The Judicial Branch

Chapters 11-12

Chapter 11

1. Probably the most influential person in the early days of the Judicial Branch was ______. During his days as Chief Justice, he helped to increase the power of the court.

2. The authority of a court to hear a case is known as ______.

3. The jurisdiction of federal and state courts sometimes overlaps. Federal courts have the authority in cases that involve:

A)

B)

C)

D)

E)

4. A situation where both federal and state courts have jurisdiction is known as ______. The person may sue in either one.

5. ______is the place where the case was first tried.

That court has ______, because the case was first heard there.

6. If the party who loses wishes to appeal the decision in the trial court then they may go to an appeals court which has ______.

7. If a party loses in the appellate court, the party may appeal the case to the ______.

8. An early case that helped expand the power of the Supreme Court was ______. In this case the chief justice had secured the power to review acts of Congress. This is known as ______.

9. During the years of the Marshall court many rulings were made that helped the Court carve out its power. Give a short summary of each of the rulings.

A) Fletcher v. Peck-

B) McCulloch v. Maryland-

C) Gibbons v. Ogden-

10. By 1825 the Supreme Court had declared at least ______law in each of the 10 states unconstitutional.

11. Describe how Roger Taney’s Supreme Court ruled in the Dred Scott v. Sanford case.

12. The ______clause of the 14th amendment says that states may not deprive citizens of life, liberty, and the pursuit of happiness.

13. Describe what the ruling was in the Plessy v. Ferguson case.

14. Which case finally overturned the Plessy v. Ferguson ruling? ______

15. Who was the lawyer that argued the case and won? ______

16. Who was the Chief Justice in the case? ______

17. The answer in #14 outlawed ______in public schools.

18. Courts established by Article III of the Constitution are called ______courts.

19. District courts can have two types of juries. List and describe each.

A) ______-

B) ______-

20. A formal accusation charging a person with a crime is known as an ______.

21. In naming judges to trial courts, presidents follow the practice of ______, which means that the president will submit a name to the Senators of a state to fill a vacancy in a court in that state. If one or both Senators disagree with the nomination the president usually withdraws the name.

22. The ______chooses carefully the cases it will consider for the year. It is not required to hear all cases presented before it. It has final authority in all cases involving the ______, acts of ______, and treaties with other nations.

23. Most of the Supreme Court’s cases fall under ______jurisdiction meaning that it hears cases that are appealed from a lower courts ruling.

24. Today there are ______justices on the Supreme Court. One member is has several additional duties. That member is known as the ______.

25. The salary of a justice is ______.

26. The salary of the Chief Justice is ______.

27. Supreme Court justices may be ______through the same process used for the president. The justice may be brought up on charges in the ______and tried in the ______.

28. An explanation for the decision a court makes in a case is known as the Court’s ______.

29. What has been the breakdown for the different justices we have had?

Women- ______(total number)

African American- ______(total number)

Only former president to serve- ______(name)

30. Do Supreme Court justices have to be born in the U.S.? ______

31. The presidents ______candidates to the Supreme Court and the ______approves/confirms them. Sometimes the nomination will be blocked through a series of hearings.

32. The president usually chooses someone with his same values and is from the same ______.

33. Today’s Chief Justice is ______, who was appointed by President ______.

Chapter 12

Define the following terms related to the courts

34. writ of certiorari-

35. stare decisis-

36. amicus curiae-

37. per curiam opinion-

38. precedent-

39. brief-

40. majority opinion-

41. dissenting opinion-

42. swing vote-

43. A ______of justices must be in agreement to decide a case and at least ______justices must be present for a decision.

44. What was the summary of the opinion of each of the following court cases?

A) Marbury v. Madison-

B) Miranda v. Arizona-

C) Katz v. U.S.-

D) Gideon v. Wainwright-

45. What checks do the president and Congress have on the Judicial Branch?

A)

B)

C)

D)

E)

F)