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Politics of the United States
Terms in this set (75)
Why is venue shopping important?
it allows individuals and groups to seek a court where they might receive a more favorable ruling
what is a courts appelate jurisdiction?
the authority courts and change or uphold them
in Brown v. Board of Education (1954), the Warren court moved aggressively to protect minority rights even though its actions were opposed by many state legislatures. the warren court's ruling in Brown is an example of:
while the number of cases submitted to the supreme court has ______, the number of opinions the court issues has ______.
what is an advantage of using the Missouri plan
it mitigates the effects of partisanship in judicial selection and holds judges accountable to the people
the process of sharing evidence before a trial, known as discovery is a key part of
the adversarial system
______ of the US constitution created the US supreme court
While a strict constitutionist take a _____ view of the constitution, a justice who believes in _____ focuses on the perspective of the founders at the time that they wrote the constitution
literal; original intent
Which of the following correctly orders courts from lowest to highest?
District courts, appeals courts, supreme court
the early details of the supreme court, including setting the number of justice at 6 and determining its internal organization, were established in
the judiciary act of 1789
the image of justice as a blindfolded woman holding a set of scales is
somewhat misleading because politics affects everything from the selection of judges to the decisions they make
which of the following are constitutional criteria for determining when the supreme court will hear a case?
collusion, mootness and standing
a president can counter the influence of a court decision by
not allocating the resource necessary for enforcing that decision
under what conditions is the chief justice more likely to set aside the chief jurisdiction's own policy views and assign an opinion to a justice with a different ideological views
when there is a fragile support for a majority position favored by the chief justice
the significance of the court asserting its power to review the constitutionality of laws passed by congress is that it
allowed the court to become an equal partner in the institutional balance of power
how does the supreme court gain compliance with the decisions it issues?
it relies mainly on the cooperation of congress and the president
When the supreme court refuses to take actions that are outside of the judicial domain and should be decided by elected officials, they are avoiding what are known as:
when the supreme court interprets a law passed by congress, it is engaged in
which of the following was part of the judiciary act of 1789?
it created both federal courts and district courts
unlike the first hundered years of supreme court's history, more recent supreme courts have displayed an increased tendency toward
expressing minority views through dissents
the election of state judges can make courts more ______, but it potentially undercuts their role in ______
responsive to public opinion; protecting minority rights
the senates confirmation hearing for judge Robert borkes appointment to the US supreme court were notable because:
the senate aggressively attacked borrkes character and record in a public way
why is standing an important criterion for the supreme court
it allows the supreme court to duck gearing politically sensitive cases by ruling that the plaintiff does not have standing
which of the following would submit an amicus curiae brief?
most proponents of strict constructionism, including justice scalia, argue that if the text of the Constitution is ambiguous, then a judge should:
figure out what the words generally meant to people at the time they were written
the intermediate federal courts that hear appeals from district courts are known as
why are senior judges used in appelate cases
to help reduce the appelate court system's overall workload
all of the following are common criticisms of strict constructionsism except:
strict constructionism stifles any meaningful debate about the constitution
what is a writ of mandamus
an order issued to a lower court, government official, or agency to perform acts required by law
rile 10 of the riles of the supreme court of the united states says that a case is more likely to be heard under all of the following conditions except
when a lower court decision is inconsistent with or contrary to the original intent of the framers of the constitution
although judges are bound to follow previous legal interpretations, their political views still matter because
there are often multiple legal justification for any decision in a case
one of the surest signs the supreme court is going to agree to hear a specific case is
if the solicitor general is a party to the case
which of the following lists accurately describes the order in which the supreme court acts
submission of briefs, oral argument, conference, writing of opinion
When the supreme court resolves conflicts among lower courts in the interpretation of the law, the principal effect is to
ensure consistent application of the law across the united states
before nominating someone for an open seat on a federal district in wisconsin, the president consults with the senator from wisconsin who shares the president's party label. this is an example of what?
common law is a system by which a court
makes legal decisions on the basis of earlier decisions by other courts
the individual or group that appeals the decision of a lower court is the
what is an example of a class action lawsuit?
the 1.5 million current and former female walmart employees who recently sued walmart for sex discrimination
franklin roosevelts court packing plan was designed to
force the supreme court to rule in favor of his new deal elgislation
which of the following is a case that would bypass the appeals courts and go directly to the supreme court?
a case involving a foreign ambassador
the practice of judicial review
has spread thought so called third wave democracies around the world
what is precendent
a previously decided case that other courts use as guide
a special occurrence is one in which
a justice agrees with the outcome but not with the rationale
which of the following factors influence which justice will be assigned the task of writing a majority opinion?
political factors, such as how others might respond to the opinion
by embracing the concept of dual federalism throughout the nineteenth century, the supreme court
showed that it was unwilling to use judicial review to overrule states
in November 2013, democrats sped up the confirmation process of federal judges (except for those to the supreme court) by doing what?
eliminating the filibuster for such positions
A dissenting opinion is often written by a supreme court justice for the purpose of
providing the basis for reversing a poorly reasoned case
in what percentage of cases submitted to the supreme court does the court grant a hearing and submit a deciosn
of the thousands of cases submitted to the us supreme court each year, why does the court -- aside from the obvious workload considerations--- hear only a small minority of them?
many of the submitted cases are frivolous
how much detail does the constitution provide about the requirements for federal judicial service compared to the requirements to serve as president or in congress?
it provides less detail about federal judicial service
why did brown v board of education eventually lead to school desegregation?
president eisenhower and kennedy were willing to federalize the national guard to enforce the ruling at schools and universities
what does the strategic model of the supreme court decision making emphasize?
how the justices account for the views of the other justices when deciding how to act
although judicial review is an accepted part of the US political system, critics of judicial review contend that it
is undemocratic because it gives nine unelected judges enormous pwer
why does a president typically use partisanship as criterion in selecting nominees to the supreme court
the president wants to choose a nominee with similar political views to advance the president's legacy
the group of cases submitted to the supreme court for its consideration is called its
who is responsible for enforcing most court decisions?
if a neighbor accidentally backed his car into the fence that divides your property, destroying a large section of it, you sued your neighbor in court damages, you would be the:
`which of the following is a difference between criminal and civil cases
the standard of proof is lower in civil cases
the term senatorial courtesy refers to
the president deferring to members of the president's party from each state in choosing nominees to district courts
what does the attitudinal model of supreme court decision making emphasize?
the political views of conservative judges and liberal judges
the most direct action the supreme court can take to gain compliance is to
issue narrowly written opinions on visible cases
what is the purpose of submitting an amicus curiae brief?
amicus curiae briefs allow interest groups and other organizations to convey their opinions to the court
what was the principal effect of marbury v. madison (1803) on the supreme court?
it gave the court the ability top rule on whether laws violated the constitution
what was the justification for refusing to issue marbury his commission in marbury v madison (1803)
the supreme court could not issue the order to someone holding federal office cause it was not part of the supreme court's original jurisdiction outlined in the constitution
how are judges selected under the Missouri plan?
they are nominated by the governor from a list approved by a non partisan committee
in which of the following is it possible for judges to face election
any unsigned opinion submitted by the entire supreme court is called a
per curiam opinion
the supreme court waited two years to issue its opinion in brown v board of education because
it was sensitive to how the public would react to it's decision
the person responsible for litigating in behalf of the federal government is the
which of the following is the most severe restriction on the supreme court's policy-making role
the court cannot set the judicial agenda and can only choose from cases appealed to it
an opinion written by a supreme court justice who agrees with a case but does not agree with its legal logic called a
if a neighbor accidentally backed his car into the fence that divides your property, destroying a large section of it, and you sued your neighbor in court for damages, your neighbor would be the
which of the following is not a way that congress can check the power of the courts
refusing to enforce a decision
the individual or group that defends the decision of lower court on appeal is called the
cases heard by the supreme court under its appellate jurisdiction arrive there because
a litigant who lost in a lower appellate court has convinced the justices to hear the case
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