U.s. Constitution- Judicial Branch

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maritime

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relating to marine shipping or navigation

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original jurisdiction

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court has authority to be the first court to hear a case

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appellate jurisdiction

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court hears cases that have been appealed from lower courts

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treason defined in article III

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treason in united states shall only consist oin levying war against U.S., or helping their enemies

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restrictions put on convictions for treason

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two witnesses in court must be present in order to testify that a treasonable act was committed

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types of cases does Supreme Court have original jurisdicition

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Cases affecting ambassadors, other public ministers and consuls

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body is allowed to establish courts inferior to Supreme Court

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Congress

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check that give Congress over Supreme Court

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Congress can tell Supreme Court to hear a case [appellate jurisdiction]

Congress is given the power to determine the punishment for treason

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importance of marbury v.s. madison

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-judicial branch became more powerful
-has power to declare laws unconstitutional

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who are federal judges appointed by? approved by?

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appointed by president
approved by senate

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How long do federal judges hold office? How can they be removed?

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-Hold office for life
-May be only removed by impeachment

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Who is the Chief Justice today?

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John Roberts

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How many associate justices are there on Supreme Court?

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8

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Are there qualifications for federal judges in the Constitution?

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No

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How are Supreme Court cases decided?

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simple majority

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What is meant when it is said that a law is "unconstitutional"?

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it goes beyond the powers granted by the constitution

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What is the job of the Court of Appeals?

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-Determines if a person was granted his/her full elgal rights during their trial

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What happens if the Court of Appeals finds that justice was not done?

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The case is sent back to the district court for a new trial

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What is a precedent?

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An earlier decision in a particular case

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What is a subpoena?

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A court order requiring a person to witness in court

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6 important parts of the right to a fair trial

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Right to have a lawyer
Right to be released by bail
Right to be indicted by a grand jury
Right to a jury trial
Assume innocent until proven guilty
Right to an appeal

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What are the three basic principles that Chief Justice John Marshall established?

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-Judicial review: Supreme court can declare a law passed by Congress to be unconstitutional
-Laws passed by state legislatures can be declared by the U.S. Supreme Court
-US Supreme Court can reverse the decisions of the state courts

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How can a law declared unconstitutional be made constitutional?

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-Change law to fit US Constituion
-Change constitution by amendment

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Who presides over Supreme Court?

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chief justice

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length of Supreme Court justice's term in office

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Until he/she dies or chooses to retire

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judicial review

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right to declare laws unconstitutional

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why marbury vs madison important

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Supreme Court defined its right to judicial review

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What act of Congress was interpreted by Supreme Court in this case? Why is this act important?

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-Judiciary Act was interpreted by Supreme Court
-Act created the judicial branch of government

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One check Supreme Court has over legislative branch

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Declare laws unconstitutional

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One check Supreme Court has over the legislative branch

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Supreme Court can declare laws unconstitutional

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First chief justice of Supreme Court

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John Jay

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First woman appointed to Supreme Court

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Sandra Day O'Connor

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How justices are chosen

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Nominated by president, confirmed by Senate

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How many justices serve on the Supreme Court? How many originally?

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Now nine, originally six

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Who determines the number of justices on the Supreme Court?

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Congress

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What change in Supreme Court did Franklin Roosevelt propose?

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-Proposed that the president can appoint one, new additional justice for every justice who reached the age of 70, but did not retire, until the court reached a number of 15 judges