Chapter 14 the courts/ Chapter 6 CA law

On whom does the Supreme Court rely for an initial screening of the thousands of petitions of writs of certiorari that are submitted each year?

A pool of clerks to the justices

The _____ regularly evaluates potential appointees for federal courts using a three-value scale of "well qualified," "qualified," and "not qualified."

American Bar Association

All cases appealed to a federal appeals court are heard by the full court.

False (Appeals may be heard by a three-judge panel within a circuit court.)

The Constitution established the hierarchy of federal courts.

False (Article III of the Constitution established the federal judicial system, including the Supreme Court, but gave Congress authority to establish lower courts. The Judiciary Act of 1789 established district and circuit courts.)

Chief Justice John Roberts was confirmed by a unanimous vote of the Senate.

False (Chief Justice Roberts received the unanimous vote of the Republican senators but not of the Democratic senators.)

If the chief justice sides with the majority in a decision, he or she must write the majority opinion.

False (The chief justice may write the majority opinion or assign that duty to another justice voting with the majority.)

Decisions of the Supreme Court must be announced within a month of the conclusion of oral arguments.

False (There is no time limit on the deliberations of the Supreme Court.)

Describe due process of law

Fourteenth Amendment, no state may deprive any person of life, liberty, or property without due process of law

Criminal cases (Pg 374)

court cases involving a crime, or violation of public order

A case that is tried in a state court in one of the 50 states can be appealed to the federal court system.

true (If a case tried in a state's criminal court involves federal issues and the defendant has exhausted all of his or her state appeals, filing a writ of habeas corpus enables the defendant to appeal to a U.S. district court. A party who has lost all appeals in a state court system can file a petition for a writ of certiorari with the U.S. Supreme Court.)

How many circuit courts are in the federal judicial system?

Eleven numbered circuits plus one for the District of Columbia and a federal circuit

Identify 5 major factors that influence the decisions of the Supreme Court

1. Existing laws 2. Personal views of the justices 3. Justices interactions with one another 4. Social forces and public attitude 5. Congress and the president

3 Types of Federal Courts

1) U.S. District Courts 2) U.S. Appeals Courts 3) U.S Supreme Court

Which of the following is NOT a source of information about how a nominee for a judicial position is likely to vote on controversial cases?

A pledge by the nominee during confirmation hearings to vote for or against a side in a hypothetical case

How many district courts are in the federal judiciary system?

94

amicus curiae brief (Pg 379)

A brief filed (with the permission of the court) by an individual or group that is not a party to a legal action but has an interest in it.

Which of the following cases would be tried in a state court rather than a federal court?

A civil case in which the plaintiff sued the defendant for violating a contract and both parties lived and worked in the same state

judicial activism (pg 381)

A judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions.

judicial restraint (pg 381)

A judicial philosophy by which judges tend to defer to decisions of the elected branches of government.

senatorial courtesy (pg 385)

A norm under which a nomination must be acceptable to the home state senator from the president's party.

Which of the following is the BEST definition of a defendant?

A person or organization accused of violating a law or of denying the plaintiff's rights or entitlement to money damages

Define appellate jurisdiction and list the type of courts that have it

A person who loses a case in a trial court may wish to appeal a decision. Then he or she may take the case to a court with appellate jurisdiction

What is a blue slip?

A written request by the chair of the Senate Judiciary Committee asking the senators representing a state where a district court judge has been nominated to approve the nomination

federal question (Pg 378)

An issue covered by the U.S. Constitution, national laws, or U.S. treaties.

the rule of four (Pg 379)

An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the U.S. Supreme Court.

Crimes are to be tried by juries in the state in which the crime was committed.

Article III of the U.S. Constitution

Explain how federal court justices are selected

By the President with advice and consent of the senate

List the 5 types of cases most often argued before the Supreme CourtIdentify what most cases involve in which the Supreme Court hears

Civil liberties, economics, federal legislation and regulations, due process of law, and suits against Government officials

Who created the federal courts of appeal?

Congress in the Judiciary Act of 1891, commonly known as the Evarts Act, established nine courts of appeals, one for each judicial circuit at the time. The Act created another judge position for each circuit, identified in the legislation as the circuit justice.

Where do federal courts derive their power from?

Constitution and federal laws

Civil cases (Pg 374)

Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce.

U.S. District Courts (Pg 375)

Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins.

U.S. Courts of Appeals (Pg 375)

Courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.

In the discovery phase of a civil suit, who is granted the right to information relevant to the case?

Each party to the suit has the right to information held by the other party.

U.S. District Courts

Established by Article III of the Constitution. U.S. District Courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty.

Which question arose from the case of Marbury v. Madison (1803) that was fundamentally important to the future of the new republic?

If a congressional law clashes with the U.S. Constitution, which takes precedence?

Justices of this type use the power of judicial review to make case law.

Judicial activism

Proponents of this judicial theory contend that its use protects minority rights.

Judicial activism

Proponents of this judicial theory contend that the Court should leave lawmaking to those who were elected by the people the laws will govern.

Judicial restraint

These judicial theorists are hesitant to overturn laws out of respect for established lawmaking practices.

Judicial restraint

Which U.S. Supreme Court case established that Obamacare was constitutional?

National Federation of Independent Business v. Sebelius (2012)

In addition to the U.S. Supreme Court, how many courts are created by the U.S. Constitution?

None

The first person to serve as a Supreme Court justice who was not a white male Christian was ________.

Louis Brandeis, who was Jewish

Juries are to be composed of "honest men of the neighborhood."

Magna Carta

Which of the following criminal cases can be tried in federal court?

Mail fraud

Which U.S. Supreme Court case established the power of judicial review?

Marbury v. Madison (1803)

Name the court case that gave the surprise court "judicial review"

Marbury vs. Madison

Why did states refuse to adopt the constitution?

Other Federalists claimed that the new government could not violate the people's rights because it only had limited powers. However, most state legislatures refused to ratify the Constitution without the Bill of Rights being added to the document.

According to the author of the excerpt, who might find jury duty fun?

People employed by government or corporations that continue to pay salary during jury service Individuals who are free to put work on hold while on jury duty

Which constitutional power of Congress was used to establish the individual mandate under Obamacare?

Taxation

The Supreme Court of 2018 lacks diversity in terms of ________.

Public Service

Which two justices are recent additions to the Supreme Court, appointed by President Obama?

Sonia Sotomayor and Elena Kagan

Why were Stake and Burke sentenced to time in a federal prison, according to the article?

Stake and Burke plead guilty and were sentenced by a federal court.

Explain where state courts derive their power from

State constitutions and laws

Most federal cases are heard at which court level?

State courts handle by far the larger number of cases, and have more contact with the public than federal courts do. Although the federal courts hear far fewer cases than the state courts, the cases they do hear tend more often to be of national importance. Think of the court cases you have heard the most about. Superior courts in California.

Who is the last interpreter of the constitution?

Supreme Court is the protector and final interpreter of the Constitution

U.S. Claims Court

The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims and abolished in 1982.

List and explain the two types of juries in criminal cases in federal districts Define indictment List how many federal district court regions there are in the US

The Grand Jury: 16-23 people hears charges against a person suspected with a crime, and the Petit Jury is a 6-12 person trial jury who decides whether the person person is guilty or not. A formal accusation charging a person with a crime 12 judicial circuits or regions with 1 appellate court in each circuit

Which court was created by the constitutions?

The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court but left to Congress the authority to create lower federal courts as needed.

Who created the federal district courts?

The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.

Due process protections guaranteed to those accused of crimes include the right to a speedy and public trial and the right to be confronted with witnesses.

The Sixth Amendment

Which of the following statements about judicial review is NOT true?

The Supreme Court has the power to review the facts of a district court case according to the concept of judicial review.

U.S. Supreme Court

The U.S. Supreme Court was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. In the legal system of the United States, the Supreme Court is the final interpreter of federal constitutional law, although it may only act within the context of a case in which it has jurisdiction.

U.S Court of International Trade

The United States Court of International Trade, formerly the United States Customs Court, is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The Court has nine sitting Judges, as well as Senior Judges. The Court sits in New York City, although it is authorized to sit elsewhere, including in foreign nations.

concurrence (pg 381)

The agreement of a judge with the Supreme Court's majority decision, for a reason other than the majority reason.

original jurisdiction (Pg 377)

The authority of a court to hear a case before any other court does.

Which of the following occurs when a case is remanded?

The case is sent back to the court where it was last tried for a new trial.

Which of the following is an accurate statement about judicial power or judicial restraint?

The case of Brown v. Board of Education exemplifies judicial activism because the Court uses the power of judicial review to overturn its own decision in Plessy v. Ferguson and laws in the South to find racial segregation to be an unconstitutional violation of the Equal Protection Clause of the Fourteenth Amendment. The case of Plessy v. Ferguson exemplifies judicial restraint because it finds that it is up to the discretion of the legislature of the state of Louisiana to regulate in such a way as to preserve public peace and good order.

Which statement is NOT true about both the Gratz and Grutter cases?

The court found in favor of the plaintiff

Describe the importance of the Miranda vs. Arizona decision

The court has used judicial review to influence public policy at the state level in the areas of racial segregation, reapportionment of state legislatures and police procedures, brought major changes in law enforcement across the nation

dissent (pg 381)

The disagreement of a judge with a majority decision.

argument (pg 381)

The heart of a judicial opinion; its logical content separated from facts, rhetoric, and procedure.

judgment (pg 381)

The judicial decision in a court case.

Recall where the majority of cases the Supreme Court hears comes from and define it

The main route to the Supreme Court is through writ of certiorari, this is an order from the court to a lower court to send the records on a case for a review

What happens if the Supreme Court declines to review a case?

The ruling of the lower court is final.

solicitor general (Pg 379)

The third highest official of the U.S. Department of Justice, and the one who represents the national government before the Supreme Court.

Which of the following is true of the federal courts?

There are 12 regional circuits; each has a U.S. Court of Appeals that operates with three-judge panels to hear appeals cases. Appeals made from the U.S. Courts of Appeals to the U.S. Supreme Court are often rejected. The federal judiciary is structured with three layers including, from bottom to top: district courts, U.S. Courts of Appeals, the U.S. Supreme Court.

First African American to be appointed to the Supreme Court

Thurgood Marshall

Although appointees to judgeships are expected to put aside their political philosophies and party affiliations when deciding cases and to base their decisions solely on interpretation of laws and the Constitution, their nominations and confirmations are often based on partisan politics of the president and senators.

True

Which legal procedure supports the argument that the American judicial system should fit a pluralist rather than majoritarian model?

class action

In Dred Scott v. Sanford (1857), the Supreme Court denied the right to citizenship to African Americans and denied Congress the power to prohibit slavery in U.S. territories.

True (The decision of the Court in Dred Scott v. Sanford allowed the perpetuation of enslavement of African Americans. The Fourteenth Amendment reversed this decision.)

Judicial review is the authority of the federal judiciary to declare state or federal laws or the actions of the executive branch unconstitutional.

True (The judicial branch of the federal government has the authority to review the constitutionality of state and federal laws as well as actions of the executive branch.)

U.S. Appeals Court

U.S. Appeals Courts are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.

U.S. Bankruptcy Courts

U.S. Bankruptcy Courts, are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code, (see 28 U.S.C. § 1334(a)), and bankruptcy cases cannot be filed in state court.

U.S. Territorial Courts

U.S. Territorial Courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause.

The Supreme Court decision in ____________ struck down bans on same-sex marriage.

United States v. Windsor

Jury service is required of citizens who are selected from lists of residents, registered voters, or recipients of drivers licenses or state identification.

Various state laws

Although originally nominated as an associate justice, who did John Roberts ultimately replace as Chief Justice after his resubmitted nomination in 2005?

William Rehnquist

docket (Pg 378)

a court's agenda

plea bargain (Pg 374)

a defendant's admission of guilt in exchange for a less severe punishment

precedent (Pg 376)

a judicial ruling that serves as the basis for the ruling in a subsequent case

Most criminal cases end in

a plea bargain.

class action (pg 393)

a procedure by which similarly situated litigants may be heard in a single lawsuit

A jury trial is a(n) ________ process.

adversarial

A concurring opinion written by a Supreme Court justice expresses ________.

agreement with the majority opinion but citing different reasoning

The California Supreme Court automatically reviews

all death penalty cases.

For which federal courts does appointment of judges or justices require nomination by the president and confirmation by the Senate?

all three levels of federal courts

In confirmation elections for appellate and supreme court justices, voters

almost always approve the governor's appointees.

Many civil cases end when the parties settle, or when the charges are simply abandoned and dropped. But if a case is not settled and not abandoned, it ends with

an adjudication.

An amicus curiae brief can be filed in a federal court by ________.

any party that has an interest in a case

Most California judges first gain their posts through

appointment by the governor.

Public defenders

are used in about half of all felony cases.

Although the rulings of the federal judiciary are not bound by the prevailing beliefs of the majority of citizens, judges and justices often factor popular opinion into their decisions because ________.

as members of society, they consider the ramifications of their decisions on the population as a whole

Federal district courts try ________.

both criminal and civil cases

The most important brief(s) presented before oral arguments in a Supreme Court case is (are) filed by ________.

both parties to the case

How do state courts avoid review by the U.S. Supreme Court?

by basing decisions solely on state law

One of the two ways that judges make policy is to rule on matters that no existing legislation addresses thereby setting precedents. This leads to the creation of

common law.

If a state law appears to conflict with national laws or treaties, the federal courts

can invalidate it.

The courts decide _______ when disagreements arise from disputed claims to something of value.

civil cases

Early in its history, the Supreme Court faced an issue of major importance that would shape the republic; that is, what happens when a law enacted by Congress

clashes with the U.S. Constitution.

Like state courts, the federal courts are organized in three tiers like a pyramid. The Supreme Court is on the top, the _______ are in the middle, and the ________ are on the bottom.

court of appeals, district courts

Judicial restraint refers to the general philosophy that judges should

defer decisions to the elected branches of government..

The verdict of a jury trial can be appealed to a higher court, which is empowered to ________.

determine whether the lower court verdict correctly interpreted the law

Quite often, one or more Supreme Court justices entirely disagree with the majority decision. They express their opposing views in what is called a(n)

dissent.

Most federal cases are resolved by ________.

district courts

President Trump did not mention banning Muslims from entering the United States during his campaign.

false

President Trump's first travel ban was upheld by lower courts.

false

The Warren Court is characterized as being conservative in its decisions in controversial cases.

false (The Warren Court is considered to have been liberal because of its decisions in favor of individual rights.)

For how long can a judge serve on a federal appeals court?

for life

Why was lifetime tenure for federal judges established?

free the judiciary from executive or legislative control.

California's "three strikes" law

increased the state's prison population and spending on prisons.

President Franklin D. Roosevelt planned to "pack the Court" by ________.

increasing the number of justices on the Supreme Court to fifteen

What is the term used to describe making policy through court decisions rather than through the legislative or electoral process?

judicial activism

The landmark ruling in Marbury v. Madison (1803) established the Supreme Court's power of

judicial review.

The first chief justice of the U.S. Supreme Court refused to resume the position after his first tenure because he felt the Supreme Court

lacked the wherewithal to contribute to national affairs.

common, or judge-made, law (Pg 374)

legal precedents derived from previous judicial decisions

Judicial review allows the U.S. Supreme Court to undo which type of government decision?

legislation and executive orders (both of these)

_________ create, amend and repeal criminal laws.

legislatures

stare decisis (Pg 376)

literally, "let the decision stand"; the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled

Pretrial agreements in criminal cases are known as

plea bargaining.

What concept appears to be at the center of today's decisions on judicial appointments?

political ideology

What informal agreement do Supreme Court justices rely upon when considering adding new cases to the docket?

rule of four

Public opinion is not always reflected in Supreme Court decisions. For five decades most Americans have disagreed, and still disagree, with its consistent rulings on

school prayer.

At the 1991 confirmation hearing for Clarence Thomas for a position as an associate justice on the Supreme Court, Anita Hill accused the nominee of ________.

sexual harassment

Senatorial courtesy refers to the process that allows the Senate to

share the judicial nomination power with the president.

Confirmation of nominees for judicial positions requires a ________ vote by the Senate.

simple majority

Which Latin expression refers to the bias toward existing rulings, that is, the tendency for courts to rely on precedent?

stare decisis

The court of final appeal in California is the

supreme court.

California judges may be removed by

the Commission on Judicial Performance or the voters.

The judicial system in the United States is based on ________.

the English judicial system

Judicial review allows the Supreme Court to limit the power of all of the following EXCEPT _________ by declaring its actions to be unconstitutional.

the United Nations Security Council

appellate jurisdiction (Pg 378)

the authority of a court to hear cases that have been tried, decided, or reexamined in other courts

When an initiative approved by the voters is challenged in the courts,

the courts may overrule the initiative if they find it unconstitutional

If an even number of justices are deciding a case because of a vacancy on the Court or the recusal of one of the justices, and the voting justices are tied, ___________.

the decision of the lower court stands

blue slip (pg 385)

the failure of a senator to return a blue slip signals the end of the road for a judicial nomination

Which area of government determines the compensation received by federal judges?

the legislative branch

Common law refers to ________.

the precedents of judges' rulings in cases where no statutory law is applicable

Justices exercising judicial activism in making their decisions rely heavily on _________.

their own preferences in projecting the likely outcomes of their interpretation of a law and of the Constitution

Justice Sonia Sotomayor issued a dissent in the Court's decision.

true

The ban upheld by the Supreme Court barred individuals from some non-Muslim countries.

true

Attorneys representing the two parties to a case, ________, present oral arguments before the Supreme Court.

without participation of other interested parties

What is the most critical function of the Supreme Court justices?

writing opinions