federal gov- exam 2 chapter 15: the federal courts

Place in order, from first to last, the process by which the Supreme Court accepts and reviews a case. Note that this list represents only a few of the steps of the sequence.

-A petition for a writ of certiorari is filed. -The Court grants a writ of certiorari. -Oral arguments commence. -The justices convene a conference to make a decision.

Which of these are the most salient and accurate criticisms of the Supreme Court's increasing reliance on the shadow docket?

-Cases on the shadow docket go through an accelerated process in which full briefs are not filed, no oral arguments are heard, and justices do not provide lengthy opinions that describe their reasoning. -Although the shadow docket previously was used sparingly for uncontroversial petitions or emergencies, it is increasingly being used on controversial cases, such as the COVID-19 restrictions and the Texas six-week abortion ban.

Why is legal precedent important to the courts?

-Courts apply principles from prior cases to the current case. -Attorneys will use precedent from previous cases to argue for their clients.

Unless subsequently heard by the Supreme Court, the decisions made by federal appeals courts are final. How does the system attempt to mitigate the danger of such a provision?

-Each circuit has a Supreme Court justice assigned to it to handle special requests for action by the Supreme Court. -Multiple judges serve on every appeals case.

Which of the following are examples of civil law?

-Homer and Marge go to court to settle the custody of their children in a divorce. -George sues Jerry over damages that he alleges Jerry did to his fence.

Which of the following are factual limitations on the power of federal courts?

-The courts cannot exercise power on its own initiative. -The courts must depend on other branches to enforce its rulings.

Which of the following led to an expansion in the power of the federal judiciary in the post-World War II era?

-The federal courts expanded the concept of standing, which allowed almost any group hoping to challenge the actions of an administrative agency to bring a case before a federal court. -The federal courts broadened the scope of remedies they could provide by permitting suits on behalf of broad categories or classes of persons in "class-action" cases. -The federal courts began to use structural remedies by retaining jurisdiction over a case until the court's ruling had actually been implemented to its satisfaction.

What is the basis of the Supreme Court's power of judicial review?

Judicial review was established in the Marbury v. Madison decision.

Which statement best describes the role of political ideology in justices' decisions?

Justices regularly use ideology to guide their voting behavior.

Which of the following is the best example of stare decisis?

The Supreme Court overturns a state law that restricts handgun ownership stating that it conflicts with District of Columbia v. Heller.

What is an amicus curiae brief?

a brief submitted by a third party in hopes of influencing the justices

Who, or what, determines the number of justices that sit on the Supreme Court?

congress

What power allows the Supreme Court to rule on the constitutionality of government actions?

judicial review

This clause of the Constitution gives the Supreme Court the authority to rule on cases involving state laws and state constitutions.

supremacy

The chief justice has voted with the minority of justices on a case. Who gets to assign which justice will write the majority opinion?

the most senior associate justice in the majority

Properly order the steps a case typically goes through in the federal court system.

-U.S. district courts -U.S. courts of appeals -U.S. Supreme Court

When does the Supreme Court have original jurisdiction over a case?

-in a case between two or more states -in a case between the federal government and a state government -in cases in which a foreign ambassador is involved -when a state government brings a case against citizens of another state

What are some ways for petitioners to show that they have standing, or the right to initiate a court case?

-show injury to oneself -show they have a substantial stake in the outcome -

Which of the following characteristics are relevant in determining which federal court has jurisdiction over a case?

-subject matter of the case -location where the case was filed -the parties in the case

In recent years, the Court has granted writs of certiorari to about what percentage of petitioners?

1