Judicial Branch
1. What is the purpose of our legal system? Resolve criminal and civil legal conflicts Interpret and apply the law to actual situations
2. What two kinds of cases do the federal courts hear? Criminal Court determines whether a person accused of breaking a law is innocent or guilty Decide punishments of guilty parties Civil Court settles disagreements Divorce, contracts, auto accidents, violation of Constitutional rights
3. Describe the levels of a typical state court system. Court of Final Appeals- State Supreme Court reviews case Appeals Court- Reviews case if original ruling was unjust Trial Courts- original jurisdiction that determines facts of a case
4. What kind of jurisdiction does a federal district have 4. What kind of jurisdiction does a federal district have? A federal court of appeals? Federal District Original jurisdiction- hears the case first Federal Court of Appeals Appelate jurisdiction- hears cases from a group of district courts (circuits)
5. What is the major purpose of the Supreme Court? Serves as the final court of appeals for both the state and federal court systems
6. Describe two major differences between a federal judge and a member of Congress. Legislators Judges Open to influence of citizens, interest groups, other legislators, President Solve broad problems by making laws Impartial- no party affiliations or obligations Apply laws to specific cases, define, and clarify laws
7. How did the case Marbury v 7. How did the case Marbury v. Madison allow the Supreme Court to assert the power of Judicial Review? Judicial Review- power of the Supreme Court to overturn any law in conflict with the Constitution, determine the validity of any law Court ruled that it had a duty to uphold the Constitution Responsibility to declare laws unconstitutional
8. When will a justice write a dissenting opinion? What a justice does not agree with the majority’s decision
9. For what was the Warren Court known? Judicial Activism- judges taking an active role in policy by overturning laws Active defense of rights of people accused of crimes Miranda v. Arizona Brown v. Board of Education of Topeka Kansas
10. What two checks does Congress have on the Supreme Court? Congress can refuse to confirm Presidential appointments to the Supreme Court Constitutional amendments can nullify (cancel out) a Supreme Court decision (ex. 14th Amendment and Dred Scott)