The Role of the Judicial Branch - AP US Government and Politics
- What is appellate jurisdiction?
- The power to review and revise lower court decisions. Most Supreme Court cases come through appellate review of lower courts.
- Identify the highest court in the United States.
- The Supreme Court. It has final appellate jurisdiction over all federal and state courts.
- Identify the term for the judicial branch's ability to check other branches.
- Judicial review. Primary mechanism for judicial oversight of legislative and executive actions.
- What role does the Senate play in judicial appointments?
- Confirms judicial nominees. Senate advice and consent is required for all federal judicial appointments.
- Which case established the exclusionary rule?
- Mapp v. Ohio (1961). Applied Fourth Amendment protections to state criminal prosecutions.
- Identify the court case that established 'one person, one vote'.
- Reynolds v. Sims (1964). Required equal representation in legislative districts based on population.
- How many justices are on the U.S. Supreme Court?
- Nine justices. Set by Congress in 1869, this number has remained constant since then.
- Which case established the right to an attorney?
- Gideon v. Wainwright (1963). Applied Sixth Amendment right to counsel to state criminal proceedings.
- Which amendment provides for equal protection under the law?
- The Fourteenth Amendment. Requires states to treat all citizens equally under the law.
- What is the significance of Roe v. Wade?
- Legalized abortion nationwide. Established constitutional right to abortion based on privacy rights.
- What is original jurisdiction?
- The court's power to hear a case first. Limited to specific cases like disputes between states.
- What is a dissenting opinion?
- An opinion disagreeing with the majority. Provides alternative legal reasoning and may influence future decisions.
- How can a Supreme Court decision be overturned?
- By constitutional amendment or later Court decision. Constitutional amendment requires supermajorities; Court reversal needs new case.
- Who has the power to impeach a federal judge?
- The House of Representatives. Constitutional power to remove federal judges for misconduct.
- Which amendment guarantees due process?
- The Fourteenth Amendment. Protects against arbitrary government action in legal proceedings.
- Which document establishes the judicial branch?
- The U.S. Constitution. Article III specifically creates the federal court system.
- What is the exclusionary rule?
- Prohibits illegally obtained evidence in court. Protects Fourth Amendment by preventing use of illegally seized evidence.
- What is a concurring opinion?
- Agrees with the majority but for different reasons. Supports the outcome but offers different legal reasoning or emphasis.
- What is judicial review?
- The power to declare laws unconstitutional. This power checks legislative and executive branches through constitutional interpretation.
- What is the purpose of life tenure for federal judges?
- To ensure independence from political pressures. Protects judicial decision-making from political influence and electoral pressure.
- How can Congress influence the judiciary?
- Through confirmation and impeachment powers. Senate confirms appointments and can impeach federal judges.
- What role does the Chief Justice play in impeachment trials?
- Presides over Senate impeachment trials. Ensures impartial leadership during presidential impeachment proceedings.
- What is the purpose of a writ of certiorari?
- To review a lower court's decision. The Court uses discretionary jurisdiction to choose which cases to hear.
- What is an amicus curiae brief?
- A 'friend of the court' brief to influence a decision. Allows interested parties to provide legal arguments in pending cases.
- Which branch of government can nominate Supreme Court justices?
- The Executive Branch. The President nominates all federal judges and Supreme Court justices.
- What is judicial activism?
- Courts should play an active role in policy making. Philosophy supporting broad judicial interpretation to address social issues.
- What is the 'Rule of Four' in the Supreme Court?
- Four justices must agree to grant a writ of certiorari. Minimum threshold needed to hear a case on discretionary appeal.
- Which amendment protects the right to a fair trial?
- The Sixth Amendment. Guarantees speedy trial, jury trial, and legal representation.
- What is the term length for a Supreme Court Justice?
- Lifetime appointment. Ensures judicial independence from political pressure and electoral cycles.
- Which court case desegregated public schools?
- Brown v. Board of Education (1954). Overturned Plessy v. Ferguson's 'separate but equal' doctrine.
- What is a precedent?
- A previous court decision that influences future cases. Forms the basis of common law system and legal consistency.
- Which principle requires courts to follow precedents?
- Stare decisis. Latin for 'let the decision stand' - promotes legal stability.
- Identify the case that legalized same-sex marriage.
- Obergefell v. Hodges (2015). Established marriage equality as a fundamental constitutional right.
- What is judicial restraint?
- Courts should not decide issues unless necessary. Philosophy favoring limited judicial intervention in policy matters.
- What is the purpose of a grand jury?
- To determine if there is enough evidence to indict. Screens cases to determine if formal charges should be filed.
- Which case established judicial review?
- Marbury v. Madison (1803). Chief Justice Marshall first asserted this power, creating lasting precedent.