Political Science 1040

U.S. & Texas Government

Review Sheet for Final Examination

1. Be able to differentiate between courts of original jurisdiction and courts of appellate jurisdiction.

Original Jurisdiction courts have the authority to hear a case for the first time and Courts of appellate

jurisdiction hear cases on appeal from the lower courts.

2. Distinguish between criminal cases and civil suits. Criminal case is an act against society (criminal law

regulates individual behavior to protect property and public safety) A Civil case is an act a private person or

group (deals with business and contractual relations between groups and individuals)

3. Which federal courts are mentioned by name in the U.S. Constitution? Supreme court

4. How does the constitution describe the jurisdiction of the federal courts? “the judicial power shall

extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and

treaties made, or which shall be made under their authority”-

Describe the appellate and the original jurisdiction of the U.S. Supreme Court. original jurisdiction in

"cases affecting ambassadors, other public minister and consuls, and those in which a state shall be a party"

Appellate jurisdiction "in all the other cases before mentioned, the supreme court shall have appellate

jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall

make."

5. How are federal judges selected? What is their term of office? Federal judges are appointed by the

President, and subject to the advice and consent of the Senate. No term limits, held as long as they

demonstrate “good behavior”

6. Distinguish between constitutional courts and legislative courts in the federal judiciary. Constitutional

courts are established or authorized in the Constitution and Legislative courts are established by Congress

under its implied powers and usually serve special purposes. (EX: tax courts, patents courts, veterans)

7. How did the Judiciary Act of 1789 affect the structure of the federal judiciary? It established structure

for the judiciary- a 3-tiered structure of the federal court system. District courts>Circuit Courts (appeal)>

Supreme Court

8. Describe the jurisdiction of these federal courts:

a. U.S. District Courts- original jurisdiction, cases involving federal government, civil suits under

federal law, civil suits between citizens of different states in issue of $75,000+, admiralty or

maritime disputes, bankruptcy, other matters assigned by Congress

b. U.S. Courts of Appeals- no original jurisdiction, hears appeals of cases from lower federal courts,

c. U.S. Supreme Court- rare original jurisdiction- in cases of two or more states, U.S. and a state,

foreign ambassadors and other diplomats, a state and a citizen of another state (if begun by state).

Appellate Jurisdiction

9. How many federal district courts are there? How many in Texas? 94 federal, 4 in Texas

10. How many U.S. Courts of Appeals are there? What circuit includes Texas? There are 14 circuit courts

total (11 numbered) Texas is in the 5th circuit with Louisiana and Mississippi

11. Define judicial review. The power of the courts to declare an action of the other branches of government

and of the states to be unconstitutional and to declare it null and void. –all courts can use judicial review, not

just federal ones.

12. What does the U.S. Constitution say about judicial review? It is not mentioned.

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Political Science 1040

U.S. & Texas Government

Review Sheet for Final Examination

1. Be able to differentiate between courts of original jurisdiction and courts of appellate jurisdiction. Original Jurisdiction courts have the authority to hear a case for the first time and Courts of appellate jurisdiction hear cases on appeal from the lower courts. 2. Distinguish between criminal cases and civil suits. Criminal case is an act against society (criminal law regulates individual behavior to protect property and public safety) A Civil case is an act a private person or group (deals with business and contractual relations between groups and individuals) 3. Which federal courts are mentioned by name in the U.S. Constitution? Supreme court 4. How does the constitution describe the jurisdiction of the federal courts? “the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority”- Describe the appellate and the original jurisdiction of the U.S. Supreme Court. original jurisdiction in "cases affecting ambassadors, other public minister and consuls, and those in which a state shall be a party" Appellate jurisdiction "in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." 5. How are federal judges selected? What is their term of office? Federal judges are appointed by the President, and subject to the advice and consent of the Senate. No term limits, held as long as they demonstrate “good behavior” 6. Distinguish between constitutional courts and legislative courts in the federal judiciary. Constitutional courts are established or authorized in the Constitution and Legislative courts are established by Congress under its implied powers and usually serve special purposes. (EX: tax courts, patents courts, veterans) 7. How did the Judiciary Act of 1789 affect the structure of the federal judiciary? It established structure for the judiciary- a 3-tiered structure of the federal court system. District courts>Circuit Courts (appeal)> Supreme Court 8. Describe the jurisdiction of these federal courts: a. U.S. District Courts- original jurisdiction, cases involving federal government, civil suits under federal law, civil suits between citizens of different states in issue of $75,000+, admiralty or maritime disputes, bankruptcy, other matters assigned by Congress b. U.S. Courts of Appeals- no original jurisdiction, hears appeals of cases from lower federal courts, c. U.S. Supreme Court- rare original jurisdiction- in cases of two or more states, U.S. and a state, foreign ambassadors and other diplomats, a state and a citizen of another state (if begun by state). Appellate Jurisdiction 9. How many federal district courts are there? How many in Texas? 94 federal, 4 in Texas 10. How many U.S. Courts of Appeals are there? What circuit includes Texas? There are 14 circuit courts total (11 numbered) Texas is in the 5th^ circuit with Louisiana and Mississippi 11. Define judicial review. The power of the courts to declare an action of the other branches of government and of the states to be unconstitutional and to declare it null and void. –all courts can use judicial review, not just federal ones. 12. What does the U.S. Constitution say about judicial review? It is not mentioned.

13. What is the importance of the following Supreme Court cases with regard to judicial review? a. Marbury v. Madison - first case to declare a federal law unconstitutional asserted judicial review at a national level b. Fletcher v. Peck- first case for state law to be declared unconstitutional-asserted judicial review at a state level 14. How did the Supreme Court justify its use of judicial review? Interpretation is clearly part of judicial function, determining that an action is contrary to the constitution is part of interpreting a law, and the right of judicial power is implied from the Supremacy Clause, and Courts cannot enforce an unconstitutional law or act. 15. Explain the use of the following criteria in limiting the number of issues coming to the U.S. Supreme Court: a. Real case - must involve a real case or controversy; they will not issue an advisory opinion to a hypothetical question. b. Standing - someone involved in the case must bring the case and must have a substantial stake the in the outcome of the case c. Not moot- problem must still exist and need resolution 16. Describe the basic steps by which the U.S. Supreme Court decides whether to take up a case and hear it. Most cases come by a writ of certiorari, clerks make a cert list of which they think is most important, judges vote on which cases to take up (at least four justices must vote yes in order to take the case to the court), 17. Describe the types of cases that the U.S. Supreme Court is likely to take? Cases that involve conflicting decisions by the federal circuit courts, cases that present important questions of civil rights or civil liberties, and cases in which the federal government is the appellant. 18. How can interest groups influence decisions made by the Supreme Court? They can find and prepare important test cases, and file amicus curiae briefs in cases. 19. Describe the procedures following by the Supreme Court in hearing and deciding a case. Receive written arguments (briefs) and study them, oral arguments (30 min. includes questions from justices), conferences (private among justices), writing opinions (majority, dissenting, and concurring opinions) no new testimonies are heard. 20. Why does the U.S. Supreme Court publish opinions explaining its decisions? They publish it to explain why it has done what it his done- provides guidance to other courts especially circuit courts. How to apply that case. 21. Differentiate among the following types of opinions: a. Majority- written by someone who voted with the majority opinion and the ruling on the case b. Dissenting- written by someone the minority opinion of the justices who disagree with the ruling of the court and the majority opinion c. Concurring- someone who voted with the majority but had different reasoning for voting with them 22. Explain the following terms: a. Stare decisis- adhere to the decision- Judges defer to prior decisions (precedents) in similar cases. b. Judicial restraint- judges defer to other branches of government and let their decisions stand. c. Judicial activism- judges should use their power broadly to further justice, especially in areas of equality and personal liberty. 23. How does the attitudinal model explain judicial decision-making? It holds that judges make decisions based on their personal attitudes (attributes: party, occupation, education, and prior experiences)

36. What is the role of the Texas Commission on Judicial Conduct? They hear complaints against sitting judges and decide appropriate punishment. 37. What tools are available to the Texas Legislature to discipline judges? Two- only one counts. TX Legislature can bring about impeachment proceedings against a judge, and judges can be removed by judicial address (by passing a law)- meaningless constitutional tradition that is not used. 38. Distinguish between civil rights and civil liberties. Civil liberties are issues involving protecting the freedoms of individuals and they arise out of the bill of rights. Civil Rights are questions revolving around equal treatment of individuals. (14th^ amendments- equal protection of the laws clause) 39. Where are civil liberties described in the U.S. Constitution? Bill of Rights 40. What did the Supreme Court say about the Bill of Rights in Barron v. Baltimore (1833)? Those rights only apply to the federal government, not to the state government. Guarantees included in the constitution the federal courts must uphold but liberties in states are restricted by state constitution and courts. 41. Define selective incorporation of the Bill of Rights. Became possible once the 14th^ amendment was ratified (due process clause- the court has ruled that rights defined in the bill of rights apply to the states through the due process clause) case-by-case basis over a long period of time to get the bill of rights to apply to states. 42. What clause in the 14th^ amendment has been used to apply parts of the Bill of Rights to the states? Due process clause 43. Differentiate between these two clauses pertaining to religion in the First Amendment: c. Establishment clause -government shall pass no laws of the establishment of a national religion. a. Free exercise clause- government shall not interfere with the free exercise of religion 44. What are the three parts of the test set forth by the Supreme Court in Lemon v. Kurtzman regarding religious activities authorized by a state? When can the state set up a religious interference?- it must have a secular purpose and be good for something more than religion, it should not foster or prohibit it, or create an intermixing of government and religion working together 45. Indirect aid to religious schools has been justified by the Supreme Court using what theory? Child benefit theory- provide benefits to religious establishments if it benefits a child. 46. What is the significance of the Supreme Court’s decision in Zelman v. Simmons-Harris (2002)? Supreme court upheld the right of the government to give cash payments to people to aid their education and that of their children, even if the parents were using the money to send kids to a religious school. 47. Identify these tests used by the Supreme Court in free speech cases: a. Clear and present danger test –meant to draw a distinction between advocating something illegal and something that could lead to something illegal. b. Direct incitement test- strengthens the idea that there must be direct incitement to danger that something illegal will happen. 48. Explain the no prior restraint rule used in cases involving freedom of the press. In dealing with the press there is no prior censorship but we can hold people responsible after publishment. 49. What are the ways the universities commonly assert that they are allowed to regulate freedom of speech on college campuses? They can regulate place, time, and manner, but they cannot regulate the content. 50. Describe the Roth test used in judging obscenity cases. In judging obscenity look at material whole, community standards, and ……… 51. What did Miller v. California add to the standards used in judging obscenity cases? Added local community standards. 52. Define the following terms and explain their relevance to freedom of speech and press: a. Libel -written statements that harm another person (reputation, etc)

b. Slander- oral statements that harm another person

53. Which amendments in the Bill of Rights deal with rights of accused criminals? 4, 5, 6 8 54. What are the things that the Fourth Amendment says must be specified in a search warrant? Specify the place to be searched, what they are looking for, and must be specific. No blanket warrants 55. In what circumstances might a search without a warrant be legal? Those dealing with incidents to an arrest- limited search in the place where the person was arrested for weapons or clearly visible evidence to protect health and safety of police officers 56. Define the exclusionary rule and explain its significance. Evidence not properly attained can be excluded from use in court. 57. Define double jeopardy. Cannot be tried for the same crime twice. (5th^ amendment) doesn’t prevent trials from both state and federal suits, or both civil and criminal suits. 58. What are the things included in the Miranda warning that a police officer must give to a suspect who is being arrested? They have the right to remain silent, anything they say can be used in a court of law, right to an attorney, government will provide an attorney if they cannot afford one 59. What important part of the Bill of Rights was applied to the states in Gideon v. Wainwright? Right to counsel in a trial. 60. What was the impact of Furman v. Georgia in 1972? Declared several state capital punishment statutes unconstitutional on the grounds of vague state laws that led to arbitary and capricious application. States simply reinstated capital punishment laws that met the specificity 61. What is the constitutional basis for the right to privacy upheld by the Supreme Court? The right to privacy is implied by the constitution as ruled by the supreme court even though its not specifically stated 62. Explain the court’s ruling in Roe v. Wade. Right to abortion- as the preganacy advances in time and liability the government has more power to regulate the use of abortion. 63. Why does Carhart v. Gonzales (2007) demonstrate the importance of court membership as a factor influencing court decisions? Specifically upheld a federal law hold ……… 64. What period in the Supreme Court’s history showed a lot of activity in applying the Bill of Rights to the states? 1960s under the Warren Court which handed down the Miranda decision. 65. Which current Supreme Court justices were appointed by President Obama? Kagan and Sotomayor. 66. Describe the following provisions of the Patriot Act a. Roving wiretaps - broad provision permitting blanket warrants to wiretap any communication devices a person may have. b. Delayed notice search warrants - they may search someone’s house without telling them. 67. What are the parts of the Patriot Act that have cause concerns about civil liberties? Broad snooping provisions of personal records etc. 68. What action did Congress take on the Patriot Act in 2006? They renewed it and gave individuals additional protections 69. Describe the NSA warrantless wiretapping and how it was brought to an end. Bush authorized NSA to carryout wiretaps without a warrant. Courts didn’t agree with this and it was ended. 70. What has been the relationship between war and external threats and U.S. policy regarding civil liberties? When we feel threatened we allow the government to do more. 71. What is the dilemma involving in balancing civil liberties against external threats? We want to protect ourselves against external threats we throw away the system to protect our rights 72. Identify these amendments and explain why they are called the Civil War Amendments: a. Thirteenth Amendment -outlawed slavery b. Fourteenth Amendment- equal protection of the law c. Fifteenth Amendment- cannot distriminate

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Download US Federal & Texas State Judiciary: Jurisdiction, Supreme Court Cases & Judge Selection - and more Study notes Political Science in PDF only on Docsity!

Political Science 1040

U.S. & Texas Government

Review Sheet for Final Examination