Judicial Branch Review

What is the difference between original jurisdiction and appellate jurisdiction?

• Original jurisdiction refers to a case being heard in a federal court; appellate jurisdiction refers to a case being heard in a State court.
• Original jurisdiction refers to criminal or civil cases; appellate jurisdiction refers to only to civil cases.
• Original jurisdiction refers to a case that could be heard in a federal or a State court; appellate jurisdiction refers to a case that must be heard in a federal court.
• Original jurisdiction refers to a court where a case is first heard; appellate jurisdiction refers to a case being heard after it was tried in a lower court.

How are federal judges selected?

• The person is named to the bench by the President and confirmed by the Senate.
• The person is named to the bench by the President and does not need to be confirmed.
• The person is publicly elected to the bench and confirmed by the Senate.
• The person is nominated by the Senate and chosen by the President.

In the federal system, a district court has the power to

• retry a case that was first decided by a State court.
• exercise original jurisdiction over a federal case.
• apply appellate jurisdiction to a federal case.
• determine if a lower court made an unconstitutional ruling on a case.

What is a possible avenue through which some cases have reached the Supreme Court?

• Congress asks the Court to review a proposed or recently passed law to see if it is constitutional.
• A State holds a convention in which the public votes to have a case sent to the Court for review.
• The Court decides to review one of its own earlier cases in order to change or modify its ruling.
• The Court issues a writ of certiorari instructing a lower court to send it a case to review.

In the federal court system, the cases tried by the district courts

• are usually appealed to a higher court by the losing side.
• make up the majority of federal cases brought to trial.
• deal only with federal crimes as defined by Congress.
• always involve the United States as a plaintiff.

How many Supreme Court Justices sit on the Supreme Court?

• 7

• 9

• 5

• 12

Appellate Jurisdiction is when:

• a court is the first to hear a case

• a court has the authority to hear a case

• a court reviews the decision of a lower court

• power is shared between the Federal and State courts to hear a certain case

Original Jurisdiction is when:

• a court is the first to hear a case

• a court has the authority to hear a case

• a court reviews the decision of a lower court

• power is shared between the Federal and State courts to hear a certain case

What argument was the author of this statement, John Marshall, making about how the Federal Government should function?

“It is emphatically the province and duty of the Judicial Department to say what the law is.”

—John Marshall, Marbury v. Madison, Opinion of the Court

• The judicial branch of the Federal Government should have the power to make laws.

• The judicial branch of the Federal Government should have power to interpret laws.

• The judicial branch has the sole authority to establish a federal court system.

• Only the laws created by the Federal Government, and approved by the Court, have any authority in the federal system.

Which of the following is an example of the principle of judicial review being exercised?

• The Senate first examines, and then rejects a Supreme Court candidate.

• The President appoints a candidate to serve on the Supreme Court.

• The Supreme Court declares a State law unconstitutional.

• Congress decides to impeach a federal judge for failure to uphold the law.