Unit 5 formative assessment
Name:Ryan (only) Partner (you both must submit doc to schoology): Hr:
1. Describe a check on the power of the judicial branch by:
a. Congress ____can declare laws or presidential actions unconstitutional by
review_______________________________________________
b. Executive-selects federal justices with senate
approval___________________________________
2. What is the total number of Justices on the Supreme Court? _____9___
3. Name 3 ways a Justice leaves the SCOTUS (Supreme Court of the United
States):
a. _______die___________________________________________
b. ______quit____________________________________________
c. ________impeach______________________________________
4. Who is our current Chief Justice of SCOTUS? __John Roberts________
5. What is the court of original jurisdiction for the federal court system?
___________US district courts________________________________
6. At what level are most trials (about 98%) in the US held? ______state court
system-level of federal courts and other entities outside of the judicial branch
7. What’s the difference in the level of proof between “beyond a reasonable doubt”
and “a preponderance of the evidence”?
-A preponderance of the evidence is when they have more evidence in their favor
-Beyond a reasonable doubt is when they don’t have logical explanation from the
facts they were given so they will overcome the presumption that a person is
innocent until proven guilty.
8. Which level of proof is used for:
a. Criminal court _____beyond a reasonable doubt______
b. Civil court ___preponderance of the evidence____________________
9. What is the objective of a Civil trial?
-The plaintiff or the party bringing the charges will usually seek damages from
the defendant or the part accused of causing the harm.
-damages are usually in the form of monetary award
-decisions are determined by a preponderance of the evidence
-a crime hasn’t be committed
10. What is the objective of a Criminal trial? -criminal trial involves crimes committed
against public order as defined by federal, state, or local
statues_____________________________________
11. Why is “precedence” so important to the judicial system? __It is a model on
which to base later decisions on -judges based their rulings as close and
consistent as possible with the decisions before.
12. What does “stare decisis” mean: -principle stating “let the decision stand”-a ruling
with the earlier case that set precedent______________
13. Explain the different types of jurisdiction:
a. Original-is the first court to hear the case-a trial court_________
b. Appellate-a court hearing an appealed decision _____________
c. Concurrent -both federal and state courts can hear the
case__________________
14. Explain the different types of opinions:
a. Majority- the court ruling, simple majority decides
b. Dissenting-justices write-up on why they do not agree with the majoirty
opinion
c. Concurring-justices write-up on why they agree with decision but for
different reasons then the majority opinion
15. What does the “Rule of Four” mean? -it means 4 of 9 justices needed to grant
“cert” or agree to review a case_________________
16. Explain the difference between an “activist” court and a “restraining” court:
-activist court is the power of judicial review to set aside government acts and
restraint is the refusal to strike down such acts leaving the issue to ordinary
politics_____________________
17. What does it mean to be “indicted”? _you are formally accused of committing a
crime or felony_______________________________
18. Who would indict you?_________the grand jury ____________
19. What is a “Writ of Certiorari”? _-it’s an application for court to hear
cases______________________
20. Under which article of the Constitution would you find the judicial branch?
________________article III______________________________
21. What is Judicial Review and what ruling established it? _-Supreme Courts’
authority to review acts of Congress & declare laws unconstitutional -Marbury v.
Madison, 1803______________________________________________
22. Does the SCOTUS care whether or not a person is “guilty”? Why or why not? - -I
don’t think they care as long as it has enough evidence and it is according to the
law-making sure laws are followed and not broken in between.
