Chapter 12 Pre-Test and Post Test Questions – Flashcards
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What is a writ of habeas corpus?
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a court order that an individual in custody be brought into court and shown the cause for detention.
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Most criminal cases
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are taken to trial in state courts
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Jurisdiction refers to
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a court's area of authority.
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In courts that have appellate jurisdiction, judges
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receive cases after the factual record is established by the trial court.
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The Court's legal power to review acts of Congress has not been seriously questioned since 1803 in part because
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the Supreme Court tries to give acts of Congress an interpretation that will make them constitutional.
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The two most common types of civil cases involve torts and
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contracts.
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There are ______ U.S. Court of Appeals judicial districts (circuits).
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13
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In general, the chief justice
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assigns who writes the opinion if he's on the majority side
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Judicial review refers to the
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power of the judiciary to examine the constitutionality of state and federal laws.
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To win Senate confirmation, judicial nominees usually need to
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have support from the senators from the nominee's state
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Which of the following occurs during the "conference" phase of a Supreme Court case?
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decision by majority vote
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Which of the following is a constitutional requirement for being a Supreme Court Justice?
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There are no constitutional requirements for serving on the Supreme Court.
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In the 2008 case of Boumediene v. Bush, the Supreme Court ruled that Guantanamo prisoners had
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the right to habeas corpus.
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The party who brings a case against a defendant in criminal and civil courts is referred to as the
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plaintiff.
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The member of the justice department who screens all appeals to the Supreme Court for the U.S. government is the
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solicitor general.
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What are legal precedents?
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prior cases whose principles are used by judges as the basis for their decision in a present case
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Justices who agree with the majority decision but disagree with the legal reasoning will likely file a(n)
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concurring opinion.
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Dr. Jane Doe delivered a baby in a hospital while intoxicated. The baby died during delivery, and the parents sued the doctor. What kind of case is that?
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tort case
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In 2013, the Senate voted 52-48 to end the use of the filibuster against
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all executive branch and judicial nominees except those to the Supreme Court.
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U.S. circuit court decisions are usually made by
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a panel of three judges.
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If the Supreme Court grants a case a writ of certiorari, it has
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accepted and will hear the case.
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The supremacy clause of Article VI of the Constitution implies that
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the Supreme Court may review the constitutionality of state laws.
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The Constitution gives the Supreme Court ____ jurisdiction in cases involving foreign ambassadors and issues in which a state is a party.
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original
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A negotiated agreement in a criminal case in which a defendant agrees to tell the court that he or she is guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing is known as a
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plea bargain.
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What is the name for the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination?
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senatorial courtesy
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Because the Supreme Court has so much influence over American law and politics, virtually all presidents have made an effort to select justices who
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share their political philosophies.
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Strict constructionists" tend to argue that the Supreme Court
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should narrowly interpret the Constitution.
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Stare decisis is a Latin phrase that means
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let the decision stand.
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In ____ cases, the government is always the plaintiff.
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criminal
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U.S. district court decisions are mostly made by
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a single federal judge.
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Known as "the Great Writ," ____ is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.
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habeas corpus
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How can the solicitor general enter a Supreme Court case even when the federal government is not a direct litigant?
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by writing an amicus curiae brief
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Justices who disagree with the majority decision of the Court may choose to publicize the character of their disagreement in the form of a
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dissenting opinion.
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What entity chooses or specifies how many justices serve on the Supreme Court?
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Congress
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What is the next step in the process after the Supreme Court accepts a case?
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preparation of different briefs
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Why does the solicitor general have such a strong influence on the Supreme Court?
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The solicitor general screens most cases being appealed by agencies of the federal government and only lets some cases advance
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In what kind of case does the plaintiff charge that it has suffered because of another's violation of a specific agreement between the two?
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contract
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Which of the following cases involved the "right to privacy"?
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Griswold v. Connecticut
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What is the term for a court's sphere of power and authority?
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jurisdiction
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Opinion assignment is an important power of the ____ when he or she is in the majority.
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chief justice