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? 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? 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.