Government Exam02 CH13

Question 1

Which Branch of government is said to be the LEAST DANGEROUS?

Answer 1

Judiciary Branch

Question 2

What does SCOTUS do?

Answer 2

They investigate cases with a constitutional issue. Issues that could affect every person in this country, not just the person(s) affected by the case.

Question 3

Judicial power is in one Supreme Court and Congress sets up the lower federal courts.

Answer 3

Article 3, Section 1

Question 4

How long do supreme court justices hold their offices?

Answer 4

In times of “good behaviour”, basically lifetime terms. They don’t face relection so they can be independent of politics.

Question 5

How to get rid of a supreme court justice?

Answer 5

The only way is impeachment and removal for a crime like bribery.

Question 6

What does the consitution say in article 3 about how many supreme court justices there can be?

Answer 6

Nothing. But congress passed the judiciary act in 1869 that set the membership to NINE JUSTICES.

Question 7

Does a president have the same amount of power on their first day as they do their last day?

Answer 7

Yes. See Trump nominating a supreme court justice.

Question 8

What is common law tradition?

Answer 8

Body of judge-made law (not from legislation that congress passed and the president signed)

Question 9

Regarding SCOTUS, what is a stare decisis?

Answer 9

It’s a precedent. Something to follow to save time and money. Judges are not bound my precedences, but influenced by them.

Question 10

What CANT laws passed by Congress or States do?

Answer 10

Violate the constitution.

Question 11

Who creates Statutes and Administrative Regulations?

Answer 11

Bureaucratic Agencies (non elected bodies)

Question 12

What is Case Law?

Answer 12

Judicial interpretations of common law principles, the Constitution, legislation, statutes and regulatory laws

Question 13

What are the 4 basic judicial requirements for SCOTUS to hear a case?

Answer 13

1. Does SCOTUS have jurisdiction? It has to be a FEDERAL question.
2. Is there diversity of citizenship? Are parties from different states or countries?
3. Justiciable Controversy? No hypotheticals or what ifs. Someone must have already been harmed. The exception is for an emergency ruling for something like COVID.
4. Standing. You must have a sufficient stake in the matter to sue. You can’t sue on someone else’s behalf.

Question 14

How any justices must must agree to hear a case?

Answer 14

Four (Rule of Four)

Question 15

Definition of Due Process

Answer 15

Person is given notice they are being investigated and then prosecuted for a crime.
They have an opportunity to be heard (trial)
Decisions are made by a neutral decision maker (impartial judge)

Question 16

Definition of Procedural Due Process

Answer 16

if the government wants to take away your life, liberty or property,procedural due process (EQUAL TREATMENT) requires the government to afford a person notice, an opportunity to be heard, and a decision made by a neutral decision-maker.

Question 17

Definition of Substantive Due Process

Answer 17

Principle allowing courts to protect basic fundamental rights (FAIR TREATMENT)

Question 18

What does the eigth ammendment say about punishment?

Answer 18

Excessive bail shall not be required, nor excessive fines imposed,

nor cruel AND unusual punishments inflicted.

Question 19

What does SCOTUS do on death penalty cases?

Answer 19

They REVIEW the case, make sure procedures were followed. They don’t ask themselves if the convicted person committed the crime or not.

Question 20

Is civil liberty absolute?

Answer 20

NO, WE LIVE UNDER A SOCIAL CONTRACT.

CAN’T SHOUT BOMB AT AN AIRPORT.

Question 21

In regards to decision making on the court, what is INSTITUTIONALISM?

Answer 21

Judges who adhere to institutionalism see the Constitution as a living, breaking document whose meaning is reinterpreted over the generations.

Question 22

In regards to decision making on the court, what is TEXTUALISM?

Answer 22

Judges who adhere to textualism view the laws written as the plain meaning of words and don’t consider other legal contexts.

Question 23

In regards to decision making on the court, what are LOOSE CONSTRUCTIONISTS?

Answer 23

Judges who adhere to loose constructionism view the Constitution as a living thing that must stretch or contract to accommodate a modernizing society.

Question 24

True or False – Judicial review is the process by which the Judicial Branch reviews the acts of the other two branches for their constitutionality (legality), as outlined in Article III?

Answer 24

False. The Court established this doctrine in the case of Marbury v. Madison (1803)