Chapter 13 American Federal Government

Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Why do you believe the constitution's framers chose lifetime terms?

(+) Lifetime term allows judges to focus on work and serve the Constitution rather than trying to please the people for re-eclection (-) no room for new appointees

What are the core factors that determine how judges decide in court cases?

-evidence -oral arguement -judicial opinion -past court rulings

The Supreme Court most typically functions as ________.

An appeals court

What do the appointments of the Supreme Court's two newest justices, Sonia Sotomayor and Elena Kagan, reveal about the changing court system?

Court is getting more diverse and open to women

A case will be placed on the Court's docket when ________ justices agree to do so.

Four

The existence of the dual court system is an unnecessary duplication to some but beneficial to others. Provide at least one positive and one negative characteristic of having overlapping court systems in the United States.

Overlapping court systems provide each individual with more than just one court to protect his or her rights. A person seeking a wrong to be righted may have alternate places to pursue his or her case. On the other hand, having overlapping court systems opens the door to the possibility of unequal or disparate administration of justice.

Which of the following is a check that the legislative branch has over the courts?

Senate approval is needed for the appointment of justices and federal judges. Congress may rewrite a law the courts have declared unconstitutional. Congress may withhold funding needed to implement court decisions.

When it comes to filling judicial positions in the federal courts, do you believe race, gender, religion, and ethnicity should matter? Why or why not?

The United States has become much more diverse, and it is only fitting that the judicial branch more accurately reflects the demographic composition of the population. At the same time, judicial positions should be filled by the most competent and qualified candidates.

Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions.

The judicial branch has no power of its own over implementation of enforcement of its rulings and is thus dependent on the other two branches to make this happen, relying on the executive to enforce its decisions and on the legislature to fund it. Hamilton said the judiciary has "no influence over either the sword or the purse" and "neither force nor will, but merely judgment," stressing the court system's reliance on assistance from the other two branches.

What do you find most significant about having a common law system?

The judicial branch is involved in the system of law-making in the United States. Through their interpretation of the law, judges are an important part of the legal system and influence the way law is made and interpreted. They don't just apply the law; they also make it.

Do you believe federal judges should be elected rather than appointed? Why or why not?

Yes-the people should have a say in who is judging them No-the supreme court needs to focus on judicial duties, not the people (I just copied and this is an opinion question sooooooo)

Of all the court cases in the United States, the majority are handled ________.

at the state level

Both state and federal courts hear matters that involve ________.

both civil and criminal law

When a Supreme Court ruling is made, justices may write a ________ to show they agree with the majority but for different reasons.

concurring opinion

When using judicial restraint, a judge will usually ________.

defer to the decisions of the elected branches of government

Besides the Supreme Court, there are lower courts in the national system called ________.

district and circuit courts

The Supreme Court's power of judicial review ________.

enables it to declare acts of the other branches unconstitutional

One of the main ways interest groups participate in Supreme Court cases is by ________.

filing amicus curiae briefs

In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government.

least dangerous

The justices of the Supreme Court are ________.

nominated by the president and confirmed by the Senate

The Supreme Court consists of ________.

one chief justice and eight associate justices

The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.

solicitor general

In standing by precedent, a judge relies on the principle of ________.

stare decisis

A state case is more likely to be heard by the federal courts when ________.

the state courts are unable to come up with a decision

Which court would you consider to be closest to the people? Why?

trial court: the level of court in which a case starts or is first tried