Gov 5/3/22 Test Review
Anything that treats sex/nudity in an offensive or lewd manner
Obscenity
The 1st Amendment protects expression of ideas from...
The government
By assigning a southerner to write the Court's opinion for a voter discrimination case, the Supreme Court demonstrated its awareness of public opinion.
True
*BONUS: What is the difference between the inquisitorial system and the adversarial system?
Adversarial is when the Judge is impartial and ensures parties are treated fairly. Inquisitorial is when the judge acts as merely an impartial umpire can be considered a waste of a judge's experience.
A pivotal civil liberties case in which the Court was not bound by precedent was
Brown v. Board of Education
Speech that deals with advertising products
Commercial speech
*BONUS: What is the difference between criminal court and civil court?
Criminal cases are typically prosecuted by state officials. Civil cases take place between plaintiffs, or private individuals/organizations.
False statements that damages someone's reputation
Defamation
Because of broad media coverage, a justice's confirmation is no longer contentious.
False
If a justice disagrees with a decision, he or she can issue a concurring opinion.
False
If an interest group wants to explain to the Supreme Court why a case should be decided in a particular way, the group can submit a writ of certiorari.
False
In one of the Federalist papers, Alexander Hamilton argued that the Supreme Court should have the right to determine whether laws are constitutional.
False
The Constitution says that a Supreme Court justice must be at least 35 years of age.
False
The Supreme Court has appellate jurisdiction in those cases involving representatives of foreign governments.
False
The Supreme Court's primary function is to settle disputes among the states.
False
The president nominates Supreme Court justices, but the Senate elects other federal judges.
False
Spoken in close contact with someone, intended to initiate violence
Fighting Words
Judicial Philosophy
Ideas about what guidelines to follow when interpreting the constitution
*BONUS: What is the difference between libel and slander?
Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.
In which case did the Supreme Court rule that states could not interfere with federal actions that were necessary to carry out the federal government's constitutional powers?
McCulloch v. Maryland
Verbal expression to an audience
Pure Speech
Speech that supports illegally overthrowing the government
Sedition
How is the process for filling a Senate position different from the process for filling a Supreme Court position?
Senators are elected by the people whereas justices are nominated by the president.
Conduct or actions instead of words to express an idea
Symbolic Speech
Confirmation of Supreme Court nominees typically takes longer today than in the past.
True
The Supreme Court took on the case of Clarence Gideon in order to determine whether his constitutional rights had been violated.
True
There are limits to free speech
True
Today's justices are more representative of the country as a whole than in the past.
True
When considering what cases to hear, the Supreme Court often chooses those in which courts have interpreted federal laws differently.
True
When hearing a case, the Supreme Court does not hear testimony from witnesses.
True
The losing party in a state Supreme Court case can appeal the decision to the U.S. Supreme Court by submitting
a petition for a writ of certiorari
The Constitution requires that a Supreme Court justice
be confirmed by the Senate
"Living" Constitution
belief that judges should apply the Constitution in light of current conditions
Judicial Restraint
belief that the court should avoid overturning laws passed by democratically elected bodies
Judicial Activism
belief that the court should step in if people's rights are violated
Appellate cases
can come either through the state court systems or the federal court system
The legislative branch can check the power of the Supreme Court because it
can remove justices
If a justice agrees with the majority's opinion, but has different reasoning, he or she may issue a
concurring opinion.
One reason that the justices take a preliminary vote is to
discuss their reasoning
The Supreme Court decides to take a case when it
grants certiorari
Presidents typically work to nominate individuals who
have personal integrity and professional expertise.
A positive effect of justices' lifetime appointments is
having a fair and impartial judiciary.
Stare Decisis
principle that once the court rules, its decision serves as a precedent
When the Court ruled in Brandenburg v. Ohio that the government could not take away the right to free speech just because it might incite a crime, it was
showing judicial activism
President Andrew Jackson's refusal to carry out a Court ruling shows that
the Supreme Court depends on the executive branch to enforce its decisions.
In Marbury v. Madison, Chief Justice John Marshall helped establish
the Supreme Court's power to declare laws unconstitutional.
Once the Supreme Court reaches a decision in a case,
the decision becomes law.
How is a justice who follows judicial restraint likely to be different from an activist?
the justice is less likely to declare an existing law unconstitutional
What is the purpose of the rule of four?
to determine whether the Supreme Court will hear a case
If citizens do not like how the Supreme Court interprets part of the Constitution, they can
work to get the constitution amended
Why do presidents want nominees from a variety of racial and ethnic backgrounds?
They want the justices to be somewhat representative of the entire country.
Brown v. Board of Education of Topeka illustrates how the Supreme Court can be influenced by changing societal values and beliefs.
True