Chapt 15 – Flashcards
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1. In what type of law is the government always the plaintiff?
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criminal law (603)
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2. If a private individual brought a suit against a corporation for breaking a contract, what kind of law would this
involve?
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civil law (604)
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3. When a case is resolved through a negotiated agreement before a full trial is completed, it is called
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plea bargain (605)
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4. Describe what legislative courts do.
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US court of appeals for federal circuit, US court of appeals for veteran claims, US court of military appeals (court martial) (606)
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5. What are parts of the official jurisdiction of the federal courts?
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treaties with other nations.
federal statutes.
cases involving the U.S. Constitution.
(607)
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6. What does a writ of habeas corpus declare?
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the individual in custody be brought to court and shown the cause for detention (607)
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7. If an individual is arrested because their home was searched by police without a legal warrant, they could
argue in court that they had been denied this.
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due process of law (607)
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8. Prisoners who are challenging their conviction are most likely to file a writ of ________________.
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habeas corpus (607)
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9. Original jurisdiction refers to
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the authority to initially consider a case (608).
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10. What is the main function of the Chief Justice of the Supreme Court?
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presides over the Court's public sessions and whose official title is the chief justice of the US (609)
decides what cases will be heard by the full Court each term
presides over the Court's public sessions and private conferences
constitutional adviser to the president and Congress
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11. What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?
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reviewing requests for stays of execution (death penalty)
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12. What was known as the court-packing plan?
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the attempt by Franklin D. Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
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13. Why has partisan conflict surrounded federal judicial appointments in recent years?
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The federal courts play an important role in shaping American law and politics
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14. What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial
review?
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It is the duty of the courts to say what the law is, therefore it is necessary for the courts to interpret and expound upon the law.
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15. Why is the Supreme Court case of Marbury v. Madison important?
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In this case, the Court authorized itself to exercise judicial review over laws passed by Congress.
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16. Which of the following was not a case involving the Supreme Court overturning a state law?
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marbury v madison
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17. The increase of administrative agencies since the New Deal has resulted in this.
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Delegation of power by Congress to administrative agencies
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18. Which of the following was not part of the Supreme Court's ruling in Hamdi v. Rumsfeld?
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All persons accused of being terrorists had the right to a lawyer.
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19. The case Baker v. Carr concerns this.
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Apportionment of legislative seats
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20. Why was the Supreme Court's decision in Ricci v. DeStefano important?
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It held that, in order to seek damages, employees must show that employment tests for promotion are clearly defective, rather than that they produce unequal outcomes based on race or gender.
