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Study Guide
Chapter 9
The Judicial Branch
Key Vocabulary Terms:
1) dual court system: a court system made up of both federal and state courts
2) jurisdiction: a court’s authority to hear and decide cases
3) exclusive jurisdiction: authority of only federal courts to hear and decide cases
4) concurrent jurisdiction: authority of both state and federal courts to hear and decide cases
5) original jurisdiction: the authority of a court to hear cases for the first time
6) appellate jurisdiction: the authority of a court
to hear a case from a lower court 7) ruling: an official decision by a judge or a court
that settles a case and may also establish the meaning of a law
8) opinion: a detailed explanation of the legal thinking behind a court’s decision in a case
9) precedent: a ruling that is used as the basis for
a judicial decision in a later, similar case 10) litigant: one of the parties involved in a lawsuit 11) tenure: the right to hold office once a person is
confirmed
12) subpoena: an order that requires a person to appear in court
13) judicial review: the power of the Supreme
Court to say whether any federal, state, or local law or government action goes against the Constitution
14) constitutional: in agreement with the
Constitution 15) nullify: to cancel legally 16) writ of certiorari: an order a higher court issues
a lower court to obtain the records of the lower court in a particular case
17) docket: a court’s calendar, showing the
schedule of cases it is to hear 18) caseload: a judge’s or court’s workload of
cases in a period of time 19) brief: a written document explaining the
position of one side or the other in a case 20) stare decisis: the practice of using earlier
judicial rulings as a basis for deciding cases 21) concurring opinion: a statement written by a
justice who votes with the majority, but for different reasons than the others
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Lesson 9-1 Study Guide: Federal Courts
Multiple Choice
Indicate the answer choice that best completes the statement or answers the question.
1. Which of these statements describes a civil case?
a. A crime has been committed.
b. A jury or judge decides guilt or innocence of the accused.
c. State and local governments are not involved.
d. The court decides in favor of one side or another.
2. Which level of federal courts are trial courts?
a. appeals courts
b. circuit courts
c. district courts
d. Supreme Court
3. Which part of the U.S. Constitution established the judicial branch?
a. Article I
b. Article II
c. Article III
d. Article V
4. Which of these cases would be tried in a state court rather than in a federal court?
a. Two people within a state are accused of counterfeiting.
b. Two people within a state are accused of kidnapping.
c. Two people claim the same property in the seawater near a state’s coast.
d. Two people claim the same property within a state.
5. What is the “court of final appeal”?
a. appellate court of Washington, D.C.
b. Supreme Court
c. U.S. Court of Appeals for the 13th Circuit
d. U.S. district court
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Matching
Match each item with its definition.
A. concurrent jurisdiction
B. dual court system
C. exclusive jurisdiction
D. Judiciary Act of 1789
E. U.S. Constitution
______ 6. established lower federal courts
______ 7. established a national Supreme Court
______ 8. made up of both federal and state courts
______ 9. both federal and state courts have jurisdiction
______ 10. only federal courts may hear and decide cases
11. What happened in the Supreme Court Case Brown v. Board of Education?
12. What is the goal of the court system?
13. Why is this goal so hard to achieve?
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14. What are the five main areas of Federal Court Jurisdiction? Describe each of these main areas.
15. How does the jurisdiction of state and federal courts differ?
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Lesson 9-2 Study Guide: The Federal Court System
Multiple Choice
Indicate the answer choice that best completes the statement or answers the question.
1. Which federal courts usually have original jurisdiction?
a. appellate courts
b. circuit courts
c. district courts
d. supreme courts
2. When can a case be appealed?
a. only when the case is a civil lawsuit
b. only when the case is a criminal one
c. when the prosecution loses
d. when a law is applied incorrectly
3. When judges in an appeals court remand a case, they
a. leave the verdict in the original trial unchanged.
b. reverse the result of the original trial.
c. send the case back to the lower court to be tried again.
d. uphold the result of the original trial.
4. How do federal judges obtain their offices?
a. by presidential appointment and House approval
b. by presidential appointment and Senate approval
c. by winning an election every four years
d. by winning an election every eight years
5. Which court official prosecutes people accused of breaking federal law?
a. court clerk
b. magistrate
c. U.S. attorney
d. U.S. Marshal
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Completion
Enter the appropriate word(s) to complete the statement.
6. Judges base their decisions on ___________________ set in similar cases.
7. Federal trials are held and lawsuits are begun in ________________________.
8. The authority of a court to hear a case appealed from a lower court is known as
________________________.
9. An appeals court’s decision, known as a ___________________, helps establish the meaning of the law.
10. ________________________ is the authority to hear cases for the first time.
11) Describe the role and responsibilities of the federal U.S. district courts.
12) Describe the role and responsibilities of the federal Circuit Court of Appeals.
13) What are the three types of rulings that might be issued by a federal circuit court of appeals?
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14) If you do not like the result of a decision from a federal circuit court of appeals, what can you do?
15) How long does a federal judge, include Supreme Court justices, serve for?
16) Why did the Framers give federal judges lifetime tenure?
17) Read Article III, Section 1 of the U.S. Constitution on page 154 of the text book. Does the Constitution actually
say that judges are appointed for life? What is the condition that the Constitution gives for continuing to hold your office as a federal judge?
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Lesson 9-3 Study Guide: The Supreme Court
True / False
Indicate whether the statement is true or false.
1. The Supreme Court hears all the cases it receives.
a. True
b. False
2. Nine justices serve on the Supreme Court.
a. True
b. False
3. The number of justices on the Supreme Court may be changed by Congress.
a. True
b. False
4. The Constitution requires that Supreme Court justices have legal training.
a. True
b. False
5. Supreme Court justices have their jobs for life.
a. True
b. False
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Multiple Choice
Indicate the answer choice that best completes the statement or answers the question.
6. The Supreme Court has original jurisdiction in cases involving
a. foreign diplomats and disputes between states.
b. freedoms of speech and the press, and the right to assemble.
c. the U.S. Constitution.
d. treaties with other nations.
7. How does the power of judicial review act as a check on the legislative and executive branches?
a. It allows state courts to set precedents for law enforcement.
b. It can nullify laws that conflict with the Constitution.
c. It can prevent Congress from passing laws.
d. It pushes the president to enforce unpopular laws.
8. Which case clarified that the Constitution overrides all other laws?
a. Dred Scott v. Sandford
b. Marbury v. Madison
c. Plessy v. Ferguson
d. Worcester v. Georgia
9. How did President Andrew Jackson reveal a limit on the Supreme Court’s power?
a. He asked for a ruling on a law that had not been challenged on appeal.
b. He demanded a ruling on a case that was not an actual legal dispute.
c. He refused to enforce a decision that the Supreme Court established.
d. He submitted a case that did not involve a federal question.
10. What happens to a case if the Supreme Court refuses to hear it?
a. The case is nullified.
b. The case is remanded.
c. The decision of the lower court is overturned.
d. The decision of the lower court stands.
11. How and why is the Supreme Court’s power of judicial review a check and balance on the other branches of government?
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12. What are some limits on the Supreme Court’s power?
13. If a ruling by the Supreme Court is not liked, how can it be changed?
14. What is the importance of the Supreme Court case Marbury v. Madison?
15. What are the three principles of judicial review established by the Supreme Court case Marbury v. Madison?
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Lesson 9-4 Study Guide: Supreme Court Procedures and Decisions
Multiple Choice
Indicate the answer choice that best completes the statement or answers the question.
1. During oral arguments, much time is used for
a. answering justices’ questions.
b. drafting opinions.
c. reciting briefs.
d. announcing the majority decision.
2. Most cases come to the Supreme Court
a. before any other court hears them.
b. on appeal from lower courts.
c. on appeal from private citizens.
d. on the recommendation of Congress.
3. Which of the following is a case that the Supreme Court would be most likely to accept?
a. a case on which district courts have agreed
b. a case that affects an earlier decision
c. a case that affects the entire country
d. a case that involves a political dispute
4. How many justices must be present to decide a case?
a. four
b. five
c. six
d. eight
5. When ruling on an issue that has been decided by a court in the past, the Supreme Court
a. may follow precedent or overrule precedent.
b. may not make decisions based on personal views.
c. must follow precedent.
d. must consider changing times and social concerns.
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Completion
Enter the appropriate word(s) to complete the statement.
6. A guiding principle that reminds justices to follow precedent is known as
________________________.
7. A document that explains one side’s position on a case presented before the Supreme Court is called a(n)
__________________.
8. The document that states the facts of a Supreme Court case and gives the ruling is the
________________________.
9. When a justice agrees with the Supreme Court ruling on a case but for different reasons, he or she may write a separate
statement called a(n) ________________________.
10. Justices who oppose the ruling on a Supreme Court case write a(n)
________________________.
11) How many cases come to the Supreme Court each year, versus how many cases it actually hears?
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12) What are the main steps in a case going through the Supreme Court?
13. When would a justice write a concurring opinion?
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Chapter 9 Review (Lessons 1-4)
True / False
Indicate whether the statement is true or false.
1. Article III of the U.S. Constitution established the judicial branch of government.
A) True
B) False
2. The practice of senatorial courtesy results in most nominees to the Supreme Court being approved by the U.S. Senate.
A) True
B) False
3. Federal courts have concurrent jurisdiction over kidnapping cases.
A) True
B) False
4. District courts are the only federal courts that have original jurisdiction.
A) True
B) False
5. If the Supreme Court finds that a state law is unconstitutional, it may nullify the law.
A) True
B) False
Multiple Choice
Indicate the answer choice that best completes the statement or answers the question.
6. The federal court system consists of
A) federal appeals courts, state appeals courts, and the U.S. Supreme Court.
B) federal district courts, federal appeals courts, and the U.S. Supreme Court.
C) federal district courts, state supreme courts, and the U.S. Supreme Court.
D) local courts, state courts, and federal district courts.
7. In which type of court do federal trials and lawsuits usually begin?
A) federal appeals courts
B) federal district courts
C) municipal courts
D) state supreme courts
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8. The job of an appeals court is to
A) decide the defendant’s guilt or innocence.
B) decide whether a law is allowed by the U.S. Constitution.
C) review decisions made in lower courts.
D) sentence people who are convicted in federal courts.
9. Which of the following established the principle of judicial review?
A) Article III of the U.S. Constitution
B) Judiciary Act of 1789
C) Marbury v. Madison
D) Worcester v. Georgia
10. A circuit court may reverse the result of a trial if the judges decide that
A) the defendant was wrongly accused.
B) the lower court needs to retry the case.
C) the original judge made an error when interpreting the law.
D) the person who won the lawsuit really should have lost.
11. How does a case come before the Supreme Court?
A) All federal cases automatically come before the Supreme Court.
B) Any case in which a state government loses is appealed to the Supreme Court.
C) The justices of the Supreme Court choose the cases they will hear.
D) The Senate determines the cases that the Supreme Court will hear each year.
12. On whom or what does the Supreme Court depend to enforce its decisions?
A) executive branch and state and local officials
B) system of checks and balances
C) U.S. armed forces
D) U.S. Congress
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Matching
Match each item with its definition.
A) brief
B) majority opinion
C) remand
D) stare decisis
E) writ of certiorari
______ 13. practice of using earlier court decisions as precedents to decide current cases
______ 14. order to a lower court to send its records on a case to the Supreme Court
______ 15. to send a case back to a lower court to be tried again
______ 16. statement that explains the ruling on a Supreme Court decision
______ 17. document that explains one side’s position in a case
