question

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.

answer

amicus curiae

question

A "certiorari pool" describes the

answer

practice by which Supreme Court law clerks work together to evaluate each petition.

question

The issue of employer liability for employee injuries sustained at work illustrates that

answer

there are certain areas of law that courts are not allowed to rule on. many areas of civil law have been constructed by judicial messages to other judges rather than by laws passed by legislatures. individuals need not have standing to sue in federal court.

question

In which type of case does the supreme court have original jurisdiction

answer

any case involving an ambassador

question

Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?

answer

the solicitor general

question

The Court's power to review acts of Congress has not been seriously questioned because

answer

the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years

question

The phrase stare decisis means

answer

"let the decision stand."

question

When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion.

answer

a per curiam

question

Prior cases whose principles are used by judges to decide current cases are called

answer

precedents.

question

Each supreme court justice is assigned clerks

answer

4

question

The number of cases filed in the supreme court has

answer

increased dramatically since 1940. decreased dramatically since 1940. remained the same since 1940. decreased between 1940 and 1965 but increased since 1965.

question

There are ___ U.S district courts

answer

94

question

Trial courts in the federal judicial system are called

answer

district courts.

question

The requirement of standing means that parties in a case must

answer

have a concrete injury or interest at stake

question

Which of the following best describes the role of the solicitor general?

answer

the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party

question

Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

answer

judicial review

question

What was known as the court-packing plan?

answer

the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional

question

What is common law

answer

law made by judges through their decisions, not though specific statutes

question

Each of the following has been a method by which the federal courts have expanded their power, except

answer

narrowing the discretionary authority of the president over foreign affairs and diplomacy

question

In 2009 president obama's first appointment to the us supreme court was

answer

John Roberts. Sonia Sotomayor. Anthony Kennedy.

question

What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?

answer

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.

question

Why has partisan conflict surrounded federal judicial appointments in recent years?

answer

The federal courts play an important role in shaping American law and politics

question

What is the significance of dissenting opinions?

answer

Dissents are signs that the Court is in disagreement on an issue and could change its ruling.

question

Which of the following is part of the Miranda rule?

answer

Arrested people have a right to remain silent.

question

Why is the Supreme Court case of Marbury v. Madison important?

answer

In this case, the Court authorized itself to exercise judicial review over laws passed by Congress.

question

Which of the following statements about federal courts is most accurate?

answer

Although the federal courts hear only a small fraction of all the civil and criminal cases decided each year in the united states, their decisions are extremely important because they interpret the constitution and the federal laws that govern all americans.

question

What was the Supreme Court's ruling in 1948 regarding restrictive covenants?

answer

Individuals had the right to discriminate in private contracts, but courts could not enforce these contracts.

question

Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.

answer

Thirty minutes

question

A writ of habeas corpus declares that

answer

the government must show a legal cause for holding someone in detention.

question

If someone is an advocate of judicial restraint, he or she believes

answer

in looking only at the words of the Constitution in order to understand its meaning.

question

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

answer

reviewing requests for stays of execution

question

Cases between two or more states are originally heard by

answer

the Supreme Court.

question

A single lawsuit involving thousands of smokers suing a tobacco company would be a good example of

answer

a class action suit.

question

Activist judges believe that the courts should

answer

go beyond the words of a constitution or statute to consider the broader societal implications of its decisions.

question

If an individual is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied the

answer

due process of law

question

When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)

answer

concurrence

question

Which of the following statements about Congress's delegation of power to the executive is most accurate?

answer

Since the New Deal, the courts have not struck down any congressional delegation of power to the executive branch as impermissibly broad. Since the New Deal, the courts have frequently struck down congressional attempts to delegate powers to the executive branch as impermissibly broad.

question

When a case is resolved through a negotiated agreement before a full trial is completed, it is called

answer

a plea bargain.

question

Which of the following statements best describes the composition of the federal judiciary?

answer

There are far fewer women than men and far fewer Hispanics than African Americans.

question

What did the framers call the "least dangerous branch"?

answer

the Supreme Court

question

When interest groups involved in litigation pursue a pattern-of-cases strategy, they are

answer

bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review.

question

Which of the following is the essence of the rule of law?

answer

Every state must judge government officials by the same laws as its citizens are judged.

question

In what type of law is the government always the plaintiff?

answer

criminal law

question

The increase of administrative agencies since the New Deal has resulted in a(n)

answer

delegation of power by Congress to administrative agencies.

question

What is the Uniform Commercial Code?

answer

a federal law establishing common practices in each state regarding commercial affairs a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions in contract law cases judicial guidelines established by the Supreme Court explaining the meaning of federal economic regulations a set of federal codes establishing common practices in each state regarding international commercial affairs

question

Cases such as Brandenburg v. Ohio, Loving v. Virginia, and Griswold v. Connecticut illustrate that

answer

the Supreme Court has the authority to overturn state statutes that contravene rights and privileges guaranteed under the Constitution.

question

In what year was Marbury v. Madison decided?

answer

1803

question

Most cases reach the Supreme Court through the

answer

writ of certiorari.

question

Approximately what percentage of all court cases in the United States are heard in federal courts?

answer

1%

question

The area of authority possessed by a court, in terms of either subject area or geography, is called its

answer

jurisdiction.

question

Why was the Supreme Court's decision in Ricci v. DeStefano important?

answer

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.

question

The case Baker v. Carr concerns

answer

apportionment of legislative seats.

question

Which of the following statements best describes the Supreme Court?

answer

The Court has limited discretion to decide which cases it will hear and it is forced to hear many cases that address only narrow, technical issues of federal law. The Court has limited discretion to decide which cases it will hear, and it is forced to hear only those cases that raise the most important issues of federal law. The Court has broad latitude to decide which cases it will hear and generally hears only those cases it deems to raise the most important issues. The Court has broad latitude to decide which cases it will hear and generally avoids those cases that it deems to raise the most important issues

question

The power of the Supreme Court to review state actions and legislation comes from

answer

Marbury v. Madison.

question

The written document in which attorneys explain why the court should rule in favor of their client is called a(n)

answer

brief

question

The size of the U.S. Supreme Court is set by

answer

Congress

question

The doctrine of ______ requires courts to follow authoritative prior decisions when ruling on a case.

answer

stare decisis

question

Andrew Jackson reputedly said, "John Marshall has made his decision, now let him enforce it." What did he mean by this statement?

answer

The Supreme Court is unable to enforce its decisions without the aid of the executive branch.

question

If a private individual brought a suit against a corporation for breaking a contract, what kind of law would this involve?

answer

civil

question

In recent years, federal court appointments have

answer

been characterized by intense partisan and ideological efforts to support or defeat the candidate.

question

Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?

answer

She supported affirmative action.

question

In Roe v. Wade, the Supreme Court was required to rule on the issue of ______, due to the fact that the pregnancy had already come to term.

answer

mootness

question

Senatorial courtesy describes the practice of

answer

permitting senators to officially swear in home-state district court judges. allowing senators to nominate members to the federal judiciary. senators from a president's party approving of a judicial nominee from their home state. including home-state senators in the formal vetting of district and circuit court judges.

question

Which of the following was not a case involving the Supreme Court overturning a state law?

answer

Marbury v. Madison Brown v. Board of Education Griswold v. Connecticut Brandenburg v. Ohio

question

All of the following are part of the official jurisdiction of the federal courts except

answer

treaties with other nations. cases involving the U.S. Constitution. cases involving citizens from the same state. any case in which the U.S. government is party.

question

In most circumstances, a supreme court is best described as a(n) ______ court.

answer

trial advisory appellate elected

question

What is the main function of the chief justice of the Supreme Court?

answer

The chief justice decides what cases will be heard by the full Court each term. The chief justice presides over the Court's public sessions and private conferences. The chief justice is also the constitutional adviser to the president. The chief justice is the constitutional adviser to Congress.

question

Original jurisdiction refers to

answer

the Constitution as the supreme law of the land. the court with the authority to hear a case first. the highest court with the power to overrule other courts. the president's power to appoint federal judges.

question

Which of the following is not a traditional limitation on the power of the federal courts?

answer

strict rules of standing the ability of Congress to reduce federal judges' salaries the inability of the courts to offer relief to whole classes of people the inability of the courts to act on their own initiative

question

Which of the following is not a specialized "legislative court" created by Congress?

answer

the Court of International Trade the Court of Federal Claims the Court of Federal Territories the Court of Military Appeals

question

Which of the following kinds of cases are not likely to be accepted by the Supreme Court?

answer

Cases in which the federal government is an appellant. Cases that address state laws but that do not raise constitutional issues. Cases that involve conflicting decisions by federal circuit courts. Cases that raise important questions about civil liberties.

question

The assignment of the opinion in a Supreme Court case is

answer

unimportant because the final vote of the justices is the only statement that carries any weight in future cases. important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation. unimportant because all justices usually describe their decisions in exactly the same way. important because every word of a decision is legally binding.

Federal Govt Chapter 15 Notes – Flashcards

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