question

why bar associations should pick judges?

answer

they interact frequently with judges in courtrooms as lawyers so they know who is best for the job

question

why bar associations should not pick judges?

answer

may make life easier for lawyers and not focus on the needs of litigants

question

why elected officials should pick judges?

answer

they are picked by voters to decide policy so they should know who is best suited lawyers/ judges

question

why elected officials should not pick judges?

answer

will pick judges who align with their ideologies

question

why voters should pick judges?

answer

democratic process

question

why voters should not pick judges?

answer

will pick judges based on campaign promises not their qualifications

question

Supreme Court ruled that judge couldn't get campaign money personally because

answer

it taints their legitimacy

question

judicial independence

answer

appointment (federalism)

question

political accountability

answer

Elections- guaranteeing the most appropriate method for guaranteeing the popular accountability of judicial policy makers (state rights)

question

litmus test

answer

series of questions to smoke out people who don't agree with their policies

question

Formal process of judicial selection gives the president considerable power?

answer

Yes

question

Appointment of Federal Judges (Formal Method)

answer

nominated by President and confirmed by the Senate

question

Presidents use vacant seats to

answer

reward the party faithful, pursue political objectives, and appear presidential

question

senatorial courtesy

answer

President consults with home state senators of his party about acceptable nominees before the nomination

question

you're gonna pass

answer

yes

question

If the senator exercise their objection to a nominee

answer

it usually prevents that nominee from being confirmed

question

If the senator allows the nomination to go forward

answer

it will likely result in confirmation

question

Senate Judiciary Committee

answer

that reviews nominations forwarded by the president

question

the committee has adopted a procedural change to limit the power of senatorial courtesy

answer

yes

question

The President has the greatest political freedom of action in deciding on nominations to the federal courts in

answer

D.C. because the district has no senator and senatorial courtesy does not apply to vacancies on these judicial bodies

question

Presidents will consult

answer

the American Bar Association before making a nomination

question

Senate Judiciary Committee regularly requested

answer

ABA opinion before confirmation

question

President Carter nominated

answer

more non-traditional people to the federal bench to diversify the bench

question

President Nixon nominated

answer

stressed appointing strict constructionist to the Supreme Court due to rising crime rate

question

A president's influence on the federal bench

answer

look at how many judicial vacancies he has filled

question

Backgrounds of Judges

answer

White, elite education, Protestant, Male

question

Where did concept of elected judiciary come from?

answer

Jacksonian era aimed at democratizing the political process Populist Movement believed in government "by people for the people"

question

nonpartisan elections

answer

running on the basis of qualifications instead of party affliction but parties still played a silent part

question

Gubernatorial appointment

answer

method of judicial selection in which the governor appoints a person to a judicial vacancy

question

partisan elections makes it easier to use judicial posts as

answer

patronage to reward party faithful

question

Non-partisan elections reveal little information and generate no voter interest providing

answer

incumbent judges with an advantage when running for re-election

question

Most expensive states to campaign for a Supreme Court judgeship is

answer

Alabama, Illinois, Michigan, Mississippi, Ohio

question

After initial selection but before official nomination the ABA requires the nominee to

answer

complete an ABA questionnaire that allows the ABA committee to determine if the nominee is qualified and then send to the Justice Department to let the President know

question

Democrats are usually more hostile towards the ABA than Republicans

answer

yes

question

Which president appointed more district court judges than any other?

answer

Bill Clinton

question

Judicial Conduct Commissions

answer

first used in California to deal with judges suspected of wrongdoing

question

responsibility of impeaching federal judges belongs to

answer

House of Representatives

question

you're gonna get your period

answer

yes

question

has an informal role in the selection of federal judges

answer

ABA

question

ABA has more influence during

answer

Republican administrations

question

President Obama's nominees have been confirmed by the Senate

answer

more slowly than previous presidents

question

the nominees of Bush and Obama have what in common?

answer

previous political activity, type of education, judicial experience, undergraduate education

question

the cost of judicial campaigns are

answer

increasing over time

question

most states select/ retain trial judges by which method?

answer

popular election

question

key characteristic of judicial elections

answer

low voter turn out

question

the judicial recruitment process favored by legal reformers

answer

Missouri Plan

question

to become a judge under the Missouri Plan

answer

you must be nominated

question

there are not a lot of differences between judges picked in terms of their back ground

answer

in different selection systems

question

docket

answer

calendar of cases

question

complaints about federal judges are first heard by

answer

judicial councils

question

conviction of a federal judge on an impeachment requires a

answer

2/3 vote of senators present

question

not all judges nominated by the president

answer

share hiss political philosophy

question

judicial misconduct often involves misconduct

answer

yes

question

judicial elections are usually

answer

non-partisan

question

legal mobilization

answer

how the legal system acquires its cases

question

example of legal mobilization

answer

report a crime

question

the most formal of dispute processing institutions

answer

courts

question

which procedure gives the parties the most control over the outcome of the dispute

answer

mediation

question

which type of case is most likely to require a lawyer to spend considerable time talking with the client about the law

answer

oneshotters v. oneshotters

question

criminal case is an example of

answer

repeat player (government) v. one shotter

question

party capability equates to

answer

litigant success

question

routine administration

answer

no conflict but only the need for a formal authorization to a private settlement

question

not a form of adjuctionary process

answer

resolution

question

juvenile court is frequently associated with

answer

diagnostic adjudication

question

traditional litigation is distinguished by

answer

bipolar lawsuit and its retrospective nature

question

difference between private and public policy oriented lawsuit is

answer

involvement of the government

question

a school desegregation case is an example of

answer

policy oriented public lawsuit

question

interest group activity in the courts is

answer

increasing

question

amicus curiae means

answer

friend of the court

question

class action lawsuit is brought by

answer

one person or interest group on behalf of others

question

most lawsuits in the United States involve policy litigation

answer

no

question

interest groups try to influence judicial nominations

answer

yes

question

interest groups strategies to influence the courts

answer

1. direct sponsorship 2. amicus curiae brief 3.class action lawsuits 4. judicial nominations

question

index crimes

answer

what major crimes like robbery and murder are part of a category of crimes referred to according to the uniform crime reports

question

characteristics of felony defendants

answer

1. powerless 2 younger 3. less educated 4. poorer than average American

question

what type of cases have no right to bail

answer

capital offenses

question

release on recognizance

answer

when a person is released solely on his or her promise to return for trial

question

what is the amount of bail based on

answer

criminal record and seriousness of the crime

question

preventive detention is aimed at denying pretrial release to defendants who

answer

are viewed as a threat to the community

question

the office of the prosecutor's office is characterized by

answer

decentralization

question

prosecutor is usually

answer

a locally elected official

question

information and complaint are similar charging documents but information

answer

is signed by the prosecutor

question

prosecution in a misdemeanor case is usually initiated by

answer

complaint

question

what person is the most influential in the charging decision

answer

prosecutor

question

preliminary hearing

answer

designed as a check o unwarranted prosecution

question

if a person is indicted

answer

charged with the violation of a law

question

in order to bring a person to trial in a federal felony case the U.S. attorney needs

answer

indictment

question

right to counsel does not apply to

answer

grand jury indictment

question

which statement best characterizes current practices of grand juries

answer

effectively dominated by the prosecutor

question

exclusionary rule

answer

the principle that illegally seized evidence cannot be used against the defendant at trial

question

Miranda v. Arizona (1966)

answer

the Supreme Court ruled that defendants must be informed of their right to have their attorneys present during interrogation

question

fourth amendment

answer

illegally obtained evidence may be excluded under the prohibition against unreasonable search and seizures

question

Mapp v. Ohio (1961)

answer

extended exclusionary rule to the states and concerned searches without a warrant

question

critics argue that because of the exclusionary rule

answer

many cases get dropped by the prosecutor

question

the rate of case attrition between the arrest and trial stage is

answer

50%

question

the largest proportion of case rejected during prosecutorial screening result from

answer

insufficient evidence

question

not a reason why cases are often dropped before trial

answer

first offenders usually have charges dropped

question

according to Sam Walker the criminal system is like a

answer

wedding cake

question

what is not an explanation for case attrition

answer

courtroom availability

question

what type of cases get the most attention

answer

serious felonies

question

less than one out of four arrests for Type I offenses involve a crime of personal violence

answer

yes

question

most felony arrests are for nonviolent offenses involving crimes like burglary and theft

answer

yes

question

arrests are made in 50 % of property offense crimes

answer

yes

question

an arrested person must be brought before a judge within 12 hours of arrest

answer

no ten days

question

the number of index crimes has declined

answer

yes

question

in felony court most defendants are found guilty

answer

yes

question

the courtroom work group concept focuses on

answer

cooperation between judge, prosecutor, and defense attorney

question

not a part of the courtroom work group

answer

defendant

question

normal penalties

answer

the customary penalty for a similar crime

question

if a defendant pleads guilty to two of the four charges

answer

an example of count bargaining

question

the type of case most likely to go to trial

answer

robbery

question

concurrently

answer

when someone is charged with two crimes and the sentences will happen at the same time

question

not a concession granted to defendants in a plea deal

answer

deciding if the defendant will be charged under state or federal law

question

important in deciding on a plea deal

answer

seriousness of the crime

question

most likely to influence whether case goes to trial

answer

1. severity of the penalty on conviction 2. strength of the prosecutor's case

question

compared to a guilty plea, conviction by a jury frequently results in a sentence

answer

that is longer

question

nolo contendere

answer

plea of guilty that does not constitute an admission of guilt

question

civil libertarians are concerned that plea bargaining undercuts and is?

answer

individuals' constitutional protections and is inherently coercive

question

people who define the sentencing structure

answer

legislators, judges, parole boards

question

reducing the inmate's prison term as a reward for good behavior in prison is known as awarding

answer

good time

question

the majority of persons under some form of correctional supervisions are

answer

on probation

question

individual placed on probation

answer

released into the community under the supervision of the court

question

mot important in a judge's decision to incarcerate or grant probation

answer

prior criminal record

question

the number of people in prison has risen dramatically

answer

yes

question

many prison reforms have come about as a result of the 8th amendment

answer

yes

question

guided discretion laws are constitutional

answer

summarizes the Supreme Courts decisions on the death penalty

question

for a death penalty law to be Constitutional it has to provide a

answer

bifurcated process

question

how are standards on death penalty changing

answer

evolving

question

race of the defendant

answer

universally regarded as an illegitimate factor in sentencing

question

research has been inconclusive on the sentencing of

answer

minorities

question

an example of a factor associated with sentencing disparities

answer

geography of justice

question

sentencing guidelines are designed to provide

answer

consistency and certainty

question

prescriptive sentencing guidelines express what sentence should be

answer

imposed

question

increasing the severity of the punishment tends to

answer

decrease its application

question

the courtroom work group depends on regularity of behavior

answer

yes

question

sentencing guidelines increase the judge's discretion

answer

no

question

members of the courtroom work group try to avoid trials

answer

yes

question

number of adults in prison is over one million

answer

yes

question

Galanter says that civil justice is

answer

a disputing pyramid

question

dispute

answer

only exists when a claim is rejected

question

hiring a lawyer often shows

answer

1. a presence of legal realities 2. individual's seriousness in continuing the case 3. the client's need to understand legal rules better

question

the main purpose of the lawyer

answer

to keep clients OUT of court

question

lawyers are the _________ of the legal system

answer

gatekeepers

question

most disputes do not end up in court because

answer

the party filing the claim is satisfied with settlement

question

studies on civil court caseloads per thousand of the population indicate they have

answer

remained relatively stable in the 20th century

question

in this century personal injury cases have

answer

increased

question

American "suing" behavior

answer

1. they are NOT quick to sue 2. community norms seem to shape suing behavior

question

tort filings in many states have been

answer

staying relatively constant

question

median verdict in automobile tort cases is around

answer

15,000

question

medical malpractice lawsuits are an example of

answer

high stakes litigation

question

mass tort litigation involves alot of

answer

money

question

the problem of causation

answer

complicates mass torts cases

question

limits on punitive damages

answer

an example of tort reform

question

community mediation programs focus on

answer

minor disputes

question

critics charge that community courts

answer

are too informal

question

courtannexed compulsory arbitration is designed to

answer

provide a speedier, less expensive alternative to courts

question

data collected on court administered arbitration programs show

answer

mixed results

question

hiring a lawyer means there will be a lawsuit

answer

no

question

tort reform has always been a state matter

answer

yes

question

the Congress is active in establishing tort reform at the national level

answer

yes

question

people support Alternative Dispute Resolution

answer

yes

question

Stella Liebeck's jury verdict against McDonald's was substantially reduced by the courts

answer

yes

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