Question 1

What does Article III do?

Accepted Answer

Establishes the Supreme Court and gives Congress the power to create lower courts

Question 2

What is jurisdiction?

Accepted Answer

The power to make legal decisions and judgments

Question 3

What does Federalist 78 argue?

Accepted Answer

Judges should have life tenure so that they don't need to worry about reelection or pleasing other branches

The Judicial Branch is the weakest since it can't influence funding/military

The Judicial Branch is created to protect the Constitution

Question 4

What is judicial review?

Accepted Answer

The Judicial Branch declaring executive/legislative acts unconstitutional

(established in Marbury v. Madison)

Question 5

What is the difference between constitutional and legislative courts?

Accepted Answer

Constitutional courts are federal courts created by Congress and the Supreme Court (established in the constitution)

Legislative courts are specialized courts created to deal with Congress's powers under Article I

Question 6

What are district courts?

Accepted Answer

Constitutional courts with general jurisdiction that hear a broad array of issues

Question 7

What are the courts of appeals?

Accepted Answer

Appellate courts that hear appeals to the decisions of lower courts

(may only review cases already decided by a lower court)

Question 8

What is the Supreme Court?

Accepted Answer

The highest court in the federal judicial system

Final authority in deciding all questions regarding the Constitution

Question 9

How are federal judges selected?

Accepted Answer

They are appointed by the president and confirmed by the Senate

Question 10

What is Senatorial courtesy?

Accepted Answer

An unofficial rule where senators from the state a district is located in approve/disapprove judicial nominees for that district

Question 11

What is the "rule of four"?

Accepted Answer

Four of the nine justices in the Supreme Court must agree to hear a case

Question 12

What is a writ of certiorari?

Accepted Answer

An order by the Supreme Court for a lower court to send up the legal documents of a case for review

Question 13

What are "briefs" in law?

Accepted Answer

A statement of facts and arguments that support a given position on a case

(lawyers submit written briefs to support their side)

Question 14

What are amicus curiae?

Accepted Answer

"Friends of the court" — people/organizations who voluntarily submit briefs to a case, because the case is relevant to them

Question 15

What are precedents?

Accepted Answer

Legal standards/guides by the Supreme Court to be followed in subsequent cases

Question 16

What is stare decisis?

Accepted Answer

The doctrine of following rules and principles laid down in precedents

Question 17

What is judicial activism?

Accepted Answer

The idea that the Supreme Court should have an active role in determining national policy

Overturning unconstitutional laws, overruling precedent, ruling contrary to previous interpretation

(opposite of judicial restraint)

Question 18

What is judicial restraint?

Accepted Answer

The idea that the Supreme Court should avoid taking initiative and only operate within strict limits

(opposite of judicial activism)

Question 19

Why is the judicial branch generally considered to be the weakest?

Accepted Answer

It has no power to enforce its decisions

Judicial, AP U.S. Government and Politics Flashcards