Judicial Branch Test Review
Judicial Branch Test Review
Original Jurisdiction:
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.
Supreme Court:
The Supreme Court of the United States (first abbreviated as Scotus in 1879)[1] was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases.
Opinion (judicial legal terms):
A judicial opinion is a form of legal opinion …show more content…
written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.
Appellate Jurisdiction:
Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts.
Due Process:
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person
Petit Jury:
A jury that sits at civil and criminal trials. Also called trial jury.
Writ of certiorari:
Certiorari, often abbreviated as cert., is a type of writ seeking judicial review, recognized in Roman, U.S., English, Canadian, Philippine,[3] and other law, meaning an order by a higher court directing a lower court,
Amicus curiae:
An amicus curiae (also amicus curiæ; plural amici curiae, literally "friend of the court") is someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court.
Who confirms Supreme Court justices?
The appointment and confirmation of Justices to the Supreme Court of the United States involves several steps set forth by the United States Constitution, which have been further refined and developed by decades of tradition. Justices are appointed by the President of the United States, and must be confirmed by the United States Senate. 10. Brief (judicial legal terms):
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Current Chief Justice:
John G. Roberts, Jr., Chief Justice of the United States,
Concurring opinion:
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.
What is the Senate’s control over the Supreme Court?
The senate has the right to advise and consent on supreme court nominees of the President.
Jurisdiction of the court: divorce and child custody matter; probate and inheritance issues;real estate questions, and juvenile matters; and most criminal cases, contract disputes, traffic violations, and personal injury cases.
Marbury v. Madison:
Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Due process clause:
The Fifth and Fourteenth Amendments to the United States Constitution contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.[1] The Supreme Court of the United States interprets the Clauses however more broadly becau
What is the process for someone to become a justice in the Supreme Court?
The Supreme Court Fellows Commission selects the fellows through a process that includes review of submitted materials and interviews of the finalists. The Commission, which consists of a panel of distinguished judges, lawyers, and professors selected by the Chief Justice, seeks outstanding applicants who are personable, discreet, trustworthy, and committed to serving the federal judiciary.
President’s most important influence over the Supreme Court:
One of the most important contributions of early American political thinkers to modern constitutionalism is the lesson that power ought to be divided into multiple institutions that share various governmental powers while checking each other.
Congressional Jurisdiction:
Congressional oversight refers to oversight by the United States Congress on the Executive Branch, including the numerous U.S. federal agencies.
Precedent: an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Stare decisis: a doctrine requiring that judges apply the same reasoning to lawsuits as has been used in prior similar cases.
What article created the judicial branch in the …show more content…
Constitution?
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.
Judicial Activism:
Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Judicial Restraint:
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
Brown v. Board of Education
Brown v. Board of Education, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education.
Schenck v United States
Schenck v.
United States, 249 U.S. 47 (1919), was a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I.
Texas v. Johnson
Texas v. Johnson, 491 U.S. 397 (1989), was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.
Rostker v. Goldberg
Rostker v. Goldberg, 453 U.S. 57 (1981), was a decision of the United States Supreme Court holding that the practice of requiring only men to register for the draft was constitutional.
U.S. v. Nixon
United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court decision. It resulted in a unanimous 8-0 ruling against President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any US president.
How many courts did the U.S. Constitution call for?
Who was given power to create the lower courts according to the U.S.
Constitution?
Congress
Judicial Review:
Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary.
Original Jurisdiction:
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.
Supreme Court:
The Supreme Court of the United States (first abbreviated as Scotus in 1879)[1] was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases.
Opinion (judicial legal terms):
A judicial opinion is a form of legal opinion …show more content…
written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision.
Appellate Jurisdiction:
Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts.
Due Process:
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person
Petit Jury:
A jury that sits at civil and criminal trials. Also called trial jury.
Writ of certiorari:
Certiorari, often abbreviated as cert., is a type of writ seeking judicial review, recognized in Roman, U.S., English, Canadian, Philippine,[3] and other law, meaning an order by a higher court directing a lower court,
Amicus curiae:
An amicus curiae (also amicus curiæ; plural amici curiae, literally "friend of the court") is someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court.
Who confirms Supreme Court justices?
The appointment and confirmation of Justices to the Supreme Court of the United States involves several steps set forth by the United States Constitution, which have been further refined and developed by decades of tradition. Justices are appointed by the President of the United States, and must be confirmed by the United States Senate. 10. Brief (judicial legal terms):
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Current Chief Justice:
John G. Roberts, Jr., Chief Justice of the United States,
Concurring opinion:
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.
What is the Senate’s control over the Supreme Court?
The senate has the right to advise and consent on supreme court nominees of the President.
Jurisdiction of the court: divorce and child custody matter; probate and inheritance issues;real estate questions, and juvenile matters; and most criminal cases, contract disputes, traffic violations, and personal injury cases.
Marbury v. Madison:
Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Due process clause:
The Fifth and Fourteenth Amendments to the United States Constitution contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.[1] The Supreme Court of the United States interprets the Clauses however more broadly becau
What is the process for someone to become a justice in the Supreme Court?
The Supreme Court Fellows Commission selects the fellows through a process that includes review of submitted materials and interviews of the finalists. The Commission, which consists of a panel of distinguished judges, lawyers, and professors selected by the Chief Justice, seeks outstanding applicants who are personable, discreet, trustworthy, and committed to serving the federal judiciary.
President’s most important influence over the Supreme Court:
One of the most important contributions of early American political thinkers to modern constitutionalism is the lesson that power ought to be divided into multiple institutions that share various governmental powers while checking each other.
Congressional Jurisdiction:
Congressional oversight refers to oversight by the United States Congress on the Executive Branch, including the numerous U.S. federal agencies.
Precedent: an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Stare decisis: a doctrine requiring that judges apply the same reasoning to lawsuits as has been used in prior similar cases.
What article created the judicial branch in the …show more content…
Constitution?
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.
Judicial Activism:
Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Judicial Restraint:
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
Brown v. Board of Education
Brown v. Board of Education, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education.
Schenck v United States
Schenck v.
United States, 249 U.S. 47 (1919), was a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I.
Texas v. Johnson
Texas v. Johnson, 491 U.S. 397 (1989), was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.
Rostker v. Goldberg
Rostker v. Goldberg, 453 U.S. 57 (1981), was a decision of the United States Supreme Court holding that the practice of requiring only men to register for the draft was constitutional.
U.S. v. Nixon
United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court decision. It resulted in a unanimous 8-0 ruling against President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any US president.
How many courts did the U.S. Constitution call for?
Who was given power to create the lower courts according to the U.S.
Constitution?
Congress
Judicial Review:
Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary.