Federal Govt Chapter 15 Notes

A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ______ brief.

amicus curiae

A "certiorari pool" describes the

practice by which Supreme Court law clerks work together to evaluate each petition.

The issue of employer liability for employee injuries sustained at work illustrates that

there are certain areas of law that courts are not allowed to rule on. many areas of civil law have been constructed by judicial messages to other judges rather than by laws passed by legislatures. individuals need not have standing to sue in federal court.

In which type of case does the supreme court have original jurisdiction

any case involving an ambassador

Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?

the solicitor general

The Court’s power to review acts of Congress has not been seriously questioned because

the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years

The phrase stare decisis means

"let the decision stand."

When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion.

a per curiam

Prior cases whose principles are used by judges to decide current cases are called

precedents.

Each supreme court justice is assigned clerks

4

The number of cases filed in the supreme court has

increased dramatically since 1940. decreased dramatically since 1940. remained the same since 1940. decreased between 1940 and 1965 but increased since 1965.

There are ___ U.S district courts

94

Trial courts in the federal judicial system are called

district courts.

The requirement of standing means that parties in a case must

have a concrete injury or interest at stake

Which of the following best describes the role of the solicitor general?

the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party

Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

judicial review

What was known as the court-packing plan?

the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional

What is common law

law made by judges through their decisions, not though specific statutes

Each of the following has been a method by which the federal courts have expanded their power, except

narrowing the discretionary authority of the president over foreign affairs and diplomacy

In 2009 president obama’s first appointment to the us supreme court was

John Roberts. Sonia Sotomayor. Anthony Kennedy.

What was the basis of Justice John Marshall’s assertion that the federal courts have the power of judicial review?

It is the duty of the courts to say what the law is, therefore it is necessary for the courts to interpret and expound upon the law.

Why has partisan conflict surrounded federal judicial appointments in recent years?

The federal courts play an important role in shaping American law and politics

What is the significance of dissenting opinions?

Dissents are signs that the Court is in disagreement on an issue and could change its ruling.

Which of the following is part of the Miranda rule?

Arrested people have a right to remain silent.

Why is the Supreme Court case of Marbury v. Madison important?

In this case, the Court authorized itself to exercise judicial review over laws passed by Congress.

Which of the following statements about federal courts is most accurate?

Although the federal courts hear only a small fraction of all the civil and criminal cases decided each year in the united states, their decisions are extremely important because they interpret the constitution and the federal laws that govern all americans.

What was the Supreme Court’s ruling in 1948 regarding restrictive covenants?

Individuals had the right to discriminate in private contracts, but courts could not enforce these contracts.

Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.

Thirty minutes

A writ of habeas corpus declares that

the government must show a legal cause for holding someone in detention.

If someone is an advocate of judicial restraint, he or she believes

in looking only at the words of the Constitution in order to understand its meaning.

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

reviewing requests for stays of execution

Cases between two or more states are originally heard by

the Supreme Court.

A single lawsuit involving thousands of smokers suing a tobacco company would be a good example of

a class action suit.

Activist judges believe that the courts should

go beyond the words of a constitution or statute to consider the broader societal implications of its decisions.

If an individual is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied the

due process of law

When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)

concurrence

Which of the following statements about Congress’s delegation of power to the executive is most accurate?

Since the New Deal, the courts have not struck down any congressional delegation of power to the executive branch as impermissibly broad. Since the New Deal, the courts have frequently struck down congressional attempts to delegate powers to the executive branch as impermissibly broad.

When a case is resolved through a negotiated agreement before a full trial is completed, it is called

a plea bargain.

Which of the following statements best describes the composition of the federal judiciary?

There are far fewer women than men and far fewer Hispanics than African Americans.

What did the framers call the "least dangerous branch"?

the Supreme Court

When interest groups involved in litigation pursue a pattern-of-cases strategy, they are

bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review.

Which of the following is the essence of the rule of law?

Every state must judge government officials by the same laws as its citizens are judged.

In what type of law is the government always the plaintiff?

criminal law

The increase of administrative agencies since the New Deal has resulted in a(n)

delegation of power by Congress to administrative agencies.

What is the Uniform Commercial Code?

a federal law establishing common practices in each state regarding commercial affairs a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions in contract law cases judicial guidelines established by the Supreme Court explaining the meaning of federal economic regulations a set of federal codes establishing common practices in each state regarding international commercial affairs

Cases such as Brandenburg v. Ohio, Loving v. Virginia, and Griswold v. Connecticut illustrate that

the Supreme Court has the authority to overturn state statutes that contravene rights and privileges guaranteed under the Constitution.

In what year was Marbury v. Madison decided?

1803

Most cases reach the Supreme Court through the

writ of certiorari.

Approximately what percentage of all court cases in the United States are heard in federal courts?

1%

The area of authority possessed by a court, in terms of either subject area or geography, is called its

jurisdiction.

Why was the Supreme Court’s decision in Ricci v. DeStefano important?

It held that, in order to seek damages, employees must show that employment tests for promotion are clearly defective, rather than that they produce unequal outcomes based on race or gender.

The case Baker v. Carr concerns

apportionment of legislative seats.

Which of the following statements best describes the Supreme Court?

The Court has limited discretion to decide which cases it will hear and it is forced to hear many cases that address only narrow, technical issues of federal law. The Court has limited discretion to decide which cases it will hear, and it is forced to hear only those cases that raise the most important issues of federal law. The Court has broad latitude to decide which cases it will hear and generally hears only those cases it deems to raise the most important issues. The Court has broad latitude to decide which cases it will hear and generally avoids those cases that it deems to raise the most important issues

The power of the Supreme Court to review state actions and legislation comes from

Marbury v. Madison.

The written document in which attorneys explain why the court should rule in favor of their client is called a(n)

brief

The size of the U.S. Supreme Court is set by

Congress

The doctrine of ______ requires courts to follow authoritative prior decisions when ruling on a case.

stare decisis

Andrew Jackson reputedly said, "John Marshall has made his decision, now let him enforce it." What did he mean by this statement?

The Supreme Court is unable to enforce its decisions without the aid of the executive branch.

If a private individual brought a suit against a corporation for breaking a contract, what kind of law would this involve?

civil

In recent years, federal court appointments have

been characterized by intense partisan and ideological efforts to support or defeat the candidate.

Why did many Republicans oppose President Obama’s nomination of Sonia Sotomayor to the Supreme Court?

She supported affirmative action.

In Roe v. Wade, the Supreme Court was required to rule on the issue of ______, due to the fact that the pregnancy had already come to term.

mootness

Senatorial courtesy describes the practice of

permitting senators to officially swear in home-state district court judges. allowing senators to nominate members to the federal judiciary. senators from a president’s party approving of a judicial nominee from their home state. including home-state senators in the formal vetting of district and circuit court judges.

Which of the following was not a case involving the Supreme Court overturning a state law?

Marbury v. Madison Brown v. Board of Education Griswold v. Connecticut Brandenburg v. Ohio

All of the following are part of the official jurisdiction of the federal courts except

treaties with other nations. cases involving the U.S. Constitution. cases involving citizens from the same state. any case in which the U.S. government is party.

In most circumstances, a supreme court is best described as a(n) ______ court.

trial advisory appellate elected

What is the main function of the chief justice of the Supreme Court?

The chief justice decides what cases will be heard by the full Court each term. The chief justice presides over the Court’s public sessions and private conferences. The chief justice is also the constitutional adviser to the president. The chief justice is the constitutional adviser to Congress.

Original jurisdiction refers to

the Constitution as the supreme law of the land. the court with the authority to hear a case first. the highest court with the power to overrule other courts. the president’s power to appoint federal judges.

Which of the following is not a traditional limitation on the power of the federal courts?

strict rules of standing the ability of Congress to reduce federal judges’ salaries the inability of the courts to offer relief to whole classes of people the inability of the courts to act on their own initiative

Which of the following is not a specialized "legislative court" created by Congress?

the Court of International Trade the Court of Federal Claims the Court of Federal Territories the Court of Military Appeals

Which of the following kinds of cases are not likely to be accepted by the Supreme Court?

Cases in which the federal government is an appellant. Cases that address state laws but that do not raise constitutional issues. Cases that involve conflicting decisions by federal circuit courts. Cases that raise important questions about civil liberties.

The assignment of the opinion in a Supreme Court case is

unimportant because the final vote of the justices is the only statement that carries any weight in future cases. important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation. unimportant because all justices usually describe their decisions in exactly the same way. important because every word of a decision is legally binding.