Pos-1100 Wa7

J.
Brandon West
1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction?
Distinguish between original jurisdiction and appellate jurisdiction.
Jurisdiction is the legal authority of a court to hear and decide cases. There are two main
types:
Original Jurisdiction: This is where a court hears a case for the first time and
determines both facts and law.
Appellate Jurisdiction: This involves a court reviewing decisions made by lower courts,
focusing on legal issues and not facts, to ensure the correct application of the law.
2. How does a case come to be heard by the Supreme Court? Describe how cases are
selected.
Cases are heard by the U.S. Supreme Court when parties submit a "Petition for Writ of
Certiorari," requesting the Court's review. The Court decides to hear cases based on their
legal significance, potential impact, and whether there's a legal conflict. If four or more
Justices agree, the case is accepted. After review and oral arguments, the Court issues a
decision, setting a legal precedent.
3. After a case has been decided, the Court issues its ruling. Distinguish between the terms
decision and opinion. Then, define the following terms: majority opinion, concurring
opinion, dissenting opinion. Who writes the opinions?
A decision is the formal outcome of a case whereas the opinion is a written explanation of
the court's legal reasoning.
Majority Opinion: Represents the majority's views and sets precedent.

Concurring Opinion: Agrees with the decision but for different reasons.
Dissenting Opinion: Disagrees with the decision.
The judges or Justices write these opinions, with the majority opinion often assigned by
the Chief Justice.
4. Briefly describe U.S. district courts and U.S. courts of appeals and discuss the importance
of state courts.
U.S. District Courts: These are federal trial courts where federal cases are initially heard
and decided.
U.S. Courts of Appeals: These are federal appellate courts that review decisions from the
district courts to ensure they were legally sound.
J. Brandon West
State courts handle most legal matters, including those related to state law, local issues,
and everyday disputes, playing a crucial role in the legal system.
5. Justices are nominated to the federal court system by the president and confirmed (or
rejected) by the Senate. What considerations go into a president’s choice of Supreme
Court nominees?
A president's choice of Supreme Court nominees is influenced by considerations like the

nominee's qualifications, judicial philosophy, political alignment, Senate confirmation
prospects, diversity, legacy, public reception, and advice from legal experts and advisors.
6. Besides the Constitution, consider the statutory and administrative influences on the
Court and its decisions. How does the Court shape public policy?
The U.S. Supreme Court is influenced by federal laws and regulations. It shapes public
policy by setting legal precedents, interpreting the Constitution and laws, checking
government actions, driving social change, guiding legislators, and raising public
awareness about important issues.
7. Distinguish between criminal law and civil law cases. Give examples.
Criminal Law Cases:

 Purpose: Punishment for crimes by the government.
 Standard of Proof: "Beyond a reasonable doubt."
 Examples: Murder, robbery, drug trafficking.
 Consequences: Penalties like imprisonment or fines.
Civil Law Cases:

 Purpose: Resolving disputes and providing remedies.
 Standard of Proof: "Preponderance of the evidence."
 Examples: Personal injury, contract disputes, divorce.
 Consequences: Monetary damages or injunctive relief.
8. Marbury v. Madison (1803) is the case most closely associated with judicial review.
Define judicial review. What impact can that power have on the other two branches of
government in particular and on American society in general? Is the power specified in
the Constitution?
Judicial review is the power of courts, particularly the U.S. Supreme Court, to determine
if laws and government actions are constitutional. It checks the other branches, impacting
laws and executive orders. It safeguards constitutional principles and individual rights in
American society. It is not explicitly in the Constitution, but was established by the U.S.
Supreme Court in Marbury v. Madison (1803).
J. Brandon West
9. Judicial restraint and judicial activism are the terms that describe the degree to which
justices defer to precedent and elected officials. Define these two terms. Which practice
considers the Constitution a living document or a static document, and why?
Judicial restraint means judges limit their power, defer to precedent, and view the
Constitution as relatively static.
Judicial activism means judges are assertive, may challenge precedent, and view the
Constitution as a living document that can evolve with changing societal norms.
10. Brown v. Board of Education of Topeka (1954) produced a landmark decision that
dramatically changed American society. Using this case or another landmark case as an
example, discuss how Supreme Court decisions can affect everyday American life.
Brown v. Board of Education (1954) is an example of how Supreme Court decisions can
impact everyday American with examples such as:
 Desegregation: The ruling desegregated schools, promoting diversity and equality

in education.
 Civil Rights Movement: It inspired civil rights activism and legal challenges
against discrimination.
 Legal Precedent: The decision set a precedent for challenging segregation in

various areas.
 Changing Norms: It shifted societal norms, prompting discussions on racial

equality.
The case's legacy continues to influence civil rights and education equality in the U.S.

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J.

Majority Opinion: Represents the majority's views and sets precedent.

A president's choice of Supreme Court nominees is influenced by considerations like the

Criminal Law Cases:

Civil Law Cases:

 Desegregation: The ruling desegregated schools, promoting diversity and equality

 Legal Precedent: The decision set a precedent for challenging segregation in

 Changing Norms: It shifted societal norms, prompting discussions on racial

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