Ch 14 poli sci – Flashcards
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The great majority of America's judicial business is transacted in:
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state courts of original jurisdiction
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One of the differences between criminal law ; civil law is that in civil law:
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there is no charge that a law has been violated
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Not everyone can challenge a law. Litigants must have what is called ___, meaning that they must have a serious personal stake in the case, typically determined by whether or not they have sustained or are in danger of an injury.
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standing to sue
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The constitution specifically provided that there would be a supreme court:
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but left it to the discretion of congress to establish lower federal courts of general jurisdiction
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Courts of original jurisdiction are
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trial courts
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An important player at the district court level in each district is the ___, nominated by the president and confirmed by the senate. He or she serves at the discretion of the president.
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United States attorney
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Which of the following statements about the selection of Supreme court justices is FALSE?
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Senators play a greater role in the recruitment of supreme court justices than in the selection of lower court judges.
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Senators have dominated the selection of judges for the federal district courts through:
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the custom of senatorial courtesy
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The first woman appointed to the US supreme court was:
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Sandra Day O'Connor
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The first African american to serve on the supreme court, who had been the NAACP's lead attorney in brown v. board of education, was:
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Thurgood Marshall
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A writ of certiorari:
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is used by the supreme court to call up a case
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The ___ is a presidential appointee who is in charge of the appellate court litigation of the federal government, works out of the Department of Justice, and can have an important influence on the Supreme Court.
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Solicitor General
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Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ___ briefs, raising points of view and presenting information that they hope will influence the Supreme Court's decision
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amicus curiae briefs
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Stare decisis means that cases are:
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decided on the basis of precedent
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Judicial review means:
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the right of the courts to determine whether executive or legislative acts are or are not constitutional
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A per curiam decision is a
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decision without explanation
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The proposal to add justices to the supreme court, known as the "court packing plan" to critics, was made by President ___ who wanted to be able to appoint justices more sympathetic to his philosophy than the "nine old men"
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Franklin Roosevelt
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One of the most active Supreme courts in shaping public policy in areas of desegregation and the rights of the accused was the
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Warren Court
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Democratic theorists criticize the courts on the grounds that they are
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not representative of the people or majority public opinion
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When a higher court hears a case that has previously been decided at a lower level, it is using its authority of:
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appellate jurisdiction
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Most cases reach the US Supreme Court through:
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the appellate jurisdiction of the court & granting a writ of certiorari (A & B only)
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The US Supreme Court makes its decisions:
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in judicial conference
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Justices on the losing side can write which type of opinion?
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Dissent
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Which one of the following is not part of the federal judicial system?
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State Supreme Court
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When a brief is filed by a group that is not a party to a case but the group wants it's concern included in the case's outcome, the brief is called:
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amicus curiae
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When nominating a justice to the US supreme court, presidents
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select a nominee who shares their judicial philosophy
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Using judicial precedent means:
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a court's decision on a case should be consistent w/ previous rulings
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A court exercising judicial restraint would most likely:
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defer to the judgement of legislatures ; other elected officials, ; respect precedent. (1; 2)
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The doctrine of judicial activism would suggest that the supreme court:
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should interpret the law to protect rights of individuals to achieve social justice ; protect people from unreasonable government interference in their lives (3; 4)
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A concurring opinion:
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is delivered when a justice agrees with the majority's decision, but for different reasons.
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The federal district courts are:
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all of the above
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US Courts of appeal:
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review decisions from district courts.
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The US court of military appeals is an example of what kind of federal court?
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special US courts
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The US court of military appeals is an example of what kind of federal court?
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special US courts
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The US court of military appeals is an example of what kind of federal court?
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special US courts