Chapter 18

Chapter 18.
1 Guided Reading
18.1 (Page 506)
1. Under the Articles of Confederation, what was the court system like?
Under the Articles of Confederation, the court system was weak. There was no national
judiciary, and each state had its own courts to handle legal matters. This lack of a unified court
system contributed to the overall ineffectiveness of the Articles of Confederation government.
2. What is the “dual” court system? Which constitutional principle is this an example of?
The "dual" court system refers to the coexistence of federal and state court systems within the
United States. This setup is an example of the constitutional principle of federalism, which
divides powers between the federal government and state governments.
3. What are the two types of federal (or national) courts? Explain them.
The two types of federal (or national) courts in the United States are:
District Courts: These are the trial courts of the federal system. There are 94 district courts across
the country. These courts handle both civil and criminal cases. They are where trials take place,
evidence is presented, and witnesses testify.
Courts of Appeals (Circuit Courts): These are the appellate courts in the federal system. There
are 13 circuit courts of appeals, each covering a specific geographic area known as a "circuit."
These courts review decisions made by the district courts to determine if the law was applied
correctly. They do not conduct trials or hear new evidence. Instead, they review the legal
procedures and decisions of the lower courts.
4. Who creates inferior courts? Which constitutional principle is this an example of?
Inferior courts are typically created by the legislative branch of government. This process is an
example of the principle of separation of powers, where different branches of government have
distinct responsibilities and powers.
5. What are special courts? Why are they created? What is their other name?
Special courts, also known as specialized courts, are judicial bodies established to handle
specific types of cases or legal matters. They are created to address particular issues or areas of
law more effectively and efficiently than traditional courts. Special courts can be established to
deal with various matters such as family law, tax law, bankruptcy, drug offenses, terrorism cases,
immigration matters, or military justice, among others. The primary purpose of creating special
courts is to ensure that cases within these specialized areas receive specialized attention from
judges with expertise in the relevant legal field, leading to more expedient and fair resolutions.
6. What is jurisdiction?
Jurisdiction refers to the authority or power of a court or legal body to hear and make judgments
on a case within a specific geographical area or over certain types of legal matters. It determines
which court has the authority to handle a particular case based on factors like location, subject
matter, and the parties involved.
7. Look at the picture/graphic image on Pg 508.

a. What subject matter must the case have in order to be heard by a federal court?
Talk to him in class
b. If those subject matters aren’t present, what parties must be involved to give jurisdiction to
a federal court?
Talk to him in class
8. What is concurrent jurisdiction?

Concurrent jurisdiction refers to a situation where two or more courts have the authority to hear
the same case or type of cases. This means that more than one court has the power to adjudicate
legal matters within a particular geographical area or over certain subject matters.
9. What is a plaintiff? What is a defendant?

A plaintiff is someone who brings a case against another party in a court of law. They are the
party that initiates a lawsuit or legal action, seeking some form of legal remedy or compensation.
A defendant, on the other hand, is the party against whom a lawsuit is brought. They are the one
being accused or sued by the plaintiff and are required to respond to the allegations made against
them in court.
10. What is original jurisdiction?

Original jurisdiction refers to the authority of a court to hear a case for the first time. This means
that the court has the power to initially consider and decide legal disputes or cases brought before
it, as opposed to appellate jurisdiction, where a higher court reviews decisions made by lower
courts.
11. What is appellate jurisdiction? What can happen in appellate cases?
Appellate jurisdiction refers to the authority of a higher court to review decisions made by a
lower court. In appellate cases, the higher court does not retry the case but rather examines
whether the lower court correctly applied the law or legal procedures. In appellate cases, several
outcomes are possible, including affirming (agreeing with) the lower court's decision, reversing
(overturning) the decision, or remanding (sending back) the case to the lower court for further
proceedings.
12. Who “nominates” federal judges for their position? Who “approves” and therefore
“appoints” federal judges?
In the United States, the President nominates federal judges, and the Senate approves them,
thereby appointing them to their positions.
13. What is judicial restraint?

Judicial restraint is a legal principle where judges limit their own power, preferring to defer to
the decisions made by the legislative and executive branches of government unless those
decisions clearly violate the Constitution. In other words, it means judges avoid making broad or
activist interpretations of the law and instead focus on interpreting and applying the law as it is
written.
14. What is judicial activism?

Judicial activism refers to when judges interpret the law in a way that goes beyond simply
applying existing laws or legal precedents. Instead, they may use their positions to shape public
policy or address societal issues by making bold decisions that can sometimes be seen as
controversial.
15. How long are judicial terms on the Supreme Court?

Judicial terms on the Supreme Court are for life.
16. Who sets the salary for federal court judges?

The salary for federal court judges in the United States is set by Congress.
17. What is the primary mission of federal judges?

The primary mission of federal judges is to interpret and apply the law fairly and impartially in
order to administer justice within the federal court system.
18. Who are some of the court officers? What are their jobs?
Two court officers commonly found in a courtroom are:
Bailiffs: Their primary responsibility is to maintain order and security in the courtroom. They
may also announce the judge's entrance, call witnesses, and escort defendants in and out of the
courtroom.
Court Clerks: They assist in the administrative tasks of the court, such as record-keeping, filing
documents, scheduling hearings, and assisting judges with paperwork. They play a crucial role in
ensuring the smooth operation of the court proceedings.
18.3 (Page 517)
1. Which court is the only one specifically talked about in Article 3?

The Supreme Court.
2. Explain what judicial review is.

Judicial review is the power of courts to review and potentially invalidate laws or government
actions that they deem unconstitutional. Basically, it's like the referee of the legal game, making
sure everyone plays by the rules set out in the constitution. If a law or action doesn't follow those
rules, the court can say, "Nope, can't do that."
3. What happened in the court case Marbury vs. Madison?
In the Marbury v. Madison case, the Supreme Court established the principle of judicial review,
giving the Court the power to declare acts of Congress unconstitutional.
4. What impact did the court case Marbury vs. Madison have on the future of the courts?
The case of Marbury v. Madison established the principle of judicial review, giving the Supreme
Court the power to interpret the Constitution and declare laws unconstitutional. This decision
greatly strengthened the role of the judiciary branch in the United States and its ability to check
the powers of the other branches of government.
5. What type of jurisdiction does the Supreme Court have? Which type of case does the
Supreme Court see most often?
The Supreme Court has both original and appellate jurisdiction. It sees appellate cases most
often.
6. Skip ahead to the heading “How the Court Operates”. How long do the Supreme Court
justices work during the year?
The Supreme Court justices typically work from early October to late June or early July, with
breaks for holidays and vacations. They generally work four days a week while the Court is in
session.
7. What are Supreme Court Opinions?

Supreme Court opinions are written explanations of the decisions made by the United States
Supreme Court on legal cases brought before it. These opinions outline the Court's reasoning,
interpretations of law, and conclusions regarding the issues at hand. They serve as guidance for
lower courts and help shape legal precedent in the country.

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Chapter 18.

7. Look at the picture/graphic image on Pg 508.

Talk to him in class

Talk to him in class

8. What is concurrent jurisdiction?

9. What is a plaintiff? What is a defendant?

10. What is original jurisdiction?

13. What is judicial restraint?

14. What is judicial activism?

15. How long are judicial terms on the Supreme Court?

16. Who sets the salary for federal court judges?

17. What is the primary mission of federal judges?

18.3 (Page 517)

1. Which court is the only one specifically talked about in Article 3?

2. Explain what judicial review is.

7. What are Supreme Court Opinions?

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