Why is the power of judicial review key to the system of checks and balances? Because the power of judicial review can declare that laws and actions of local, state, or national government are invalid if they conflict with the Constitution. It also gives courts the power to declare an action of the executive or legislative branch to be unconstitutional.
What are some early systems of law and how did they influence the American system of law? Code of Hammurabi: criminal law, property law, and family law. Ten Commandments: ethical laws. Twelve Tables: family law or criminal law. English common law: basis of American legal system.
Which principles of democracy are integral to the judicial branch Which principles of democracy are integral to the judicial branch? Why is an independent judiciary a key element of a democracy? The rule of law, accountability, transparency, control of the abuse of power, and independent judiciary. It is important because courts must act impartially and make fair decisions without undue influence by outside forces.
What is the difference between a jury and a grand jury? A jury is a group of citizens who hear evidence during a trial and give a verdict. A grand jury is a group of 16-23 people who determine whether there is sufficient cause to believe that a person has committed a crime and should stand trial.
How do criminal and civil trial courts function? They function similarly, except civil trials include a plaintiff, the party accusing someone of causing damage.
Why are juries an important component of our legal system? A jury represents a citizens’ opportunity to participate directly in government.
What are the differences among a majority opinion, a dissenting opinion, and a concurring opinion? Majority opinion: states the decision of the court. Dissenting opinion: a document issued by judges who disagree with the court’s opinion, stating why they disagree. Concurring opinion: a document by judges who agree with the majority opinion, but for different reasons.
What cases can be appealed, and to which courts? Cases that include errors of law or violations of due process may be appealed, but only to courts that have appellate jurisdiction.
How are cases appealed? They go to an intermediate state appeals court (if the case was tried in a state court) or to a federal Circuit Court of Appeals (if the case was tried in federal district court).
Why do courts follow precedents? Doing so makes the law predictable and leads to stability in our society because people will know what the law means and that it will not change every time a court decides a new case.
Which courts hear which cases? Criminal trial courts can hear cases about crimes, such as burglary, murder, or driving under the influence of alcohol or drugs. Civil courts hear cases where one person or group thinks another person or group should pay for causing harm.
How do state and local courts operate? They apply state and local laws and decide most criminal, family, contract, and juvenile law cases.
How is the federal court system structured? Cases begin in the U.S. District Court and may go on to be appealed to the U.S. Circuit Court of Appeals. From there, an appeal may go to the highest court in the land, the U.S. Supreme Court.
What is the role of the Supreme Court in our democracy? The Supreme Court is the highest court in the land and as such sits at the top of the judicial branch in our democracy. The Court’s primary function is to resolve disputes that arise over the meaning of federal law and the U. S. Constitution. The Court tries to make sure that federal law is uniform and means the same thing everywhere in the country.
How does the court decide which cases to hear? They consider cases that will have the most national impact. They are concerned with uniformity in decisions about the meaning of the Constitution and interpreting federal laws.
How are cases argued and decided by the Supreme Court? Briefs are submitted by both sides. At oral argument each side presents its case. The justices meet to discuss the case. They take a preliminary vote. If they all agree, they issue a unanimous ruling. If they disagree, they issue a majority opinion and a dissenting opinion. Justices who agree with the outcome, but for different reasons, may issue a concurring opinion. The majority or unanimous opinion is the ruling of the Court.
What influences the Supreme Court justices’ opinions on cases? Public opinion and the values of society.
How are Supreme Court justices nominated and confirmed How are Supreme Court justices nominated and confirmed? Why is this process often contentious? The president chooses a nominee, the nominee is questioned by the Senate Judiciary Committee, they vote on whether to send the nomination to the entire Senate. If the nominee moves forward, the Senate either confirms or rejects the nominee.
What characteristics make someone an ideal nominee for the Supreme Court? Personal integrity, professional expertise, someone demonstrating a thorough understanding of the law (trained as a lawyer), intelligence, excellent education and training, outstanding oral and written communication skills, open minded, courteous, patient, and committed to equal justice under the law.
How do judges decide what the Constitution means? They use their own individual judicial philosophies.
How is the Supreme Court’s power limited and balanced by the other branches of government? The president has the power to appoint justices, while the Senate has the power to approve or reject those appointments. Congress has the power to impeach and remove justices. Congress even decides how many justices will be on the Supreme Court and sets their salaries. If the American people do not like a Supreme Court ruling, they can (through their elected representatives) change the law or the part of the Constitution that the Supreme Court interpreted.