The Judicial Branch Review Unit 5

How does the President have influence over the Supreme Court?

Appointment of judges

What percentage of all criminal cases are settled by plea bargain?

97% (so almost all of them)

The case that forever tied the issue of slavery to states’ rights.

Dred Scott v Sanford

Which President in the last 55 years did not appoint a Supreme Court justice?

Jimmy Carter

Which President appointed the most Supreme Court justices?

FDR

This type of opinion is when the justice agrees with the majority opinion, but for a different reason.

Concurring opinion

This case overturned Plessy v Ferguson

Brown v Board of Education

True or False? Most Supreme Court cases come to the court from lesser courts.

True

This presidential appointee is responsible for arguing the government’s case before the SCOTUS, and sets the court’s agenda.

Solicitor General

There are five major factors that influence the decisions of the SCOTUS. List one of them.

Existing laws Justice interactions with each other Social forces/ public Congress/ President Personal views

List the four major categories of crime.

Personal Property Inchoate Statutory

Which category of crime involves such things as theft, robbery, or embezzlement?

Property

The SCOTUS ruled that the 14th Amendment guaranteed this 6th Amendment right to all levels of the judicial system.

Right to counsel

The Constitution established the SCOTUS, but who sets the number of justices as well as the number of federal courts?

Congress

The power to confirm (or approve) a presidential appointee for a federal judge position resides with?

Senate

This case changed law enforcement policies and procedures nationwide.

Miranda v Arizona

A legal argument set forth in a written statement is called a _____.

Brief

Any decision by the Supreme Court sets a ____, which influeces any future cases dealing with that same topic.

Precedent

What is a control of power the Senate has over the Supreme Court?

Confirmation Power (approving the appointment)

Identify the four steps of the procedure a case goes through once the SCOTUS agrees to hear the case.

Lawyers submit briefs Oral argument Justices debate the case Court issues opinion

A written decision by the court is called a(n) _____.

Opinion

What are the two classifications of crimes?

Felony Misdemeanor

Out of the four major categories of crimes, this one involves such things as assault, battery, murder, and kidnapping.

Personal

Out of the four major categories of crimes, this one involves such things as DUI and contributing to a minor.

Statutory

Out of the four major categories of crimes, this one involves such things as attempted murder or conspiracy to commit murder.

Inchoate

Latin for “friend of the court”

Amicus curiae

Latin for “let the decision stand”

Stare decisis

An order from the Supreme Court for records/ a written plea for the SCOTUS to hear a case

Writ of certiorari

This is a removal from a case due to a conflict of interest

Recuse

The deciding vote is a case that would break a tie.

Swing vote

Legislating from the bench

Judicial activism

A serious crime

Felony

Theory of interpretation that encourages judges to limit their power and follow the Constitution strictly when deciding cases

Judicial restraint

Minor crimes

Misdemeanor

Opinion of judges on the opposing side of a case being determined

Dissenting opinion

This is the opinion if 5 out of the 9 judges agree to it.

Majority opinion

Type of opinion where all the judges vote the same way

Unanimous opinion

The number of judges needed to hear and decide a case in the federal appellate court.

3

The number of justices needed to reach a majority opinion on a case.

5

The number of justices needed to agree to hear a case at the Supreme Court.

4

The number of justices needed to be present in the Wednesday and Friday meeting to make a decision on a case

6

The number of judges needed in a district court to hear a case

1

The authority to hear certain cases

Jurisdiction

Precedent for judicial review (established judicial review)

Marbury v Madison

Justices who traveled from town to town to hear cases in the old west

Riding the circuit

The first African American Supreme Court justice.

Thomas Goodall

The first female Supreme Court justice

Sandra Day O’Connor