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2310 > Chapter 14-2310 > Flashcards

Chapter 14-2310 Flashcards

1
Q

Mention statements about federal judges

A

They serve until they die or retire voluntarily.

The only way to remove them is through impeachment.

They are appointed by the president, subject to confirmation by the Senate.

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2
Q

According to Alexander Hamilton’s argument in Federalist No. 78, the best way to ensure that the federal courts exercise their power reasonably and fairly is to

A

Appoint federal judges for life

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3
Q

In a majority of the state conventions to ratify the Constitution (8 of 13), it was claimed that ______ would have the power to nullify actions that violated the Constitution.

A

the judiciary

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4
Q

The federal court case that established judicial review was

A

Marbury v. Madison

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5
Q

The federal court that features two sides presenting a case to a jury for a verdict is

A

A district court

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6
Q

True or false: The Constitution requires that federal judges be citizens and at least thirty years old.

A

false

Reason: Unlike other federal offices, the Constitution has no age, residency, or citizenship requirements for federal judges.

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7
Q

Alexander Hamilton said that of all the branches of government, the Supreme Court was the Blank

A

weakest

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8
Q

Which of the following circuit courts has jurisdiction over appeals involving patents and international trade?

A

Court of Appeals for the Federal Circuit

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9
Q

What was the first opportunity to determine whether or not the judiciary had the power to nullify actions that violated the Constitution?

A

when a dispute arose after the election of 1800

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10
Q

How many justices sit on the Supreme Court?

A

Nine

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11
Q

The concept of judicial review means that Blank

A

the judicial branch has the power to declare null and void government actions that it finds unconstitutional

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12
Q

The Supreme Court tends to hear cases

A

of substantial legal significance

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13
Q

What describes the U.S. district courts?

A

They are the lowest federal courts.

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14
Q

Following oral argument, the Supreme Court justices meet in complete privacy and secrecy to discuss and vote on the case. This meeting of the justices is called

A

a judicial conference

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15
Q

The Constitution establishes the Supreme Court. Which entity is empowered by the Constitution to establish the lower federal courts?

A

Congress

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16
Q

Which of the following are issued by the Supreme Court after hearing a case?

A

-one or more opinions

-a decision

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17
Q

Appellate courts review which aspect of lower court decisions?

A

how a lower court applied the law

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18
Q

Which of the following is true of appeals to the Supreme Court?

A

The issue must involve a federal constitutional question or federal law.

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19
Q

Define Majority opinion

A

Choiceissued when all or most of the justices agree on the legal basis of a decision

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20
Q

What is the definition of Plurality opinion

A

Choiceissued when some justices agree on the majority’s decision but disagree with the legal basis for it

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21
Q

What is the definition Concurring opinion

A

Choiceissued by a justice in the majority when that justice disagrees with all or part of the majority’s reasoning
Dissenting opinion
matches

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22
Q

How is defined Dissenting opinion

A

matches
Choiceissued by one or more justices on the losing side to explain their reasoning

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23
Q

What is Per curiam opinion

A

matches
Choiceissued as an unsigned decision for the Court as a whole

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24
Q

When four Supreme Court justices agree to request a record of the case from a lower court, the court issues a ______.

A

writ of certiorari

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25
Q

Each of the 50 states structures and maintains its own

A

court system

26
Q

When the justices meet following oral arguments in a case, why are the proceedings secret?

A

to give the justices the opportunity to change their minds

to allow the justices to speak freely

27
Q

True or false: The Supreme Court’s decision gives the legal basis for the Court’s ruling.

A

False

Reason: The legal basis for the ruling is explained in the opinion issued by the Court.

28
Q

The “federal court myth” is the inaccurate belief that ______.

A

state courts play a role subordinate to federal courts

29
Q

Eleven of the thirteen federal appellate courts cover specific geographic regions, which are called

A

circuits

30
Q

While serving on the Court, Supreme Court justices tend to ______.

A

make decisions in line with their views when they were nominated to the Court

31
Q

What happens during the writing of a Supreme Court opinion?

A

The justice assigned to write the opinion will continue to speak with the other justices while preparing the opinion.

32
Q

True or false: Less than 4 percent of presidential nominees to the Supreme Court have been rejected by the Senate on grounds of judicial qualification, legal views, personal ethics, or partisanship.

A

False
Reason: This is false. Nearly 20 percent of presidential nominees to the Supreme Court have been rejected by the Senate on grounds of judicial qualification, legal views, personal ethics, or partisanship

33
Q

The structure of the state court systems is defined by

A

state law

34
Q

Presidents typically nominate people to lower-court judgeships

A

who are members of their political party

35
Q

Following oral argument, the Supreme Court justices meet in complete privacy and secrecy to discuss and vote on the case. This meeting of the justices is called ______.

A

a judicial conference

36
Q

What percentage of the nation’s legal cases are decided by state and local courts?

A

more than 95 percent

37
Q

The nominating process for the Supreme Court places high importance on which of the following aspects of a potential Supreme Court nominee?

A

legal credentials

political philosophy

38
Q

Approximately what percentage of Donald Trump’s judicial appointees were minority-group members?

.

A

fewer than 10 percent

39
Q

Supreme Court nominations in recent years have been ______ in the Senate.

A

bitterly contested

40
Q

To whom or what does the president typically delegate the task of identifying nominees to lower-court positions?

A

the deputy attorney general

41
Q

What are limits on judicial power?

A

the law itself

the facts of the case

42
Q

During a Supreme Court hearing, who presents oral arguments?

A

the attorneys for each side

43
Q

Under the common law tradition, judges should base their decisions on

A

previous judicial rulings

44
Q

Federal courts usually do not intervene into state court matters unless a ______ issue or law is involved.

A

federal

45
Q

Supreme Court justices tend to vote according to their personal

A

political attitudes

46
Q

Compared with Republican presidents, Democratic presidents have appointed Blank______ to the federal bench.

A

more women

more minorities

47
Q

The Supreme Court, recognizing public opinion in the Brown v. Board of Education case, required local school systems to______.

A

desegregate “with all deliberate speed” instead of immediately

48
Q

Laws made by acts of Congress or state legislatures are called

A

statutory laws

49
Q

Which interest group regularly files cases seeking to protect individual rights?

A

ACLU

American Civil Liberties Union

50
Q

The American common law evolved from which legal system?

A

the British system

51
Q

Identify the checks on judicial power that are available to Congress.

A

exercising its authority to confirm Supreme Court justices

rewriting legislation it feels the judiciary has misinterpreted

52
Q

Chief Justice John Roberts has observed that the Supreme Court Blank_

A

is not a political branch of government, and the public has to accept its decisions

53
Q

Supreme Court chief justice John Marshall used the Court to strengthen the judiciary and the federal government. These actions demonstrated Marshall’s use of judicial ______.

A

Activism

54
Q

Why are future Supreme Court nominees unlikely to be rejected by the Senate?

A

because the use of the filibuster has been abolished for Supreme Court nominations

55
Q

Amicus curiae briefs have what impact on the American legal system?

A

They help the court to understand how interested parties feel about the case in question.

56
Q

Presidents can influence the courts by ______.

A

choosing how much to enforce court decisions

influencing the cases that come before courts

57
Q

Judicial review is a term that refers to the power that courts have to

A

invalidate a law or action on constitutional grounds

58
Q

According to the doctrine of judicial restraint, judges should Blank

A

generally defer to the policy decisions made by elected officials

59
Q

Supreme Court nominations in recent years have been ______ in the Senate.

A

bitterly contested

60
Q

What statement describes the challenge faced by the judiciary in interpreting the Constitution?

A

The Constitution is silent concerning the approach that judges should take in deciding cases where the law is not completely clear.

61
Q

According to the doctrine of judicial activism, judges should

A

only defer to elected officials who are acting within their constitutional authority.

2310 (4 decks)

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