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WorksheetsTopic 7
Total questions: 55
Worksheet time: 55mins
Who makes up the Executive Branch?
Congress
President, Vice President, Cabinet, Executive Office of the President, independent agencies
Court systems
Who makes up the Legislative Branch?
Congress
President, Vice President, Cabinet, Executive Office of the President, independent agencies
Court systems
Who makes up the Judicial Branch?
Congress
President, Vice President, Cabinet, Executive Office of the President, independent agencies
Court systems
Which branch of government has the power to interpret laws, determine their meaning, and to settle disputes that arise within society?
Legislative
Executive
Judicial
Which branch of government has the power to make laws and frame public policies?
Legislative
Executive
Judicial
Which branch of government has the power to execute, enforce, and administer laws?
Legislative
Executive
Judicial
How can the judicial branch check the executive and legislative branches?
Override the president's veto.
Declare laws/actions unconstitutional.
Impeach the president.
Grant pardons for the president.
How can the executive branch check the judicial branch?
Veto laws.
Appoint new judges.
Grant pardons.
Declare laws unconstitutional
How can the legislative branch check the judicial branch?
Propose amendments to override court decisions.
Approve appointments of judges.
Impeach judges.
Declare laws unconstitutional
Veto court decisions.
Makes a point not made or not emphasized in the majority opinion.
Concurring opinion
Majority opinion
Dissenting opinion
Written by justices who do not agree with the Court’s majority decision.
Concurring opinion
Majority opinion
Dissenting opinion
Opinion of the Court; become precedents for lower courts to follow.
Concurring opinion
Majority opinion
Dissenting opinion
Process used when a lower court is not clear about the procedure or the rule of law that should apply in a case.
Certificate
Brief
Writ of certiorari
Precedent
The power of judicial review was established when:
the original United States Constitution was adopted.
an amendment was added to the United States Constitution.
President Thomas Jefferson established the power in an executive order.
the Supreme Court issued its ruling in Marbury v. Madison (1803).
A court that hears a case on appeal from a lower court.
Appellate jurisdiction
Original jurisdiction
Concurrent jurisdiction
Exclusive jurisdiction
Who established/where are the inferior courts established?
Article III of the Constitution
Created by Congress
The United States Constitution provides that federal judges be appointed for life primarily to:
protect judicial decision-making from the influence of political pressure.
provide time for a more thorough investigation of cases.
ensure that judicial decisions are based on precedent.
guarantee that different viewpoints are represented on the Supreme Court.
Why did the Constitution provide for 2 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 3 branches of federal government
How many justices make up the Supreme Court?
3
6
9
12
A court in which a case is first heard.
Appellate jurisdiction
Original jurisdiction
Concurrent jurisdiction
Exclusive jurisdiction
Where do most of the Supreme Court’s cases come from?
Original jurisdiction
Appellate jurisdiction
What kinds of cases do district courts hear?
Criminal cases
Civil cases
Both criminal and civil cases.
Argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions and values.
Judicial activism
Judicial restraint
Which article of the Constitution discusses the judicial branch?
1
2
3
Believe that judges should decide cases on the basis of the original intent of the Framers or those who enacted the statutes AND precedent.
Judicial activism
Judicial restraint
What is the purpose of the Court of Appeals?
Courts of first instance that hear most of the federal caseload.
"Gatekeepers” to relieve the burden of hearing appeals from the decisions of district courts.
It is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the U.S.
What is the purpose of the district courts?
Courts of first instance that hear most of the federal caseload.
"Gatekeepers” to relieve the burden of hearing appeals from the decisions of district courts.
It is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the U.S.
What is the purpose of the Supreme Court?
Courts of first instance that hear most of the federal caseload.
"Gatekeepers” to relieve the burden of hearing appeals from the decisions of district courts.
It is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the U.S.
The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial.
Judicial review
Precedent
Jurisdiction
Writ of certiorari
Briefs filed by people who have interest in the case’s outcome.
Writ of certiorari
Precedent
Amicus curiae
Certificate
Cases that can only be tried in federal court.
Appellate jurisdiction
Original jurisdiction
Concurrent jurisdiction
Exclusive jurisdiction
Do not exercise the judicial power of the U.S., but were created to hear cases arising out of some of the expressed powers given to Congress in Article I.
Constitutional courts
Special courts
Written statements.
Writ of certiorari
Precedent
Brief
Certificate
What is a major result of the Supreme Court decisions in McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824)?
Abuses of power by the president were prevented.
The powers of the federal government were expanded.
The powers of Congress over the territories were reduced.
Freedoms guaranteed in the Bill of Rights were restricted.
Case involving some noncriminal matter.
Civil cases
Criminal cases
Are there requirements to become a federal judge?
Yes
No
Cases that may be tried in either a federal court or a state court.
Appellate jurisdiction
Original jurisdiction
Concurrent jurisdiction
Exclusive jurisdiction
Lower federal courts.
Inferior courts
Special courts
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.
A judicial decision that serves as a guide for settling later cases of similar nature.
Writ of certiorari
Precedent
Brief
Certificate
An order by the Court directing a lower court to send up the record in a given case for its review.
Writ of certiorari
Precedent
Brief
Certificate
Who established/where is the Supreme Court established?
Article III of the Constitution
Created by Congress
Describe the 2 ways that a case reaches the Supreme Court.
Certificate
Amicus curiae
Writ of certiorari
Brief
Cases in which a defendant is tried for committing some action that Congress has declared by law to be a federal crime.
Civil cases
Criminal cases
Who sets the number of Supreme Court justices?
Congress
President
People
Inferior courts
The authority of a court to hear (to try and to decide) a case.
Precedent
Judicial review
Jurisdiction
Amicus curiae
Which provision of the Bill of Rights was influenced by the trial of John Peter Zenger?
right to bear arms
right to an attorney
freedom of the religion
freedom of the press
Federal courts that Congress has formed under Article III to exercise the judicial power of the U.S.
Constitutional courts
Special courts
Does the Supreme Court have original or appellate jurisdiction?
Original
Appellate
Both
Which action is an example of judicial review?
Congress increased the number of justices on the Supreme Court.
The Supreme Court declared part of the Judiciary Act of 1789 unconstitutional.
The Supreme Court heard a case involving a United States ambassador.
The Chief Justice presided over the impeachment trial of President Andrew Johnson.
This excerpt is the basis for which of the following traditions about the terms of federal judges? "The judges, both of the supreme and inferior courts, shall hold their offices during good behavior..."
Federal judges remain in office until the officials who appointed them are no longer in power.
Strict requirements for good conduct can lead to a federal judge's removal.
Federal judges remain in office unless they are recalled by the popular vote of the people in their district.
Judges in the constitutional courts are appointed for life and serve until they resign, retire, or die.
What solution did Alexander Hamilton propose to the problem he describes in this quote? "If there is in each state a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts. There are endless diversities in the opinions of men. We often see not only different courts but the judges of the same court differing from each other."
There should be a national court system that is superior to the state courts and can provide a final ruling.
The state courts should meet regularly to discuss how to coordinate their rulings so they agree.
The state and federal courts should share concurrent jurisdiction over all cases to settle disputes.
The state courts should have no federal oversight so they can remain independent and represent their citizens.
What argument was 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."
The judicial branch of the federal government should have the power to make laws.
The judicial branch of the federal government should have the 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.
Chief Justice Charles Evan Hughes wrote: "We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution." What position does the statement by Hughes illustrate?
judicial activism, because it suggests the Constitution is the law of the land
judicial restraint, because it says the nation is ruled by the Constitution
judicial activism, because it says the courts interpret the Constitution
judicial restraint, because it says the courts safeguard our liberty
Chief Justice John Roberts said: "In our democratic system, responsibility for policy making properly rests with those branches that are responsible...to the people...to the extent the term 'judicial activism' is used to describe unjustified intrusions by the judiciary into the realm of policy making, the criticism is well-founded...it is not part of the judicial function to make the law...or to execute the law." What belief does the statement by Roberts express?
judicial activism is a well-founded criticism of the legislative branch
judicial activism was intended by the Framers of the Constitution
judicial activism is good because it allows the judiciary to make or execute law
judicial activism means the courts are interfering with the legislative process
