Judicial Branch Quiz

The judicial branch is tasked with interpreting United States law, including the Constitution. They exercise jurisdiction on a case-by-case basis to determine whether or not those laws have been broken.

Through the appointment process, the judicial branch is subject to checks and balances by the executive and the legislative branches. The executive branch has the authority to make the appointments while the Senate has the authority to approve or block said appointments through a simple majority vote.

While the Constitution included a general idea of a judicial branch consisting of a Supreme Court and lower courts, the 1789 Judiciary Act actually established the working structure of this branch. The Act provided details regarding the authority of the Supreme Court and the number of justices it would have. It also created judicial districts and the courts that would preside in them, and established the circuit court system.

The addition of the appeals courts in 1891 created the existing federal court structure of the United States judicial branch. District courts are the entry-level courts. Decisions from the district courts can be appealed to the appeals courts. The Supreme Court hears cases that have been appealed and that they deem worthy of consideration; this usually involves cases with constitutional implications.

The American judicial system puts the burden of proof on the accuser in criminal cases; this means that a defendant is presumed innocent unless it has been proven beyond reasonable doubt that they are guilty.

State judicial systems handle crimes that do not cross state lines, involve less than $50,000 worth of damages, and do not involve federal law.

In this particular case, the farmer has the option to bring his suit in either Nebraska (where his farm is located), Texas (where the company he is suing is located), or federal court (since the suit crosses state lines). This type of situation is known as concurrent jurisdiction.

District courts are where all federal cases are initially heard. Depending on the outcome of the district court trial, the case can move up to higher federal courts through the appeals process.

There are 94 U.S. federal district courts. Every state has at least one judicial district; however, more populated regions have more district courts. Washington, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands all have federal district courts as well.

Situated in Washington, D.C., the Court of Appeals for the Federal Circuit is the only appeals court with national jurisdiction. The court’s main purview are appeals court cases with international economic implications.

Federal appellate courts review findings made by the district courts and have the options of upholding the decision, reversing the decision, or directing the district court system to hold the trial again. A panel of judges comes to this decision; the majority opinion is the final decision.

“Stare decisis” literally translates as “to stand by decided matters.” This is also known as the doctrine of precedent. In the United States, courts seek to follow precedent whenever possible, seeking to maintain stability and continuity in the law.

A judge’s opinion comes after a decision has been rendered by the court. In the decision, the judge reviews the key components of the case, assesses the pertinent laws, and gives justification for the outcome. Judges often use their opinions to set the tone for how strong or weak a precedent the case has set in regards to the laws in question.

Federal judgeships are lifetime appointments. The only way a federal judge loses his or her seat is by retirement, death, or formal removal by congressional impeachment. This is why candidates for federal judgeships are usually carefully vetted and scrutinized before being nominated and approved.

U.S. Marshals exist to keep order in federal courts and ensure their operations proceed smoothly. Their powers include collecting fines, making arrests, issuing subpoenas, transporting prisoners, and keeping court participants safe.

U.S. Attorneys are nominated by the President and approved by a vote in Congress. U.S. Attorneys, unlike federal judges, only serve four-year terms.

Magistrates do a lot of the key set-up work for the federal district courts. Their efforts help keep the dockets of the federal courts moving, and in some instances, they even hear cases deemed to be of lesser importance.

The Supreme Court has has original jurisdiction over suits between two or more states. They also hear cases regarding issues with diplomats from other nations. All other federal cases only come before the Supreme Court as a result of the appeals process through the lower courts.

Higher courts are not required to hear all the cases brought up for appeal. When an appeal is dismissed by the appellate or Supreme Court, whatever decision had been reached in the last hearing of the case stands.

On the Supreme Court, there are eight justices known as associate justices and one who serves as the Chief Justice. The Chief Justice presides over things like Supreme Court sessions, judicial conferences, and impeachment trials. The Chief Justice is also the first to vote in formal deliberations.

Sandra Day O’Connor was appointed by Ronald Reagan in 1981. She was the first woman ever to sit on the Supreme Court.

Thurgood Marshall was appointed to the Supreme Court in 1967 by President Lyndon Johnson. He was the first of only two African-Americans who have served on the court to date (the other being his replacement, Justice Clarence Thomas).

While Presidents tend to nominate justices whose records reflect similar political views, the Supreme Court is not a political body. The role of the Court is to offer impartial decisions based upon the law, the Constitution, and the facts presented in court — politics and the influence of outside forces should not be part of the equation.

The power of judicial review allows the Supreme Court to decide if a law passed by Congress follows the Constitution or not. If not, the law is deemed unconstitutional and can be nullified by the court.

The executive branch doesn’t have much of a check on power of judges once they are put in place. Instead, it is the legislative branch that holds the main checks on their power (the legislative branch has impeachment powers over all federal officers).

Supreme Court sessions begin each October. These sessions end when the court’s scheduled docket has been completed, meaning the length of Supreme Court sessions varies year to year.

Parties who are unsatisfied with the decision of a lower court can petition the Supreme Court to hear their case. The primary way of doing this is to ask it to grant a writ of certiorari. This is an order made by the Supreme Court directing the lower court to send up the record of the case for review.

Before any arguments happen in open court, both sides submit written briefs outlining their claims and arguments pertaining to the case. This gives the Supreme Court Justices the opportunity to become familiar with the case, assemble relevant background information, and prepare questions for the lawyers.

The Supreme Court Justices meet in private conference sessions to deliberate and eventually vote on the cases they hear. These sessions are closed to the public, and no recording of any kind is permitted.

In a Supreme Court ruling, at least six justices must be participating. The majority of the participating justices must agree in order for a ruling to be made. If a majority is not achieved, the decision from the lower court remains; however, in this instance, the case is not considered as any type of legal precedent to be cited by future cases.