question

1) The great majority of America?s judicial business is transacted in

answer

A) state courts of original jurisdiction.

question

2) Which of the following statements about the courts is FALSE?

answer

B) Most of American judicial policy is made in the Supreme Court.

question

True Facts about the judicial system

answer

A) Supreme Court decisions may directly shape people?s lives. C) The great bulk of American legal business is transacted in the less-noticed courts. D) The Supreme Court decides a handful of key issues each year. E) The judicial system in the U.S. is, at least in principle, an adversarial one.

question

3) One of the differences between criminal law and civil law is that in civil law

answer

A) there is no charge that a law has been violated.

question

4) Litigants are

answer

B) the plaintiff and the defendant.

question

5) Not everyone can challenge a law. Litigants must have what is called ________, meaning that they must have a serious personal stake in the case, typically determined by whether or not they have sustained or are in danger of an injury.

answer

A) standing to sue

question

6) Class action suits

answer

C) permit a small number of people to sue on behalf of all other people similarly situated.

question

7) Courts may only decide ________ disputes.

answer

C) justiciable

question

8) Standing to sue is determined by

answer

D) whether or not the litigants have a serious interest in a case.

question

9) Merely being a taxpayer and being opposed to a law does not provide the standing necessary to challenge that law in court except in cases pertaining to

answer

B) governmental support for religion.

question

10) Class action suits

answer

A) permit a small number of people to sue on behalf of all other people similarly situated.

question

11) One constraint on federal courts is that they may decide only

answer

C) justiciable disputes.

question

12) All of the following are examples of standing to sue EXCEPT

answer

C) raising a political question.

question

Examples of standing to sue

answer

A) having sustained a direct injury from another party. B) serious interest in the case. D) having sustained a direct injury from the government. E) being a member of a class

question

13) The Constitution specifically provided that there would be a Supreme Court,

answer

C) but left it to the discretion of Congress to establish lower federal courts of general jurisdiction.

question

14) Lower federal courts of general jurisdiction were established by

answer

B) the Judiciary Act of 1789.

question

15) Courts with ________ hear cases brought to them on appeal from a lower court.

answer

E) appellate jurisdiction

question

16) A legislative court is

answer

C) staffed by judges who lack the protections against removal or salary reductions while in office.

question

17) The entry point for most litigation in the federal courts is in one of the ________ courts.

answer

B) district

question

18) There are ________ federal district courts

answer

D) 91

question

19) Courts of original jurisdiction are

answer

B) trial courts

question

20) Courts with appellate jurisdiction

answer

B) review the legal issues involved in a case.

question

21) The Court of Claims is a

answer

C) legislative court.

question

22) Which one of the following is NOT true about the federal district courts?

answer

D) they hear appeals from municipal, county, and state courts

question

Truths about District Courts' Jurisdiction

answer

A) supervision of bankruptcy proceedings B) supervision of the naturalization of aliens C) admiralty and maritime law cases E) civil suits under federal law

question

24) The only federal courts in which trials are held, and in which juries may be impaneled, are the

answer

D) district courts.

question

25) About 98 percent of all criminal cases in the United States are heard in

answer

C) state and local court systems.

question

26) An important player at the district court level in each district is the ________, nominated by the president and confirmed by the Senate. He or she serves at the discretion of the president.

answer

D) United States attorney

question

27) Most criminal and civil cases

answer

B) never reach trial, but are settled out of court.

question

28) The vast majority of all civil and criminal cases

answer

A) begin and end in state courts

question

29) Federal magistrates perform each of the following functions EXCEPT

answer

D) prosecute violations of federal law.

question

Functions of the federal magistrate

answer

A) preside over some trials. B) issue warrants for arrest. C) hear motions subject to review.

question

30) The United States government is represented in civil cases in district courts by a

answer

D) United States attorney.

question

31) About 75 percent of the more than 63,000 cases heard in the United States courts of appeal come from

answer

D) the district courts.

question

32) The jurisdiction of the district courts extends to each of the following EXCEPT

answer

C) appeals from state courts.

question

Jurisdiction of District Courts

answer

A) federal crimes. B) supervision of bankruptcy proceedings. D) admiralty and maritime law cases. E) federal civil suits.

question

33) Which of the following is NOT true about the United States courts of appeal?

answer

C) Their decisions are final and cannot be appealed to the Supreme Court.

question

34) For handling cases at the courts of appeal level, the United States is divided into ________ judicial circuits, including one for the District of Columbia.

answer

C) 12

question

Truths about the court of appeals

answer

A) They hold no actual trials, hear no testimony, and do not impanel juries. B) Their focus is on correcting errors of procedure and law that occurred in the original proceedings of the case. D) Their decisions set precedent for all the courts and agencies within their jurisdiction.

question

35) Each court of appeals normally hears cases in panels consisting of ________ judges.

answer

E) 3

question

36) The United States Court of Appeals for the Federal Circuit

answer

E) consists of judges who hear appeals in specialized cases such as those regarding patents, copyrights, etc.

question

37) Appeals regarding patents would be heard by

answer

A) the United States Court of Appeals for the Federal Circuit.

question

38) The Supreme Court consists of the chief justice and ________ associate justices

answer

A) eight

question

39) The functions of the Supreme Court include each of the following EXCEPT

answer

C) reviewing the evidence in cases involving crimes committed by public officials.

question

Functions of the Supreme Court

answer

A) maintaining national supremacy in the law. B) resolving conflicts among the states. D) ensuring uniformity in the interpretation of national laws. E) rule on cases accepted from lower courts.

question

40) The size of the Supreme Court has remained the same since

answer

E) President Ulysses S. Grant took office in 1869.

question

41) The United States Supreme Court?s jurisdiction includes

answer

A) appellate jurisdiction from both state and federal courts.

question

42) Most decisions handed down by the Supreme Court are cases involving

answer

D) appeals from lower federal courts.

question

43) Most cases heard by the Supreme Court come from

answer

D) civil actions from lower federal courts.

question

44) Which of the following statements about federal judges is FALSE?

answer

D) Only seven Supreme Court justices have ever been removed from office.

question

Truths about federal judges

answer

A) All federal judges are nominated by the president and confirmed by a majority of the Senate. B) Federal judges may be removed from office only by conviction of impeachment. C) Members of the federal judiciary can not have their salaries reduced.

question

45) The customary manner in which the Senate disposes of federal judicial nominations in one state is through

answer

B) senatorial courtesy.

question

46) Senators have dominated the selection of judges for the federal district courts through

answer

D) the custom of senatorial courtesy.

question

47) Which of the following statements about senatorial courtesy is FALSE?

answer

C) To invoke senatorial courtesy, the relevant senator must provide documented evidence why the nominee is not fit for office.

question

Truth about senatorial courtesy

answer

A) When there is a vacancy for a federal judgeship, the relevant senator will suggest one or more names to the Attorney General and the president. B) Presidents usually check carefully with the relevant senator ahead of time so that they will avoid making a nomination that will fail to be confirmed. D) Federal judicial nominations are not confirmed when opposed by a senator of the president?s party from the state in which the nominee is to serve.

question

48) Which of the following statements about judicial selection in the lower courts is FALSE?

answer

D) Candidates for judicial nomination rarely campaign for the positions themselves.

question

Truths about judicial selection in lower courts

answer

A) The president usually has more influence in the selection of judges to the federal courts of appeal than to federal district courts. B) Sitting judges may be asked to evaluate prospective judicial nominees. C) The Department of Justice and the Federal Bureau of Investigation conduct competency and background checks on prospective judicial nominees.

question

49) Which of the following statements about the selection of Supreme Court justices is FALSE?

answer

B) Senators play a greater role in the recruitment of Supreme Court justices than in the selection of lower court judges.

question

Truths about Supreme Court justices

answer

A) The president usually relies on the Attorney General and the Department of Justice to identify and screen candidates for the Court. C) The president usually operates under fewer constraints in nominating members to the Supreme Court than to the lower courts. D) Candidates for nomination to the Supreme Court usually keep a low profile.

question

50) About ________ of nominees to the Supreme Court fail to be confirmed.

answer

D) 20 percent

question

51) In its investigation of Supreme Court nominees, the Senate Judiciary Committee

answer

D) may probe a nominee?s judicial philosophy in great detail

question

52) In order to convince moderate senators to join them, opponents of a nomination for the Supreme Court try to focus on a nominee?s

answer

D) competence or ethics.

question

53) In order to defeat a judicial nomination, opponents in the Senate usually must

answer

C) be able to question a nominee?s competence or ethics.

question

54) President Reagan?s nomination of Robert Bork as an associate justice on the Supreme Court

answer

A) was rejected by the Senate.

question

55) Supreme Court justice Clarence Thomas

answer

E) is ideologically conservative.

question

56) President ________ appointed more women, African Americans, and Hispanics to the federal district and circuit courts than all previous presidents combined.

answer

A) Jimmy Carter

question

57) The first woman appointed to the United States Supreme Court was

answer

A) Sandra Day O?Connor.

question

58) Who currently serves on the Supreme Court as the chief justice?

answer

D) John Roberts

question

59) Usually more than 90 percent of presidents? judicial nominations are members of

answer

D) their own party.

question

60) What percentage of presidents? judicial nominations are members of their own parties?

answer

D) usually more than 90 percent

question

61) The most important factors influencing the president?s selection of judges and justices appears to be

answer

A) ideology and partisanship.

question

62) Under Ronald Reagan?s administration, there was a strong tendency to appoint federal judges on the basis of

answer

C) ideology.

question

63) Supreme Court justices often try to time their retirement

answer

C) so that a president with compatible views will choose their successor.

question

64) President Eisenhower?s selection of Earl Warren and William Brennan to the Supreme Court is an example of

answer

D) how presidents can become disappointed with their selections.

question

65) Presidents are disappointed with their judicial nominations to the Court about ________ percent of the time.

answer

D) 25

question

66) President Franklin Roosevelt?s appointees to the Supreme Court

answer

A) liberalized the Court.

question

67) One of the most important factors that brings potential federal judges to the attention of senators and the Department of Justice is their

answer

E) involvement in partisan politics.

question

68) If ________ Supreme Court justices agree to grant review of a case, it can be scheduled for oral argument or decided on the basis of the written record already on file with the Court.

answer

C) four

question

69) The most common way for the Supreme Court to put a case on its docket is by issuing a(n) ________, a formal document that calls up a case which deals with a Constitutional question or in which state laws are claimed to violate federal law.

answer

E) writ of certiorari

question

70) In order for the Supreme Court to hear oral arguments or decide a case on the written record,

answer

B) four justices must agree to take the case

question

71) A writ of certiorari

answer

C) is used by the Supreme Court to call up a case.

question

72) The ________ is a presidential appointee who is in charge of the appellate court litigation of the federal government, works out of the Department of Justice, and can have an important influence on the Supreme Court.

answer

B) Solicitor General

question

73) Which of the following is NOT a function of the United States Solicitor General?s office?

answer

C) require the Supreme Court to review a government case on appeal

question

74) In a typical year, the Supreme Court issues ________ formal written opinions that could serve as precedent, and thus as the basis of guidance for lower courts.

answer

B) fewer than 100

question

75) A ________ is a Supreme Court ruling without explanation which resolves an immediate case but has no value as precedent because the Court does not offer reasoning that would guide lower courts in future decisions.

answer

D) per curiam decision

question

76) Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ________ briefs, raising points of view and presenting information that they hope will influence the Supreme Court?s decision.

answer

C) amicus curiae

question

77) Principal reasons for the Court?s choosing to hear a case would include each of the following EXCEPT

answer

D) politically hot and divisive cases.

question

78) The decision to appeal cases the federal government has lost in the lower courts is made by the

answer

B) Solicitor General.

question

79) A per curiam decision is a

answer

A) decision without explanation

question

80) An amicus curiae brief may be submitted by

answer

D) groups that are interested in the outcome of a case, but are not formal litigants.

question

81) ________ opinions are those offered by one or more Supreme Court justices not only to support a majority decision, but also to stress a different Constitutional or legal basis for the judgment.

answer

C) Concurring

question

82) A written opinion in a Supreme Court case is a

answer

C) statement of the legal reasoning behind a decision.

question

83) An opinion written to stress a different Constitutional or legal basis for the judgment is called a(n)

answer

A) concurring opinion.

question

84) The vast majority of cases reaching the federal courts are settled on the principle of ________, meaning that an earlier ruling should hold for the case being considered.

answer

B) stare decisis

question

85) All courts rely heavily upon ________the way similar cases were handled in the pastas a guide to current decisions.

answer

C) precedent

question

86) Stare decisis means that cases are

answer

D) decided on the basis of precedent.

question

87) The Supreme Court ________ overrule is own precedents.

answer

A) can

question

88) Judicial ________ refers to how and whether court decisions are translated into real policy, affecting the behavior of others.

answer

E) implementation

question

89) The case of a black man named Virgil Hawkins who tried to get admitted to the University of Florida Law School illustrates

answer

A) how other courts and other institutions of government can be roadblocks in the way of judicial implementation.

question

90) Which of the following is NOT one of the elements involved in the implementation of judicial decisions according to the categories noted by Charles Johnson and Bradley Canon?

answer

A) institutionalized population

question

91) The concept of original intent holds that

answer

A) judges and justices should determine the intent of the framers of the Constitution regarding a particular matter and decide cases in line with that intent.

question

92) In the immediate aftermath of the Supreme Court?s famous Brown v. Board of Education decision, the president and Congress

answer

A) refused to enforce speedy compliance with the ruling, thus severely weakening implementation over the next decade.

question

93) Until the Civil War, the dominant questions before the Supreme Court regarded

answer

C) the powers and legitimacy of the federal government

question

94) Marbury v. Madison established the principle of

answer

D) judicial review.

question

95) Which of the following statements about the Supreme Court case of Marbury v. Madison is FALSE?

answer

C) The Court ruled that Madison was in the right to withhold Marbury?s commission.

question

Truths about Marbury vs. Madison

answer

A) The Court established its power to hold acts of Congress in violation of the Constitution. B) The Court ruled part of the Judiciary Act of 1789 unconstitutional. D) The Court ruled that it had no power to require that Marbury?s commission be delivered.

question

96) Judicial review means

answer

D) the right of the courts to determine whether executive or legislative acts are or are not Constitutional.

question

97) The principle of judicial review was first established expressly in writing in the Supreme Court decision of

answer

D) Marbury v. Madison.

question

98) During the early New Deal era, the Supreme Court was dominated by conservatives who

answer

B) viewed federal intervention in the economy as unconstitutional, and declared several laws invalid.

question

99) The proposal to add justices to the Supreme Court, known as the ?court packing plan? to critics, was made by President ________ who wanted to be able to appoint justices more sympathetic to his philosophy than the ?nine old men.?

answer

C) Franklin Roosevelt

question

100) The president who tried to pack the Supreme Court by increasing its size in order to effect a sympathetic majority was

answer

A) Franklin Roosevelt.

question

101) The most liberal court of the modern era has been the

answer

C) Warren Court.

question

102) One of the most active Supreme Courts in shaping public policy in areas of desegregation and the rights of the accused was the

answer

A) Warren Court.

question

103) Richard Nixon chose ________ as the new chief justice in 1969, hoping with this appointment to move the Supreme Court toward a more ?strict construction? interpretation of the Constitution in its subsequent decisions.

answer

C) Warren Burger

question

104) In the case of United States v. Nixon, the Supreme Court ruled that

answer

C) President Nixon had to hand over White House tape recordings to the courts.

question

105) The Rehnquist Court

answer

A) has slowly chipped away at liberal decisions.

question

106) Democratic theorists criticize the courts on the grounds that they are

answer

C) not representative of the people or majority public opinion.

question

107) Studies of Supreme Court decisions found that

answer

D) the Court is normally in line with popular majorities.

question

108) Which of the following statements about the courts and pluralism is FALSE?

answer

B) Interest groups find it difficult to find judges who will rule in their favor

question

Truths about courts and pluralism

answer

A) Almost every major policy decision these days ends up in court. C) When groups go to court, they use litigation to achieve their policy objectives. D) The habit of always turning to the courts as a last resort can add to policy delay, deadlock, and inconsistency. E) Even though the courts are the least democratic institution, groups can still us them to achieve their goals.

question

109) The view that judges should play a minimal role in policymaking is called judicial

answer

B) restraint.

question

110) Advocates of ________ emphasize that the courts may alleviate pressing needs, especially of those who are weak politically or economically, left unmet by the majoritarian political process.

answer

A) judicial activism

question

111) The justification used by federal courts primarily to avoid deciding cases regarding conflicts between the president and Congress is known as the doctrine of

answer

B) political questions.

question

112) As a means to avoid deciding some cases, the federal courts have developed a doctrine of

answer

E) political questions.

question

113) When given a choice, the courts are least likely to decide a case on the basis of

answer

C) the Constitution.

question

114) How many times has the Supreme Court ruled a federal law unconstitutional?

answer

A) fewer than 200

question

115) Cases that involve statutory construction

answer

A) can be overturned by Congress by clarifying an existing law

question

1) Federal judges are restricted by the Constitution to deciding real cases or controversies brought before itactual disputes rather than hypothetical ones.

answer

True

question

2) More than 90 percent of court cases begin and end in the court of original jurisdiction.

answer

True

question

3) The majority of all the criminal cases in the United States are heard in state and local court systems, not in the federal courts.

answer

True

question

4) The vast majority of civil cases that commence in the federal courts are settled out of court.

answer

True

question

5) Although most federal litigation ends in district court, a large percentage of these cases that district court judges actually decide are appealed by the losers.

answer

True

question

6) Most of the cases handled in the federal district courts are routine.

answer

True

question

7) A distinguishing feature of the American judicial system is the potential for appeals, as well as the length of time it takes to reach a final resolution in cases.

answer

True

question

8) The Constitution sets the number of Supreme Court justices at nine.

answer

False

question

9) Only members of the Supreme Court are called justices? all others are called judges.

answer

True

question

10) The president operates under far more constraints in nominating members to the Supreme Court than to the lower courts.

answer

False

question

11) The Senate has not rejected a Supreme Court nominee this century.

answer

False

question

12) Senators usually do not oppose a president nominating a Supreme Court justice from their state because if a senator objects, the president can simply nominate someone from another state.

answer

True

question

13) Federal judges have typically held office as a judge or prosecutor, and often they have been involved in partisan politics.

answer

True

question

14) One of the most prominent criteria for selection to the Supreme Court is geographic diversity.

answer

False

question

15) Amicus curiae briefs may only be filed by formal litigants in a particular case being heard by the Supreme Court.

answer

False

question

16) The vast majority of cases reaching the federal courts are settled on the basis of stare decisis.

answer

True

question

17) Precedent is typically less firmly established in cases at the forefront of the law.

answer

True

question

18) Strict constructionists argue for a jurisprudence of original intent.

answer

True

question

19) Judicial decisions are more likely to be smoothly implemented if implementation is concentrated in the hands of a few highly visible officials.

answer

True

question

20) The right of judicial review was first established definitively in the case of McCulloch v. Maryland.

answer

False

question

21) Marbury v. Madison was the first case that struck down a legislative act in the United States.

answer

False

question

22) The Supreme Court sits in a ?marble palace? and is insulated from the normal forms of politics.

answer

False

question

23) Advocates of judicial activism emphasize that the Supreme Court?s decisions on such issues as abortion and school prayer go well beyond the ?referee? role they feel is appropriate for courts in a democracy.

answer

False

question

24) During the twentieth century, liberals on the Supreme Court have engaged in judicial activism, but conservatives have not.

answer

False

question

1) In ________ law cases, an individual is charged with violating a specific law. The offense may be harmful to an individual or to society as a whole, but in either case it warrants punishment, such as imprisonment or a fine.

answer

Criminal

question

2) ________ suits permit a small number of people to sue on behalf of all other people similarly situated.

answer

Class Action

question

3) What is a class action suit? Why are they important? Give an example.

answer

lawsuits permitting a small number of people to sue on behalf of all other people similarly situated? reflects a broadened notion of standing to sue, and used a variety of areas

question

What is a justiciable dispute?

answer

a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies

question

5) Sometimes groups do not directly argue a case for a litigant but instead submit a(n) ________ that seeks to influence the decision of the court.

answer

amicus curiae brief

question

6) Courts with ________ jurisdiction hear cases brought to them on appeal from a lower court, and do not review the factual record, only the legal issues involved.

answer

Appellate

question

7) The federal ________ courts are the courts of original jurisdiction for most federal cases? they hear no appeals.

answer

District

question

8) Explain the difference between original and appellate jurisdiction.

answer

Original jurisdiction is jurisdiction of courts that hear a case first, usually in a trial and where the court determines the facts about the case. Appellate jurisdiction is jurisdiction of courts that hear cases brought to them on appeal from lower courts, focusing on legal issues involved rather than the facts of the case.

question

What is the difference between Constitutional courts and legislative courts?

answer

Constitutional courts are the district and appeals courts created by Congress in the Judiciary Act of 1789, while legislative courts are established by Congress for specialized purposes.

question

10) In the ________ Congress created our system of Constitutional courts.

answer

Judiciary Act of 1789

question

11) ________ cases involve civil suits between citizens of different states or suits in which one of the parties is a citizen of a foreign nation and the matter in question exceeds $75,000.

answer

Diversity of citizenship

question

12) ________ issue warrants for arrest, determine whether to hold arrested persons for action by a grand jury, and sometimes set bail.

answer

Federal Magistrates

question

13) ________ are assigned to each district to protect the judicial process and to serve the writs that the judges issue.

answer

U.S. Marshals

question

14) Among its most important tasks, the Supreme Court resolves conflicts between or among ________.

answer

States

question

Which two Supreme Court justices were nominated by George W. Bush?

answer

Samuel Alito and John Roberts

question

17) Explain why previous judicial experience is not that important in nominating individuals to the Supreme Court.

answer

Answer: The Supreme Court?s work is so unique compared to the other federal courts that previous judicial experience is not that relevant or useful.

question

18) The most common way for the Supreme Court to put a case on its docket is by issuing to a lower federal or state court a(n) ________, which is a formal document that calls up a case.

answer

writ of certiorari

question

19) The Supreme Court occasionally issues a(n) ________ decision, which is one without a written explanation. Such a decision resolves an immediate case but has no value as precedent because it does not offer the Court?s reasoning.

answer

per curiam

question

20) ________ briefs are written by parties who are interested in the outcome of a case, but are not formal litigants. These briefs try to influence the Supreme Court by raising additional points of view or presenting new information.

answer

Amicus curiae

question

21) What is a per curiam decision?

answer

a decision without explanation issued by the Supreme Court

question

23) All courts rely heavily upon ________, the way similar cases were handled in the past, as a guide to current decisions.

answer

Precedent

question

24) Judicial ________ refers to how and whether court decisions are translated into actual policy, affecting the behavior of others.

answer

Implementation

question

25) The 1803 Supreme Court decision which included Chief Justice John Marshall?s assertion of the right of judicial review was the case of ________.

answer

Marbury v. Madison

question

26) What is the importance of the Supreme Court case of Marbury v. Madison?

answer

Answer: established the Supreme Court?s power of judicial review over acts of Congress

question

27) Compare and contrast the principles of judicial restraint and judicial activism.

answer

Judicial restraint is a judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to legislatures. Judicial activism is a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground.

question

28) What is the doctrine of political questions?

answer

a doctrine developed by the federal courts and used as a means of deciding some cases, principally those involving conflicts between the president and Congress

question

Basic Functions of the Courts

answer

determine whether a law has been broken and what penalties can be applied decide how to provide relief for those who have been harmed by the actions of another If necessary, they determine the meaning of a particular law or of the Constitution itself.

question

Judiciary Act of 1789

answer

"proposed a three-tiered structure for the federal courts. The three tiers were the district courts, circuit courts, and the Supreme Court. While the federal judicial system has been altered in various ways over the years, the basic three-tiered structure laid out in the Judiciary Act of 1789 has remained intact.

question

District Courts

answer

"District courts are spread throughout the country and serve as the trial courts of the federal system. That means they have original jurisdiction over nearly all the criminal and civil cases heard in the federal system. " Have juries, hear evidence, have witnesses

question

Court of Appeals

answer

"The Judiciary Act of 1891 transformed the circuit courts into strictly appellate courts. Courts of appeals hear appeals from district courts and also from those federal agencies that have rule-making and rule-enforcement powers" "They hear cases on appeal from the district courts within their circuit. They also hear appeals from various administrative agencies of the federal government" No new evidence, witnesses, rarely give out new ruling, use briefs

question

The Supreme Court

answer

"Article III, Section 2, of the Constitution does list a few instances in which the Supreme Court has original jurisdiction: "Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party."

question

Appointing Federal Judges

answer

"Presidents typically take four factors into consideration when making nominations: legal expertise, party affiliation, a judge's judicial philosophy, and the approval of the Senate."

question

Judicial Restraint

answer

"Judicial restraint is the concept that a judge should interpret the Constitution according to the Framers' original intention. According to this view, laws should be overturned only when the violation of the Constitution's original meaning is absolutely clear."

question

Judicial Activism

answer

"The concept of judicial activism holds that judges can adapt the meaning of the Constitution to meet the demands of contemporary realities. According to this view, the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances"

question

Stare Decisis

answer

respect for precedent follows previous deciscions

question

Checks on Judiciary

answer

"Congress has the power to impeach and remove judges from office, but it is not easy. The Constitution says that "Judges, both of the supreme and inferior courts, shall hold their terms of office during good behavior" (Article III, Section 1). Article III judges have no set terms and may serve for life." "The Constitution further protects judicial independence by saying that judges' pay cannot be reduced during their term" "The amendment power offers another way for Congress and the states to check the judiciary. An amendment can make a formerly unconstitutional act constitutional." Really difficult to do.

Judizzle Branch – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards