PlS 100 Chapter 13 – Flashcards

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A judge that makes a legal decision on a case today may look at past case law and follow the concept of
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precedent.
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Justices are guided by the concept of _______in making legal decisions.
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stare decisis.
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The main difference between the federal appellate court and federal district court is that
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federal appellate courts do not use juries or cross-examination.
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There are _________federal appellate courts.
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thirteen
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The case that struck down a Texas law outlawing abortion was
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Roe v. Wade.
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Today the Supreme Court hears about ________ cases a year.
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80
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Since Alexis de Tocqueville's study of America in the 1830s, the prestige of lawyers and courts has
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decreased.
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Cases involving acts of terror, insider trading, and immigration would be heard by
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federal trial courts.
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he person being sued in a civil case is known as the
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defendant
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Most state judges
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are elected by the public.
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The Korematsu case was significant because it was
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one of the first cases to use the strict scrutiny test.
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A person charged with theft will face the rules and consequences under
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criminal law.
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One of the unusual things about the courts is that
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the Constitution never specified the number of Supreme Court justices.
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Specialized courts hear cases on
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tax disputes.
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Specialized courts are often referred to as the
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third judiciary.
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The idea that the president can withhold sensitive national security information from Congress or the courts is known as an
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executive privilege.
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Everson v. Board of Education was a case that addressed the
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establishment clause
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A statement on behalf of the justices voting in the minority is called the
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dissent
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The Supreme Court process of selecting a case is known as
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rule of four.
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The outcome of McCullough v. Maryland affirmed the principle that
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the federal government is superior to state governments.
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The famous case that denied a Florida recount in the 2000 presidential election was
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Bush v. Gore.
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The case that overturned Plessy v. Ferguson was
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Brown v. Board of Education.
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The outcome of Schenck v. United States was
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the clear and present danger test.
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Judicial cases today may be important tomorrow because they establish the concept of
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precedent.
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McCullough v. Maryland was important to court development because
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it evoked the necessary and proper clause to block the state of Maryland from taxing the bank of the United States.
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Court approval ratings are similar to those of
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the president.
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The role of the circuit courts is to
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review the trial record of cases decided in district court.
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District court judges are appointed by the
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president.
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Mapp v. Ohio addressed concerns over the
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Fourth Amendment.
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The principle that enables the courts to check the other two branches of government is known as
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judicial review.
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If there was a breach of justice by a member of the military, that case would be heard by
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a military judge.
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The longest-serving chief justice in US history was
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John Marshall.
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Gideon v. Wainwright was one of the first in a series of landmark judicial decisions addressing
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the rights of defendants in criminal proceedings.
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It is possible to move a case from the state level to the federal level by
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appealing the case to the highest state court of appeals.
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The statement "When there is doubt about what the Constitution holds or implies, the Supreme Court makes the call" refers to the principle of
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judicial review.
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Someone adversely affected or suffering imminent harm would satisfy the concept of
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standing.
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Muller v. Oregon was a case that
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addressed the number of hours women could work.
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The case of Marbury v. Madison and the principle of judicial review was set forth by which Supreme Court justice?
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John Marshall
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The person bringing the suit in a civil case is called the
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plaintiff.
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After Marbury v. Madison, which of the following occurred?
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The Court did not overrule an act of Congress until the Missouri Compromise in 1854.
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"Stand by the things decided" is the definition for which Latin term?
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stare decisis
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A justice that agrees with the majority opinion but for different reasons has
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a concurrent opinion.
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The idea that the Supreme Court can take a vigorous or active approach when reviewing the other governmental branches is a form of
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judicial activism.
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The outcome of Plessy v. Ferguson was
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the separate but equal policy.
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The principal issue in Dartmouth College v. Woodward was
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property rights.
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The principle of judicial review is traced back to the case of
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Marbury v. Madison.
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In Brown v. Board of Education, the court stated that
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separate schools are inherently unequal.
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Which of the following is true?
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More than 80 percent of federal judges are white.
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Lochner v. New York addressed the concern over
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workers' rights.
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Judicial review allows the courts to
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check the executive and legislative branches, if they have exceeded constitutional authority.
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Appellate courts hear cases from the
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lower courts.
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Plessy v. Ferguson stated that the Fourteenth Amendment was
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not designed to enforce social equality.
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National Labor Relations Board v. Jones and Laughlin Steel Corporation differed from the Lochner case because the Court supported
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workers' rights.
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According to Alexander Hamilton, the weakest of the three branches of government was
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the courts.
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The case that addressed the right of the president to use executive privilege was
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United States v. Nixon.
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Specialized court judges differ from regular federal judges in that
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they are not appointed for life.
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Texas and California have _______than other states.
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more district courts
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The Lochner era (1910-1940) was an era in which the courts
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denied workers' rights.
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The idea that judges are influenced by their peers in making legal decisions reflects the principle of
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collegiality.
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The outcome of National Federation of Independent Business v. Sebelius was that
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Congress had the power to tax, which upheld President Obama's health care reform.
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The official statement of the Court is known as
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the majority opinion.
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Federal courts differ from the executive and legislative branches of government because they
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do not have an electoral base.
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The idea that a corporation was viewed as a legal person meant
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judicial restraint.
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The concept of judicial federalism means
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that there is both a federal and a state court system in the United States.
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Judicial review is __________in the Constitution.
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not mentioned
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The issue of whether enemy combatants could receive a fair trial was decided by
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the Supreme Court.
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Santa Clara Co. v. Southern Pacific Railroad was significant because
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the courts treated corporations as legal persons.
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The high-profile cases National Federation of Independent Businessv. Sebelius (Obamacare) and Roe v. Wade(abortion) were similar in that
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they both began in state courts.
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Today there are ______district courts.
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ninety-four
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The chief justice during the Brown v. Board of Education case was
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Earl Warren.
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Political scientists have generally found that justices' decisions are most closely tied to
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their political ideologies.
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The main way(s) to select a judge is
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all of the above
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The fact that the Supreme Court has struck down statutes that supported segregation policy is a form of
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judicial activism.
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A district court is a
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federal trial court.
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The idea that the court should overturn the elected branches of government reluctantly is called
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that corporations were protected under the equal protection clause of the Fourteenth Amendment.
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Which of the following is essential for having a case heard by the Supreme Court?
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all of the above
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The case that forced Japanese Americans into internment camps during World War II was
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Korematsu v. United States.
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A way of resolving disputes, without going to court, in which a third party helps negotiate a settlement is called
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mediation.
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Most industrial nations rely on mediation in
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noncriminal cases.
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A brief submitted by a person or group that is not a direct party to the case is called
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amicus curiae.
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The ultimate arbiter of all cases is the
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US Supreme Court.
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The early English legal system was known as
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common law.
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The famous case that denied civil rights to former slaves was known as
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Dred Scott v. Sandford.
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The Terri Schiavo case went on appeal in Atlanta, which is part of the
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Eleventh Circuit Court of Appeals.
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Supreme Court justices are in session
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for nine months.
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The concept of judicial federalism means
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that there is both a federal and a state court system in the United States.
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