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| Who was John Marshall ? | John Marshall was on the United States Supreme Court from 1801-1835. As Chief Justice of the United States Supreme Court, he helped to increase the power of the United States Supreme Court. |
| Today, what can be said about the United States judiciary branch of government in realtion to the other branches of the Federal government ? | Today, the judiciary branch is well established as an equal with the legislative and executive branches of the Federal government. |
| The United States judiciary consists of what two parallel systems of courts ? | The United States judiciary consists of the following two parallel system of courts: federal courts and state courts (each of the 50 states has their own courts for their state laws) |
| What does the federal court system consist of ? | The federal court system consists of the following: the United States Supreme Court and lower federal courts under the Supreme Court. |
| Who establishes the lower federal courts ? | The United States Congress establishes the lower federal courts under the United States Supreme Court. |
| What does the federal courts have jurisdiction over ? | The federal courts have jurisdiction over matters concerning the interpretation of the United States Consitution, federal laws passed by the United States Congress, treaties (agreements with other countries), cases involving backruptcy, and cases concerning maritime law (cases concerning matters that take place on the high seas) |
| What do state court systems have jurisdiction over ? | The state court systems have jurisdiction over the interpretation of their State Constitution and their state laws passed by their state legislature. |
| In what special areas do federal courts hear cases ? | Federal courts hear cases in the following special areas: 1) involving ambassadors and other representatives of foreign governments 2) involving cases between two or more state governments 3) involving members of the United State government 4) involving citizens of different states 5) involving a state government of one state and a citizen of another state 6) involving citizens of the same state claiming lands under grants of different states 7) involving a state government or its citizens and a foreign government or its citizens |
| What is "concurrent jurisdiction" ? | "Concurrent jurisdiction" is where both the federal courts and the state courts have jurisdction over.the same areas. These kind of cases can be handled in state courts but if the person being sued insists, however, the case MUST be tried in a federal court. |
| What is a "trial court" ? | A "trial court" is the court in which a case is ORIGINALLY handled and tried. "Trial courts" are usually referred to "as lower courts". |
| What is an "appellate court" ? | An "appellate court" is a court that hears cases that are being appealed from the "trial courts". "Appellate courts" do not hear cases for the first time only after they have been heard by "trail court" first. "Appellate Couirts" are usually referred to "as higher courts". |
| What is "judicail reveiw" ? | "Judicial review" is the power of aa appellate court to interpret the consitution, laws, and/or acts of the government they are a part of. |
| What is a "precedent" ? | A "precedent" is an "applellate court" establishing a pattern to follow in future decisions based on the decisions they make today. |
| Historically, how were the powers, duties, and responsibilities of the United States Supreme Court developed ? | Since the United States Constitution is not specific in outlining the powers, duties, and responsibilities of the United States Supreme Court, they, therfore, have been determined by custom, usuage, and history. The United States Supreme Court itself has been instrumental indetermining many of its powers, duties, and responsibilities. |
| In the Federal Judiciary System, what are the "trial courts" called ? | The "Ttial courts" in the Federal Judiciary System are called "United States District Courts". |
| What is the first level of appellate courts called in the Federal Judiciary System ? | In the Federal Judiciary System, the first level of "appellate courts", are called "United States Appellate Courts". |
| In the Federal Judiciary System, how many "Appellate Courts" are there ? | In the Federal Judiciary System, there are thirteen (13) "Unites States Appellate Courts". |
| In the Federal Judiciary System , what is the highest and final court of appeal called ? | In the Federal Judiciary System, the highest and final court of appeals is called the "United States Supreme Court". There is one (1) United States Supreme Court. |
| What was the significance of the decision and rulings of the United States Supreme Court in the case of "Marlbury v. Madison" ? | The United States Supreme Court, under the leadership of Chief Justice John Marshall, in the case of "Marlbury v. Madison" established the power, duty, and responsibility of the Supreme Court to include "judicial review". In this particular case the Federalists, whp had lost the eleciton of 1802, attempted to appoint last minute judges to the federal judiciary which was held up by the United States Supremem Court by their undertaking the power and authority of "judicial review" |
| What was the significance of the United States Supreme Courts decision and rulings in the cases of "Fletcher v. Peck (1810)" and "Dartmouth College v. Woodward (1819)" ? | The United States Supreme Court, under the leadership of Chief Justice John Marshall, in the cases of "Fletcher v. Peak (1810)" and Dartmouth College v. Woodward (1819)", established the power, duty, and responsibility of the United States Supreme Court to uphold the principle that in areas that both the federal and state government share powers in and when they come into conflict, the federal constitution, laws, and/or acts take precedence over state constitutions, laws and/or acts. |
| What is the significance of the United States Supremem Court's decision and ruling in the case of "Mcculloch v. Maryland (1819)" ? | The United States Supreme Court, under the leadership of Chief Justice John Marshall, in the case of "McCulloch v. Maryland (1891)", established the principle that if a state constitution, law, and/or act hampers and interferes with the "national interest", then thoses provisions that do can be declared unconstitutional by the United States Supreme Court and made null and void. |
| What is the definition of the "national interest" ? | The "national interest" is defined as "what is in the best overall interest of the entire United States of America and not just in the interest of a state or group of states. |
| What is the significance of the United States Supreme Courts decision and ruling in the cases of "Gibbons v. Ogden (1824)" ? | The United States Supreme Court, under the leadership of Chief Justice John Marshall, in the case of "Gibbons v. Ogden (1824)", established the principle that any idea and/or item that wes involved in "interstate commerce (crossing state boundaries from one state to another state) falls under the jurisdiction and regulation of the federal governemnt. Therefore, the United States Supreme Court has the power, duty, and responsibility to uphold this principle. |
| What is definition of "interstate commerce" ? | The definition of "interstate commerce" is "the transfer of any idea and/or item across state boarders from one state to another state". |
| In 1835, who replace John Marshall as the Chief Justice of the United States Supreme Court ? | Upon the death of Chief Justice of the United States Supreme Court John Marshall in 1835, President Andrew Jackson appointed Roger Taney as the new Chief Justice. |
| Historically, what is the "states' right era" of the United States Supreme Court ? | After President Andrew Jackson appointed Roger Tany as the Chief Justice of the United States Supreme Court in 1835, over the next eight (8) years, he appointed another five (5) Supreme Court Justices. These justices began to make more decisions and rulings that favored "state rights", rather than federal rights, than had the court under Cheif Justice John Marshall. That is how this period became known for the United States Supreme Court as the "states rights era".. |
| What was the significance of the "Dred Scot v. Sandford (1857) decision and ruling of the United States Supreme Court ? | The United States Supreme Court, under the leadership of Roger Taney, in the case of "Dread Scot v. Sanford (1857)", determined the following: 1) that African Americans "were not and could not" be citizens of the United States of America; 2) the Missouri Compromies (that had tried to settle the slavery question in the new Missouri territories of the United States) was unconstitutional; and, 3) the United States Congress was "powerless" to stop the spread of slavery in the United States of America. This Supreme Court decision and ruling produced a national outcry and helped to speed up the American Civil War which was to come three (3) years later, in 1861. Also, is damaged the image of the United States Suprmem Court. |
| What were the 13th, 14th, and 15th Amendments to the United States Constitution ? | As a result of the American Civil War, the 13th, 14th, and, 15th Amendments to the United State Constitution were ratified. These were know as the "Reconstruction amendments" and were named after the period that proceded the completion of the American Civil War. This period was known as the "Reconstruction Period". |
| What is the "due process clause" of the 14th Amendment to the United States Constitution ? | The "due process clause" of the 14th Amendment to the United States Constitution states that "no state may deprive a person of life, liberty, or property withour the due process of the law". Over time, the "due process clause" developed into a strong protection for all American citizens, no matter who they might be, that their basic rights, as listed and guaranteed in the United States Constitution, would be denied nor abrided. |
| What was the significance of the United States Supreme Court "Slaughterhouse Cases (1873) ? | In the "Slaughterhouse Cases of 1873, the United States Supreme Court stated that the "due process clause" of the 14th Amendment ot the United States Constitution, "did not increase the rights of an American citizen but only extended that protection to those rights, priviledges, and immunities that had their source in federal, rather than state citizenship. |
| What was the significance of the United States Supreme Court's decision and ruling in the case of "Plessy v. Ferguson (1896)" ? | The United States Supreme Court, in the case of "Plessy v. Ferguson" determined that even thought the 13th Amedment to the United States Constitution banned the slavery of African Americans, "it did not make it unconstiutional to have seperate but equal facilities" for African Americans and other Americians. This United States Supreme Court decision upheld "segeration" and helped to spur on turmoil and the eventually Civil rights movement in the United States in the mid 20th century. |
| What was the significance of the United States Supreme Court's decision and ruling in the case of "Brown v. The Board of Education (1953)" ? | The United States Supreme Court, in the case of "Brown v. the Board of Education (1953)", ruled unconstitutional the "seperate but equal" provisions for African Americans and other Americans established in the United States Supreme Court's decision and ruling in the case of "Plessy v. Ferguson (1996). Consequestly, the ruling made "segregation" to be unconstitutional and began the "intergration" of African Americans with other Americans throughout American society and its institutions. |
| What is a "litigant" ? | A "litigant" is the party or parties bringing on a law suit against another party or parties. |
| What is the "due process clause" ? | The "due process clause" is found in the Fourteenth Amendment to the United States Constitution. The "Due process clause states the following: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or properity, without due process of the law; nor deny to any person within its jurisdictionthe equal protection of the laws." |
