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Unit 4 Government
| Question | Answer |
|---|---|
| How does one become a Supreme Court Judge? | Getting appointed by the President and then getting approved by the Senate |
| What must a president consider when appointing Supreme Court Judges? | party affiliation, judicial philosophy, race, gender, religion, region, and judicial experience |
| Identify and explain the controversy surrounding a Supreme Court Judges term. | The Supreme Court judges serve for life to prevent public and political pressures. (2016-2020 Supreme Court flip controversy) |
| Why does the MN state constitution allow for the election of MN State Court Judges? | restores balances to the term limits, allows for people to vote people in/out of office because the judges beliefs |
| What is the majority opinion? | the opinion is agreed by the majority of the justices |
| What is the concurring opinion? | judges write who agrees with the majority opinion and the reason behind the decision |
| What is the dissenting opinion? | judges write who disagrees with the majority opinion. |
| What is original jurisdiction? | the authority to hear a case for the first time where trials are held, evidence is presented, and juries determine the outcome of the case (federal courts rarely have this) |
| What is appellate jurisdiction? | courts that hear reviews or appeals of lower court decisions (federal courts mostly run like this) |
| What is concurrent jurisdiction? | two or more courts have jurisdiction over the same case |
| Judiciary Act of 1789 | created lower courts but didn’t say anything about who gets to choose the judges for the district and appeals court |
| Judiciary Act of 1801 | John Adams created a new act so the President can appoint judges to the courts as well as get approved by the Senate |
| Judiciary Act of 1802 | new act stated that the act should go back to the 1789 version |
| Marbury v Madison | refused to give him the paperwork to become a judge |
| John Marshall | wrote that judicial review should be allowed so judges and the President can declare national laws as unconstitutional (made the 1789 and 1802 versions of the Judiciary Act unconstitutional and the 1801 Judiciary Act became the official ruling) |
| How does the Supreme Court select the case to be ruled on? | If 4/9 judges (rule of 4) believe that the case is important enough to be heard then they will hear it, if not then the last appeals court ruling is final. |
| What is a precedent? | the supreme court rules on a case and all other courts in America have to follow the ruling of the case |
| How does a precedent limit the Supreme Court? | they are bound by past precedents and all judges have to abide by what the past precedents are |