branch? <ul><li>To interpret the laws as they apply to the constitution. </li></ul>
  3. 3. 2. Who appoints the members of the Supreme Court? <ul><li>The President </li></ul>
  4. 4. 3. Who approves or rejects the appointments? <ul><li>The Senate </li></ul>
  5. 5. 4. What check and balance does the supreme Court have over the executive and legislative branches? <ul><li>Invalidating laws it decides are unconstitutional? </li></ul>
  6. 6. 5. For how long is an appointment to the supreme court? <ul><li>For life </li></ul>
  7. 7. 6. What condition does the constitution impose on judges in order to hold their offices? <ul><li>Good behavior </li></ul>
  8. 8. 7. How many Supreme Court Justices have been impeached? <ul><li>one </li></ul>
  9. 9. 8. What is the difference between being a judge and a justice? <ul><li>None </li></ul>
  10. 10. 9. What are two examples of influential supreme Court decisions? <ul><li>Dred Scott v Sandford 1857 </li></ul><ul><li>Brown v the board of Education of Topeka, Kansas 1954 </li></ul>
  11. 11. 10. What did the Dred Scott v Sandford decision say? <ul><li>That in all states slaves were considered property of their owners </li></ul>
  12. 12. 11. Why was this influential? <ul><li>It was one of the causes of the Civil War </li></ul>
  13. 13. 12. What did Brown v the Board of Education of Topeka Kansas say? <ul><li>It outlawed public school racial discrimination </li></ul>
  14. 14. 13. Why was this influential? <ul><li>It sparked the modern civil rights movent </li></ul>
  15. 15. 14. How does the President check and balance the Supreme Court? <ul><li>By appointing the judges </li></ul>
  16. 16. 15. How does the Senate check and balance the Supreme Court? <ul><li>By accepting or rejecting court appointments </li></ul>
  17. 17. 16. How was the Supreme Court established? <ul><li>By Article 3 of the U.S. Constitution </li></ul>
  18. 18. 17. How were the lower courts established? <ul><li>Inferior state courts were established by Congress </li></ul><ul><li>State courts were established by State governments </li></ul>
  19. 19. 18. What are the courts under the Supreme Court? <ul><li>Appeals Courts </li></ul><ul><li>District courts </li></ul><ul><li>State and other lower courts </li></ul>
  20. 20. 19. Why are these courts called “inferior?” <ul><li>Because they can be overruled by the Supreme Court </li></ul>
  21. 21. 20. What is Judicial Review? <ul><li>The authority of the Supreme Court to examine the actions of the legislative and executive branches to ensure that they are constitutional </li></ul><ul><li>The ruling on decisions of lower courts when those decisions are challenged or “appealed” </li></ul>
  22. 22. 21. What did the Marbury v Madison in 1803 say? <ul><li>Any act of Congress which conflicts with the constitution is null and void </li></ul><ul><li>The supreme court is the supreme interpreter of the constituion </li></ul>
  23. 23. 22. How many Supreme Court justices are there? <ul><li>9 </li></ul>
  24. 24. 23. What is the voting structure of the Supreme Court? <ul><li>A majority vote of the entire court is decisive </li></ul><ul><li>A tie vote sustains a decision of a lower (“inferior”) court </li></ul><ul><li>One vote one justice </li></ul>
  25. 25. 24. What is the supreme court’s jurisdiction? <ul><li>Original – cases the supreme court hears for the first time involving controversies between states, state and federal government, states and citizens and others involving admiralty and maritime issues. </li></ul><ul><li>Appellate – cases that have worked their way through the inferior courts. Here the Supreme considers questions of constitutionality and can at its discretion review other court decisions. </li></ul>
  26. 26. 25. How is it decided which cases the Supreme Court will hear among thousands of petitions? <ul><li>Four justices must vote in favor of doing so </li></ul>
  27. 27. <ul><li>Part II </li></ul>
  28. 28. 26. What are two types of legal cases? <ul><li>Civil cases and criminal cases </li></ul>
  29. 29. 27. Who brings cases against people accused of breaking the law (criminal cases)? <ul><li>The government </li></ul>
  30. 30. 28. What are civil cases? <ul><li>Cases brought by one party against another over things like broken contracts and non-criminal property damage of injury </li></ul>
  31. 31. 29. What is Juvenile Court? <ul><li>The court where minors go if they break the law </li></ul>
  32. 32. 30. What are the two basic court systems in the U.S? <ul><li>Federal and State </li></ul>
  33. 33. 31. What cases are covered by State Courts? <ul><li>Those dealing with state laws and state constitutions </li></ul>
  34. 34. 32. Where are the vast majority of cases both civil and criminal dealt with? <ul><li>State Courts </li></ul>
  35. 35. 33. Where are cases first heard? <ul><li>State trial courts </li></ul>
  36. 36. 34. What is a trial? <ul><li>A hearing where each side argues its case before a judge or a jury </li></ul>
  37. 37. 35. What does the loser of a case do if he isn’t satisfied by the outcome of a trial? <ul><li>Appeal it </li></ul>
  38. 38. 36. What is an appeal? <ul><li>When a higher court is asked to review a case </li></ul>
  39. 39. 37. What if the loser in a case does not like the outcome from a state appeals court? <ul><li>It can be appealed to a State Supreme Court </li></ul>
  40. 40. 38. What do appeals courts and supreme courts have instead of juries? <ul><li>Panels of judges </li></ul>
  41. 41. 39. What kind of cases are heard by Federal Courts? <ul><li>Those having to do with laws that apply to the whole country, including civil cases involving federal law </li></ul><ul><li>Disputes between citizens of different states </li></ul><ul><li>Those involving federal crimes. </li></ul>
  42. 42. 40. What are federal crimes? <ul><li>Violations of the U.S. Constitution or of laws passed by Congress </li></ul>
  43. 43. 41. What are the 3 levels of Federal Courts? <ul><li>Federal District Courts (Circuit Courts) </li></ul><ul><li>Federal Courts of Appeals </li></ul><ul><li>The Supreme Court </li></ul>
  44. 44. 42. How many regions (or circuits) are there for Federal District Courts? <ul><li>12 </li></ul>
  45. 45. 43. About how many cases does the Supreme Court hear per year? <ul><li>100 </li></ul>

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