5 The Federal Courts Free Online FlashCards

How does Article III establish the federal judiciary?

Article III vests federal judicial power in one Supreme Court and any lower federal courts Congress establishes.

What do federal district courts do?

District courts hear evidence, determine facts, and apply the law in trials.

What kinds of cases can federal courts hear?

Federal courts may hear cases involving the Constitution, federal laws or treaties, and certain disputes between states or parties from different states.

When can a state-court case reach the U.S. Supreme Court?

A state-court case can reach the U.S. Supreme Court if it raises a qualifying federal question.

How are federal judges appointed?

The president nominates federal judges, and the Senate confirms them.

What role does the executive branch play in enforcing court judgments?

Courts interpret and apply the law in cases, but they rely on the executive branch to enforce judgments.

What two kinds of jurisdiction does the Supreme Court have?

The Supreme Court has original jurisdiction over a small category of cases and appellate jurisdiction to review lower-court decisions.

Why does the Supreme Court hear only a small share of requested cases?

The Court chooses which petitions to accept, so it hears only a small portion of the cases parties ask it to review.

Why does the Supreme Court not issue advisory opinions?

The Supreme Court decides actual cases brought by parties with a legal dispute; it does not issue advisory opinions about hypothetical disputes.

What is judicial review?

Judicial review is the power of courts to decide whether government action is consistent with the Constitution.

What constrains courts when their decisions affect public policy?

Courts shape policy through legal judgments in cases, but their decisions are constrained by legal texts, precedent, jurisdiction, and the facts and arguments presented.

What is the role of federal courts of appeals?

Courts of appeals review lower-court proceedings for legal or procedural error; they generally do not retry cases.