chapter 14
What happens during the writing of a Supreme Court opinion?
The justice assigned to write the opinion will continue to speak with the other justices while preparing the opinion.
Which of the following is not part of the Missouri Plan for selecting state-level judges?
The political parties nominate judicial candidates to run for office.
Which statement is true regarding decisions made by the federal courts of appeals?
The vast majority of their decisions are final, in that the Supreme Court accepts only a small fraction of appeals.
Why do justices write concurring opinions?
They agree with the Court's decision but disagree with some of the legal arguments made by the justices in the majority.
Amicus curiae briefs have what impact on the American legal system?
They help the court to understand how interested parties feel about the case in question.
Which of the following federal court levels does not have original jurisdiction?
courts of appeals
What is the source of judicial review?
John Marshall's opinion in Marbury v. Madison
Presidents can influence the courts by
-choosing to enforce court decisions - influencing the cases that come before courts
How many women currently serve on the Supreme Court, as of December 2018?
3
There are ______ federal district courts altogether, with at least one court in every state.
94
Which interest group regularly files cases seeking to protect individual rights?
ACLU
The Constitution establishes the Supreme Court. Which entity is empowered by the Constitution to establish the lower federal courts?
Congress
Which of the following circuit courts has jurisdiction over appeals involving patents and international trade?
Court of Appeals for the Federal Circuit
True or false: The Supreme Court's decision gives the legal basis for the Court's ruling.
False
True or false: The line between proper and improper judicial decision making is very clear.
False
Overall, what effect has the exercise of judicial review had on the balance of power between levels of government and the branches of government in the United States?
It has increased the power of the federal government. It has increased the power of the courts by creating new powers.
What is the purpose of the writ of certiorari?
It is an order from a higher court for a lower court to submit a record of a case to the higher court.
In 2016, the Republican majority in the Senate announced it would not call hearings on Barack Obama's nominee,
Merrick Garland.
How does public opinion affect Supreme Court decisions?
The Supreme Court is less responsive to public opinion than elected government officials are. The Court is aware of public opinion so as not to create outright defiance of its decisions.
Which of the following statements concerning the political orientation of Supreme Court justices is correct?
Republican appointees are more likely than Democratic appointees to side with law enforcement officials instead of with the criminally accused.
Which of the following statements concerning the Constitution and the judiciary is true?
The Constitution is silent concerning the approach that judges should take in deciding cases where the law is not completely clear.
Why is it impossible to firmly settle the argument over judicial restraint and activism?
The Constitution offers no specific method of decision making.
The next step for a federal case on appeal from a U.S. district court is that it travels to
a U.S. court of appeals.
Which of the following are issued by the Supreme Court after hearing a case?
a decision one or more opinions
Following oral argument, the Supreme Court justices meet in complete privacy and secrecy to discuss and vote on the case. This meeting of the justices is called
a judicial conference.
A presidential nominee for Supreme Court justice must be confirmed by what type of vote?
a simple majority in the Senate
Supreme Court chief justice John Marshall used the Court to strengthen the judiciary and made legal decisions not explicitly discussed by the Constitution. These actions demonstrated Marshall's use of judicial
activism.
The doctrine of judicial restraint implies that it is the duty of judges to
apply the law.
The Constitution specifies that all federal judges, including Supreme Court justices, shall be
appointed by the president and confirmed by the Senate.
Interest groups that rely on a judicial strategy to advance their cause are careful in their choice of
cases that have a chance of success.
Twelve of the thirteen federal appellate courts cover specific geographic regions, which are called
circuits.
The type of state law that involves such issues as business disputes or divorces is known as
civil law.
The Supreme Court, recognizing public opinion in the Brown v. Board of Education case, required local school systems to
desegregate "with all deliberate speed" instead of immediately.
Members of the Supreme Court who disagree with the decision of the Court's majority have the option of writing a
dissenting opinion.
Chief Justice John Roberts has stated that if the public does not "like what we're doing,"
it's "too bad."
Alexander Hamilton said that the power of the Supreme Court rested on the power of
judgment—the reasonableness and fairness of its actions.
Federal courts usually do not intervene into state court matters unless a ______ issue or law is involved.
federal
Federal courts address which two types of laws?
federal statutory law administrative laws
Of Donald Trump's judicial appointees in his first year in office, approximately what percentage were minority-group members?
fewer than 10 percent
In 2017, the Republican-controlled Senate abolished the use of the ______ as a way to prevent a Supreme Court nominee from taking a seat on the Court, thus diminishing the likelihood that a nominee will be blocked on the basis of partisanship.
filibuster
Appellate courts review which aspect of lower court decisions?
how a lower court applied the law
Judicial review is a term that refers to the power the Supreme Court has to
invalidate a law or action on constitutional grounds.
The written brief in a court case
is an argument by a party to the case as to why its position should be upheld by the court.
Statutory laws are created by which branch of government?
legislative
Each of the 50 states
maintains its own court system.
In a 1998 case, the Supreme Court added sexual harassment to the antidiscrimination provisions of the Civil Rights Act of 1964. This decision demonstrates the Court's ability to
make laws and policies.
A Supreme Court ______ explains the justices' legal basis for their decision.
opinion
When a majority of the Supreme Court justices agree on a decision but not the legal reasoning behind it, the Court issues a ______, which is the opinion having the most justices in support of it.
plurality opinion
Supreme Court justices tend to vote according to their personal
political attitudes.
In his book Electing Justices, Richard Davis likens Supreme Court appointments in the era of party polarization to
political campaigns.
Appellate courts
review whether a lower court correctly applied and interpreted applicable law.
By tradition, if the president fails to consult with the senator from the state where a judicial appointment is made, the senator can request that confirmation be denied. This request is referred to as
senatorial courtesy.
The structure of the state court systems is defined by
state law.
When four Supreme Court justices agree to request a record of the case from a lower court, the court issues a
writ of certiorari.
In making their decisions, what are the three main sources of law that judges consider in the United States?
the Constitution legal precedent U.S. statutory law
Federal judges play a role in the creation of law and public policy because
the Constitution can be interpreted in a number of ways.
Within the Senate, what is the key body in scrutinizing a Supreme Court nominee?
the Judiciary Committee
Who or what serves as the last or highest source for legal disputes in the United States?
the Supreme Court
During a Supreme Court hearing, who presents oral arguments?
the attorneys for each side
To whom or what does the president typically delegate the task of identifying nominees to lower-court positions?
the deputy attorney general
Presidents typically nominate people to lower-court judgeships
who share the same political party as they do.
