Lesson 3.3 Judicial Review Monday, November 3

Lesson 3.3 Judicial Review
Monday, November 6

​Judicial Review

​Judicial review is the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution. Any action that conflicts with the constitution is declared unconstitutional and therefore nullified. Thus, the judicial department of government may check or limit the legislative and executive departments by preventing them from exceeding the limits set by the constitution.

Multiple Choice

The court that has the authority to be first to hear a case is said to have

• appellate jurisdiction.

• exclusive jurisdiction.

• concurrent jurisdiction.

• original jurisdiction.

Multiple Choice

What is the purpose of the judicial branch?

• to make the laws

• to interpret the laws

• to enforce the laws

• to renew the laws

Multiple Choice

What is the only responsibility of an appellate court?

• to automatically overturn the original ruling

• to select cases for the Supreme Court

• to uphold the original ruling no matter what

• to review an original case for a mistake

Multiple Choice

Who appoints Supreme Court Justices?

• The Vice President

• The Senate

• Congress

• The President

Multiple Choice

The Supreme Court has the power of judicial review. What is judicial review?

• when the Supreme Court decides if a law is unconstitutional or not

• when the Supreme Court creates a new law

• when the Supreme Court enforces the laws of the Legislative Branch

• when the Supreme Court vetoes a Bill from Congress

Multiple Choice

What type of trial features one judge, but no jury?

• Trial Court

• Federal Court

• Bench Trial

• Appellate Trial

Multiple Choice

Judges in the federal courts are appointed for

• terms varying from 4-8 years.

• 10 year terms.

• life.

• 12 year terms.

Multiple Choice

Who decides which appellate cases the Supreme Court hears?

• the Court itself

• the president
• Congress
• they must hear all cases which are appealed to them.

​Marbury v. Madison (1803)

​A legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court’s opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.

Multiple Choice

Which of the following statements best summarizes Marshall’s argument?

• The Supreme Court should judge whether both a law and the Constitution apply to a case

• The Supreme Court should judge whether the law or the Constitution ought to determine a case

• The Supreme Court should judge ordinary acts as equal to the Constitution

• The Supreme Court should judge whether a law is constitutional

Multiple Choice

The Supreme Court issued its famous Marbury v. Madison ruling in what year?

• 1776

• 1803

• 1865

• 1787

Multiple Choice

The outcome of the Marbury v. Madison case led the Supreme Court to declare that the Judiciary Act of 1789 was _______ (meaning it violates the Constitution and is therefore not permitted)

• undemocratic

• unconstitutional

• unjust

• unrepublican

Multiple Choice

The Marbury v. Madison case is significant because it cements the equal status of the judicial branch to the executive and legislative

branches by allowing it to limit the power of these branches. In this sense, judicial review is an example of what principle?

• individual rights

• checks and balances

• federalism

• separation of powers

​The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. Each Term, approximately 7,000-8,000 new cases are filed in the Supreme Court.

This is a partial calendar for 2023. 

​

The Opinion(s) of the Court

​The most well known are the majority opinions of the Court announced in cases in which the Court has heard oral argument. Each sets out the Court’s judgment and its reasoning. The Justice who authors the majority or principal opinion summarizes the opinion from the bench during a regularly scheduled session of the Court. There are also concurring opinions and dissenting opinions.

​A concurring opinion is an opinion that agrees with the majority opinion but does not agree with the rationale behind it. Instead of joining the majority, the concurring judge will write a separate opinion describing the basis behind their decision.

​

​A dissenting opinion is an opinion written by a justice who disagrees with the majority opinion.

​

Multiple Choice

If a Supreme Court justice agrees with the decision of the court, but did not agree with the reasoning of how they came to that conclusion, the justice may write a:

• Writ of Certiorari

• Concurring Opinion

• Majority Opinion

• Dissenting Opinion

Multiple Choice

A court's authority to hear and decide cases

• Jurisdiction

• Docket

• Precedent

• Subpoena

Multiple Choice

How long does each side get to present their argument before the Supreme Court?

• 15 minutes

• 30 minutes

• 1 hour

• as long as they need

Multiple Choice

One or more justices who agree with the majority's conclusions about a case, but do so for different reasons, write a _______________.

• majority opinion

• unanimous opinion

• dissenting opinion

• concurring opinion

Multiple Choice

The idea that judges should closely follow precedent and make minimal changes to the laws if at all; this also pertains to overturning laws.

• judicial activism

• judicial restraint

• judicial consideration

• judical compliance

Multiple Choice

What court case established judicial review?

• McCulloch v. Maryland

• Plessy v. Ferguson

• Marbury v. Madison

• Hamilton v. Jefferson

Multiple Choice

What is the highest court in the United States?

• The Circuit Court of Appeals

• The District Court

• The Supreme Court

• The Appellate Courts

Multiple Choice

Which of the following is true of most federal judges appointed by the president?

• They serve as long as the appointing president stays in power.

• They serve for life on good behavior unless removed by the president.

• They serve for life on good behavior unless impeached and convicted by Congress.

• They serve for life and are not subject to congressional impeachment.