Question

comprehension and critical thinking
section 1 (pp. 220 - 225)

1. a. review key terms for each term, write a sentence that explains its significance or meaning: original jurisdiction, appellate jurisdiction, judicial activism, judicial restraint, precedent.

b. explain what factors made the creation of a federal judiciary controversial in the 1780s?
c. evaluate what are the benefits and drawbacks of the constitutional system for protecting the independence of judges?
section 2 (pp. 227 - 232)

1. a. review key terms for each term, write a sentence that explains its significance or meaning: grand juries, bankruptcy, misdemeanor, public defenders, appellant, briefs, sovereign immunity.

b. contrast what is the difference between federal district courts and federal courts of appeals?
c. develop what are the advantages in having specialized courts for certain types of cases?
section 3 (pp. 233 - 241)

1. a. review key terms for each term, write a sentence that explains its significance or meaning: writ of certiorari, docket, majority opinion, concurring opinions, dissenting opinions.

b. make generalizations what is the relationship between the countrys political climate and the makeup and rulings of the supreme court?
c. evaluate what do you think should be the most important factor a president considers when picking a supreme court justice?
critical reading
read the passage in section 2 that begins with the heading “purpose of the courts of appeals.” then answer the questions that follow.

1. in most instances, what must a party order do to bring an appeal to a court of appeals?

a have won the case in the lower court
b be a u.s. citizen
c be prepared to argue that the lower - court case involved a serious legal error
d have jurisdiction over the case

1. the 12 u.s. circuit courts of appeals hear appeals from what types of courts?

a state supreme courts
b criminal conviction or a civil ruling from a federal district court
c military courts
d u.s. supreme court

Explanation:

1. a.

• Original jurisdiction: The power of a court to hear a case for the first - time, as opposed to appellate jurisdiction.
• Appellate jurisdiction: The authority of a court to review decisions made by lower courts.
• Judicial activism: A philosophy where judges make decisions based on their own views and a desire to bring about social change.
• Judicial restraint: A judicial philosophy where judges limit their power and defer to legislative decisions.
• Precedent: A legal decision that serves as an example for future similar cases.

1. b. In the 1780s, the creation of a federal judiciary was controversial due to concerns about states' rights, the fear of a powerful central government, and questions about the scope of federal power.
2. c. Benefits of the constitutional system for protecting judicial independence include life - tenure for federal judges, which allows them to make decisions without fear of losing their jobs. Drawbacks may include the potential for a lack of accountability as judges are not directly elected.
3. a.

• Grand juries: A group of citizens who determine whether there is enough evidence to indict a person for a crime.
• Bankruptcy: A legal process when a person or business cannot repay their debts.
• Misdemeanor: A less serious crime compared to a felony.
• Public defenders: Lawyers appointed to represent defendants who cannot afford legal counsel.
• Appellant: A person who appeals a lower - court decision.
• Briefs: Written legal arguments submitted to a court.
• Sovereign immunity: The principle that the government cannot be sued without its consent.

1. b. Federal district courts are trial courts that hear a wide range of cases, both civil and criminal. Federal courts of appeals review decisions made by federal district courts and some administrative agencies.
2. c. Specialized courts for certain types of cases have advantages such as judges with expertise in specific areas, which can lead to more consistent and efficient decision - making.
3. a.

• Writ of certiorari: A request to a higher court to review a lower - court decision.
• Docket: A list of cases pending in a court.
• Majority opinion: The opinion of the majority of the judges in a case.
• Concurring opinions: Opinions of judges who agree with the majority decision but for different reasons.
• Dissenting opinions: Opinions of judges who disagree with the majority decision.

1. b. The country's political climate can influence the makeup of the Supreme Court as presidents nominate justices who may share their political views. The makeup of the Supreme Court, in turn, can affect its rulings, as different ideological leanings may lead to different interpretations of the law.
2. c. A president may consider a nominee's judicial philosophy, legal expertise, and political ideology as the most important factors when picking a Supreme Court justice.
3. In most instances, to bring an appeal to a court of appeals, a party must be prepared to argue that the lower - court case involved a serious legal error. So the answer is C.
4. The 12 U.S. circuit courts of appeals hear appeals from criminal conviction or a civil ruling from a federal district court. So the answer is C.

Answer:

1. a. See above explanations for each term.
2. b. Concerns about states' rights, fear of a powerful central government, and questions about federal power.
3. c. Benefits: Life - tenure for independence; Drawbacks: Lack of direct accountability.
4. a. See above explanations for each term.
5. b. Federal district courts are trial courts; federal courts of appeals review lower - court decisions.
6. c. Expert judges, more consistent and efficient decisions.
7. a. See above explanations for each term.
8. b. Political climate influences Supreme Court makeup which affects rulings.
9. c. Judicial philosophy, legal expertise, political ideology.
10. C. be prepared to argue that the lower - court case involved a serious legal error
11. C. criminal conviction or a civil ruling from a federal district court