Judicial Branch Practice

Why did the Constitution provide for two separate court systems?

• to keep the federal court system from being overwhelmed

• to establish the federal court system as having more power than State courts

• to maintain a balance of power between the Federal Government and the States

• to strengthen the balance of power between the three branches of Federal Government

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 conclusion could be drawn  considering only about 1% of the cases applied to the Supreme court are actually taken.

• The Supreme Court accepts almost all of the cases that are brought to it.
• The Supreme Court deals only with cases involving constitutionality.
• Many cases are appealed to the Supreme Court, but it could only deal with a few of them.
• The Supreme Court used three different methods with which to rule upon 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.

How are federal judges selected?

• Named by the President, confirmed by the Senate.

• Named by the President.

• They are elected.

• Named by the previous judge.

Fill in the blank on how a case gets to the Supreme Court:
1. Case is filed in a federal district court.
2. ???
3. Case is appealed to the US Supreme Court, which does one of the following:
a. Allows the lower court ruling to stand.
b. Sends the case back to the lower court for reconsideration.
c. Decides to try the case.

• Someone sues another person or group.
• The Supreme Court declares the law unconstitutional.
• The case is filed in a state court.
• The case is appealed to a federal court of appeals.

How many Supreme Court Justices sit on the Supreme Court?

• 7

• 9

• 5

• 12

Choose the answer(s) that are true of Judicial Review.

• Allows the US Supreme Court the authority to choose which cases they will hear.

• Is the result of Marbury v Madison

• The actions of the executive and legislative branches of government are subject to review.

• Gives the US Supreme Court authority to rule actions unconstitutional.