BHS Civics, Mr. Pahl

Chap 15 Study Guide   Courts/Judiciary

Things to Know
  • Who does a prosecuting attorney represent?
  • What is an order by the Supreme Court directing a lower court to send it the records of a case called?
  • What is the job of an appellate court when it takes a case on appeal?
  • How does someone become a federal judge?
  • Which of these established the present system of federal and circuit courts?
  • What is the burden of proof in a civil trial? In a criminal trial?
  • What is an amicus curiae brief and who can submit one to the Supreme Court?
  • What is the term for a person who files a lawsuit in a civil case?
  • Know these judicial philosophies: Loose construction, Judicial activism, Judicial restraint

What determines which appeals the Supreme Court will hear?

Are the following from a Criminal Case, a Civil Case, or Both?  Or Neither?

  • Deals with cases where a law of society is broken
  • Deals with cases which are arguments between individuals.
  • In this type of case the burden of proof is the "preponderance of evidence."
  • The satisfaction for this type of case might be prison, probation or a fine.
  • The satisfaction for this type of case would be paying damages.
  • This kind of case has defendants.
  • This kind of case would be tried in a government courtroom.
  • The kind of case which would have a plaintiff
  • This type of case would not be tried in a court of law.

Know these numbers!

  • How many U.S. Courts of Appeal are there?
  • How many members are on a trial jury?
  • How many judges sit on a U.S. appeals court?
  • How many federal district courts are there?
  • How many Supreme Court justices does it take to decide if they will take a case?

We have both Illinois State courts and US Federal courts.  Which are these:? Both?  Neither?

  • Judges for these courts are elected
  • Judges for these courts are appointed.
  • These courts have trial and appellate level courts.
  • These courts make their decisions based on "errors of law" in the trial courts.

Judicial Review TRUE (A) or FALSE (B)

  • Judicial review is a power given to the Supreme Court in the Constitution
  • Judicial review is the power that Supreme Court has been given to review Acts of Congress and call them unconstitutional.
  • The Supreme Court can use its power of judicial review to reverse some actions of the President of the United States.
  • Judicial review was first used by Chief Justice John Marshall in the case Marbury v. Madison.

Know the meaning of these Latin phrases: Stare Decisis, Amicus Curiae, Writ of Certiorari

Get these matching matched up right! A. "Rule of 4" B. Judicial Activism C. Judicial Restraint D. 100-150 E. 1000

  • About how many cases does the Supreme Court take every year? 
  • The way Supreme Court Justices choose which cases they will take.
  • Interpreting the law to benefit minorities, women, the underserved and unrepresented.
  • Interpreting the law on the basis of what it says. Believing that legislatures should make social policy, not judges.

Know these: Concurrent opinion, Majority opinion, Dissenting opinion

Short Answer. Chief Justice of the Supreme Court John Roberts likened the work of judges to umpires. He wrote: "They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ballgame to see the umpire."

Does Roberts believe in judicial activism or judicial restraint? Use the quote above to explain your answer.