Chapter 12 The Federal Courts – Flashcards
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What is the main function of the chief justice of the Supreme Court?
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The chief justice presides over the Court's public sessions and private conferences.
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If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied ________
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the due process of law
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Which of the following statements best describes the Supreme Court?
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The Justice has broad latitude to decide which cases it will hear and generally listens only those cases it deems to raise the most important issues.
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There are ________ circuits in the United States Court of Appeals.
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13
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There are approximately ________ federal district court judges in the United States.
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679
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Prisoners who are challenging their convictions are most likely to seek a writ of ________.
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habeas corpus
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What was known as the "court packing" plan?
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the attempt by President Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
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About ________ percent of all lower court cases are reviewed by federal appeals courts.
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1
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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
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A certiorari pool describes the
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practice by which Supreme Court law clerks work together to evaluate each petition.
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How many justices currently serve on the Supreme Court?
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9
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The assignment of the opinion in a Supreme Court case is
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important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation
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Activist judges believe that federal judges should
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go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.
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Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?
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the solicitor general
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Each Supreme Court justice is assigned ________ law clerks.
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4
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Normally, ________ judge(s) hear(s) a specific case on a federal circuit court of appeals.
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3
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Which of the following statements about the U.S. Courts of Appeals is INCORRECT?
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They are able to hear all cases involving federal law, but not constitutional law
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The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
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stare decisis
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The phrase stare decisis means
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let the decision stand
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hrough the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional
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judicial review
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A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.
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amicus curiae
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When interest groups involved in litigation pursue a "pattern of cases" strategy, they are
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bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review.
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Prior cases whose principles are used by judges to decide current cases are called ________.
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precedents
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The jurisdiction of each federal court is derived from ________.
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the constitution and federal law
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A writ of habeas corpus declares that
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the government must show a legal cause for holding someone in detention.
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In most circumstances, a supreme court is best described as a(n) ________ court.
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appellate
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The Supreme Court's power to review acts of Congress has not been seriously questioned because
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the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years.
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The power of the Supreme Court to review state actions and legislation comes from ________.
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Marbury v. Madison
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Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?
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she supported affirmative action
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About ________ percent of all cases in the United States are heard in state courts
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99
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What did the justices rule in Hamdi v. Rumsfeld (2004)?
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Hamdi was entitled to a lawyer and an opportunity to rebut the government's charges against him.
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What is the significance of dissenting opinions?
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Dissents are signs that the Court is in disagreement on an issue and could change its ruling.
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The assignment of the opinion in a Supreme Court case is
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important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation
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In recent years, federal court appointments have
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been characterized by intense partisan and ideological efforts to support or defeat the candidate.
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Under normal rules of oral argument, each lawyer has ________ to present his or her case before the Supreme Court.
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30 minutes
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________ is an example of a justice who advocated judicial restraint.
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felix frankfurter
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In what type of law is the government always the plaintiff?
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criminal law
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