The development of an
independent and powerful
federal judiciary
Explain how the power of judicial review was
established. (Pages 490–494)
Summary
The Constitution offers few specifics on the organization of the
judiciary, in contrast to other branches of government. In fact,
most of the details on the arrangement of the judiciary do not
come from the Constitution at all, but from congressional action. In
addition, the Supreme Court’s strongest power—judicial review—
is not even mentioned in the Constitution but was established in
the Marbury v. Madison decision.
Key terms
original jurisdiction (p. 491)
Judiciary Act of 1789 (p. 491)
district courts (p. 491)
appellate jurisdiction (p. 491)
judicial review (p. 492)
constitutional interpretation
(p. 493)
statutory interpretation
(p. 493)
Practice Quiz Questions
- Most of the details about the Supreme Court were
established in.
a the Judiciary Act of 1789
b Article I of the Constitution
c Article II of the Constitution
d the Federalist Papers
e Marbury v. Madison - Marbury v. Madison is significant because it.
a established the Supreme Court
b introduced the process of selective incorporation
c changed the manner of judicial selection
d established judicial review
e gave Supreme Court justices lifetime appointments
3. Judicial review enables the Supreme Court to.
a submit legislation to Congress
b strike down laws passed by Congress
c revise laws passed by Congress
d oversee presidential appointments to the bureaucracy
e approve judicial appointments to lower courts
4. The Court’s application of national and state laws to particular
cases is called.
a constitutional interpretation
b judicial restraint
c judicial activism
d original jurisdiction
e statutory interpretation
The American legal and
judicial system
Outline the structure of the court system. (Pages 494–505)
Summary
All courts within the United States have a similar set of fundamental
attributes, such as the distinction between civil and criminal cases and
the reliance on legal precedent. The judicial system is divided between
state and federal courts, and within each level of government there are
courts of original jurisdiction and appeals courts.
Key terms
plaintiff (p. 494)
defendant (p. 494)
plea bargaining (p. 495)
class-action lawsuit (p. 495)
common law (p. 496)
precedent (p. 496)
standing (p. 496)
jurisdiction (p. 496)
appeals courts (p. 497)
senatorial courtesy (p. 503)
Practice Quiz Questions
- A system of relies on legal decisions that are built
from precedent established in previous cases.
a common law
b civil law
c statutory law
d stare decisis
e plea bargaining - When one has suffered direct and personal harm from the
action addressed in a case, it is called.
a precedent
b appellant
c plea bargaining
d jurisdiction
e standing
Study Guide
Study guide 527
Full_15_APT_64431_ch14_488-529.indd 527 16/11/18 1:47 PM