Chapter 9 Koger – Flashcards

How many justices must agree that there are special and compelling reasons to grant a writ of certiorari in a particular case? seven five nine four

Who is the top government lawyer in cases before the Supreme Court? attorney general chief counsel secretary of the judiciary solicitor general

Which of the following best explains why Harriet Miers, George W. Bush's first choice to replace Sandra Day O'Connor, failed to win confirmation? Democrats blocked the nomination in the Senate judiciary committee. Liberal groups objected. A personal scandal was uncovered. There was vocal opposition from within the Republican Party.

Which of the following is NOT a role played by the Court as a political institution? coordination dispute resolution moderator of political discourse rule interpretation

All of the following are true of law clerks EXCEPT that they file forma pauperis petitions. are assigned to Supreme Court justices to conduct legal research. assist justices in the preparation of judicial opinions. help screen the thousands of petitions for writs of certiorari.

The court system coordinates private behavior by interpreting the actions of others settling disputes between individuals providing incentives and disincentives for specific actions checking legislative and executive authority

The practice whereby the president checks with the home state's senators before nominating a judge is known as senatorial courtesy. political correctness. pork-barrel politics. coordination.

Decisions written by justices who voted in the minority in a particular case are special concurrences. regular concurrences. dissenting opinions. writs of certiorari.

Public law describes all of the following EXCEPT cases in which the power of government or the rights of citizens are involved. administrative law. constitutional law. cases involving disputes between individuals where no criminal violation is charged.

Which of the following were NOT part of the institutional changes fundamentally expanding the power of the courts in the 1960s and 1970s? broadening the scope of remedies through class-action cases liberalizing the concept of standing courts gaining greater control over their dockets employing structural remedies

Who is the current Chief Justice of the United States and the chief judge of the Supreme Court? Clarence Thomas John Roberts Sandra Day O'Connor William Rehnquist

Which part of the Constitution is used to justify judicial review of state actions? Tenth Amendment establishment clause supremacy clause elastic clause

The Administrative Procedures Act of 1946 did all of the following EXCEPT require federal agencies to notify parties likely to be affected by proposed administrative rules. set up requirements that must be followed if the federal judiciary is to uphold the constitutionality of administrative rules. increase executive power to such a degree that the Supreme Court ruled it to be an impermissibly broad delegation of power. allow for a comment period on proposed federal rules before they go into effect.

In which of the following cases did the Supreme Court hold that the Bush administration's military commissions violated the Uniform Code of Military Justice and the Geneva Conventions? Smith v. Jones Wilson v. Cheney Morse v. Frederick Hamdan v. Rumsfeld

Decisions made by federal appeals courts are final EXCEPT in civil cases, when the decision may be rescinded by state courts. when they are heard "en banc." when the case is selected for review by the Supreme Court. in public law cases, when the parties may choose to enter arbitration.

What helped spark Franklin Delano Roosevelt's attempt to "pack" the Court with additional justices? the Court's "attacks" on the New Deal, declaring parts unconstitutional too many vacancies on the Supreme Court his desire to have popularly elected justices Congress's decision to expand the Court by three justices

Once it has made a decision, the Supreme Court relies on all of the following to implement its decisions EXCEPT the executive branch. state governments. judicial enforcement officers. lower courts.

The requirement that, in order to initiate a court case, parties must be able to show that they have a substantial stake in the outcome is called certiorari. class action. standing. rightful petition.

What type of law is enacted to protect public health, safety, morals, or welfare? common law criminal law civil law public law

Lawsuits in which large numbers of litigants join together in a single suit are known as illegal. class action. moot. per curiam.

The writing of the majority opinion in a case is assigned by the chief justice, if he is in the majority, and otherwise by majority vote among those justices in the majority. the deputy chief justice. the most senior justice in the majority. majority vote of the nine justices.

When judges match the facts of a specific case to judicial principles and statutory guidelines, they are engaging in coordination. dispute resolution. rule interpretation. gatekeeping.

Amicus curiae briefs are sometimes submitted by interest groups. never submitted by the solicitor general. used to compel recusal by judges whose friends are litigants. only submitted at the request of the Court.

Which of the following cases established judicial review? Palko v. Connecticut Barron v. Baltimore Marbury v. Madison McCulloch v. Maryland

When courts refer to and follow prior court decisions to render decisions on a current case they are following the principle of referral. engaging in oversight. applying the doctrine of stare decisis. acting in an appellate fashion.