The great majority of America’s judicial business is transacted in:
state courts of original jurisdiction
One of the differences between criminal law & civil law is that in civil law:
there is no charge that a law has been violated
Not everyone can challenge a law. Litigants must have what is called ___, meaning that they must have a serious personal stake in the case, typically determined by whether or not they have sustained or are in danger of an injury.
standing to sue
The constitution specifically provided that there would be a supreme court:
but left it to the discretion of congress to establish lower federal courts of general jurisdiction
Courts of original jurisdiction are
An important player at the district court level in each district is the ___, nominated by the president and confirmed by the senate. He or she serves at the discretion of the president.
United States attorney
Which of the following statements about the selection of Supreme court justices is FALSE?
Senators play a greater role in the recruitment of supreme court justices than in the selection of lower court judges.
Senators have dominated the selection of judges for the federal district courts through:
the custom of senatorial courtesy
The first woman appointed to the US supreme court was:
Sandra Day O’Connor
The first African american to serve on the supreme court, who had been the NAACP’s lead attorney in brown v. board of education, was:
A writ of certiorari:
is used by the supreme court to call up a case
The ___ is a presidential appointee who is in charge of the appellate court litigation of the federal government, works out of the Department of Justice, and can have an important influence on the Supreme Court.
Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ___ briefs, raising points of view and presenting information that they hope will influence the Supreme Court’s decision
amicus curiae briefs
Stare decisis means that cases are:
decided on the basis of precedent
Judicial review means:
the right of the courts to determine whether executive or legislative acts are or are not constitutional
A per curiam decision is a
decision without explanation
The proposal to add justices to the supreme court, known as the “court packing plan” to critics, was made by President ___ who wanted to be able to appoint justices more sympathetic to his philosophy than the “nine old men”
One of the most active Supreme courts in shaping public policy in areas of desegregation and the rights of the accused was the
Democratic theorists criticize the courts on the grounds that they are
not representative of the people or majority public opinion
When a higher court hears a case that has previously been decided at a lower level, it is using its authority of:
Most cases reach the US Supreme Court through:
the appellate jurisdiction of the court & granting a writ of certiorari (A & B only)
The US Supreme Court makes its decisions:
in judicial conference
Justices on the losing side can write which type of opinion?
Which one of the following is not part of the federal judicial system?
State Supreme Court
When a brief is filed by a group that is not a party to a case but the group wants it’s concern included in the case’s outcome, the brief is called:
When nominating a justice to the US supreme court, presidents
select a nominee who shares their judicial philosophy
Using judicial precedent means:
a court’s decision on a case should be consistent w/ previous rulings
A court exercising judicial restraint would most likely:
defer to the judgement of legislatures & other elected officials, & respect precedent. (1& 2)
The doctrine of judicial activism would suggest that the supreme court:
should interpret the law to protect rights of individuals to achieve social justice & protect people from unreasonable government interference in their lives (3& 4)
A concurring opinion:
is delivered when a justice agrees with the majority’s decision, but for different reasons.
The federal district courts are:
all of the above
US Courts of appeal:
review decisions from district courts.
The US court of military appeals is an example of what kind of federal court?
special US courts
T/F: More than 90% of court cases begin and end in the court of original jurisdiction.
T/F: The majority of all the criminal cases in the US are heard in state and local court systems, not in the federal courts.
T/F: The vast majority of civil cases that commence in the federal courts are settled by a jury.
T/F: Although most federal litigation ends in district court, a large percentage of these cases that district court judges actually decide are appealed by the losers.
T/F: A distinguishing feature of the american judicial system is the potential for appeals, as well as the length of time it takes to reach a final resolution in cases.
T/F: The constitution sets the number of supreme court justices at nine.
T/F: Only members of the supreme court are called justices; all others are called judges.
T/F: Amicus curiae briefs may only be filed by formal litigants in a particular case being heard by the supreme court.
T/F: The vast majority of cases reaching the federal courts are settled on the basis of stare decisis.
T/F: The right of judicial review was first established definitively in the case of McCulloch Vs. Maryland
T/F: The supreme court sits in a “marble palace” and is insulated from the normal forms of politics.
T/F: Advocates of judicial activism emphasize that the supreme court’s decisions on such issues as abortion & school prayer go well beyond the “referee” role they feel is appropriate for courts in a democracy.
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