Chapter 15 - The Federal Courts

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.

Why does the Supreme Court rarely challenge the actions of executive agencies?

Doing so may provoke a fight with the president. Executive agencies follow a formal rules-making process.

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 to review the circuit's appeals. Multiple judges serve on every appeals case.

Senator Bedfellow is concerned that a bill Congress is considering might be unconstitutional. He can ask the Supreme Court for its opinion to save Congress the time of passing an unconstitutional law.

False

The Supreme Court is an active participant in the legislative process, as seen by how they often rule acts of Congress unconstitutional.

False

Which characteristics apply only to criminal cases, only to civil cases, or to both?

-Criminal: If found guilty, the loser may have to serve jail time -Both: If found guilty, the loser may be required to pay money; The government may be a party to the dispute -Civil: Disagreements over contracts and torts are the most common types of cases

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

1

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 overall sequence of steps in this process

1. Petition for a writ of certiorari is filed 2. The court grants a writ of certiorari 3. Oral arguments commence 4. The justices convene a conference

How many Supreme Court justices must agree to hear a case in order for it to receive a writ of certiorari?

4

Among the following examples which is the best example of stare decisis?

An attorney uses a previous state court ruling to argue his client's case.

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

An attorney uses a previous state court ruling to argue his client's case.

Why are oral arguments an important part of the Supreme Court's decision-making process?

Correct Answers: Justices can ask questions of attorneys that might not have been addressed in the briefs. They allow justices to better understand the heart of the case. Incorrect Answers: They offer an opportunity to discuss the case with other justices. They allow justices a chance to gauge public opinion on the topic.

In recent years, what has changed about the process of Supreme Court appointments?

Interest groups have been more influential in recent decades.

Which of the following are ways Congress can check the power of the federal courts?

It can reduce the jurisdiction of the courts through statutes. it can reduce the number of judges and courts

How did the Supreme Court gain the power of judicial review?

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

Watch the following video on the judicial politics surrounding the Supreme Court's decision to strike down a Texas abortion law, and answer the following question.

Justice Anthony Kennedy

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 statements about criminal law is accurate?

Most criminal law begins and ends at the state level

Which scenarios are most likely to be granted a writ of certiorari by the Supreme Court?

One federal appeals court rules one way on a case, while another federal appeals court rules the other way; the losers in both cases appeal to the Supreme Court. A state supreme court rules against a citizen in a matter of racial discrimination with no clear precedent; the decision is appealed by the citizen.

What happens when a federal district court grants a writ of habeas corpus to a defendant convicted in a state court?

The case is considered by a federal court of appeal

In which of the following ways might the position of the chief justice affect the operation or outcome of a Supreme Court case?

The chief justice might exercise more influence over a case through a formal right to speak first. If in the minority, the chief justice decides who will write the decision for the court.

Which of these statements about federal court nominations are accurate?

The majority of each president's nominees are white. White men outnumber all other judges combined.

Which statements about the Supreme Court's opinions on a case are correct?

The majority opinion sets major precedent for future cases. The dissenting opinion can signal division in the court.

Why does the president rarely get challenged by the Court?

The president nominates justice who agree with his approach to executive authority. the court needs the president's support to enforce its decisions

Supreme Court justices will sometimes ignore their own political leanings or judicial philosophy if they believe the integrity of the institution is at stake.

True

What attribute describes an activist court?

a court that overrides the actions of elected branches

Which characteristics apply only to criminal cases, only to civil cases, or to both?

both: the government may be a party to the dispute if found guilty, the loser may be required to pay money criminal: if found quilty, the loser may have to serve jail time civil: disagreements over contracts and torts are the most common types of cases.

Match the written Supreme Court document on the left with the proper description on the right.

brief: attorney-written document arguing why the court should agree with their client opinion: document laying out the legal belief of the supreme court justices about the case in question amicus curiae brief: interest-groups-written brief that advises the court on how to rule on a case dissenting opinion: document laying out the legal belief of a minority of the supreme court justices about the case in question

What is the name given to the member of the Supreme Court who presides over public sessions? John Roberts currently serves in this role.

chief justice

Match

criminal law: only the government can bring charges against an individual defendant: the party accused of breaking the law. plaintiff: the party who brings the case before the court civil law: this mainly involves torts and contract disputes between individuals, groups, and corporations.

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

district court court of appeals sumpreme court

Match the legal concept on the left to the description or example on the right that best illustrates its use in the justice system.

due process of law: a plaintiff who was arrested and then refused an attorney might argue that he was denied this right. jury: this is the party that must decide if a defendant violated the law in a criminal case appellant: this is the party seeking a new trial because of the belief that the trial court made an error writ of habeas corpus: a defendant who does not understand why he was arrested would likely request this plea bargain: this ends most criminal trials before they ever begin

The Supreme Court is an active participant in the legislative process, as seen by how they often rule acts of Congress unconstitutional

false

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

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 in cases between two or more states

The number of amicus curiae briefs has - over time. When compared to regular cases, landmark cases have - briefs submitted.

increased more

Why do interest groups try to develop a "pattern of cases"?

it makes it more likely that the supreme court will hear their case

Which of the following hypothetical Supreme Court decisions are examples of judicial restraint, and which are examples of judicial activism?

judicial restraint: a liberal court rules against someone claiming federal law discriminated against him, deeming the law is constitutional. a conservative court upholds campaign spending limits passed by congress and bases the ruling on constitutional language.

This is the name given to the Supreme Court's most important power, which allows it to rule on the constitutionality of government actions.

judicial review

The power of the federal courts today is primarily restricted by which of the following limitations?

lack of enforcement powers

What factors influence the Supreme Court's decision-making practices?

law and precedent on relevant cases concern over protecting the court's reputation political ideology

Match the written Supreme Court document on the left with the proper description on the right.

lower federal court: can be eliminated by congressional statue senatorial courtesy used for appointments supreme court: appointments more politically motivated

Which concepts or descriptions on the left best describe the appointments to the U.S. Supreme Court and which best describe appointments to a lower federal court?

lower federal court: senatorial courtesy used for appointments can be eliminated by congressional statute Supreme court: appointments more politically motivated

If you were arrested for stealing a loaf of bread to feed your family, the first court you had a trial in would be a court of -. If you were found guilty and believed there to be a procedural issue with the trial, you might head to a court with -.

original jurisdiction appellate jurisdiction

The - formally nominates judges for federal district courts. After nomination, the candidate must first be considered by the - Committee.

president senate judiciary

Although the Supreme Court generally defers to presidential actions, the Court was quite active in striking down presidential actions in this particular area of law, including cases such as Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush.

prisoners' rights

People who practice judicial __________ are also known as "strict constructionists" because of their literal interpretation of the Constitution.

restraint

What powers are shared by the U.S. Supreme Court and the German Federal Constitutional Court?

review of actions by the executive branch review of state laws concrete review

What does the logic of the supremacy clause, which makes the Constitution the supreme law of the land, allow the Supreme Court to do?

review state laws review state court decisions

What is one core aspect of the solicitor general's job?

reviewing federal agency cases before they are appealed to the court

Rank each court based on the number of cases it hears, from the court that hears the most cases to the court that hears the fewest.

state trial courts federal district courts state courts of appeals state supreme courts federal courts of appeals us supreme courts

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

supremacy

Which of the following descriptions of Supreme Court justices is true?

supreme court nominees tend to share the same ideologies as the presidents who appoint them

Which of the following criteria are used by the Supreme Court to determine whether it will hear a case?

the case is relevant/timely; the issue is not moot. parties have standing, or a stake, in the outcome. the issue represents a controversy.

Why does the Court overturn congressional action so rarely?

the court intentionally interprets congressional laws to make them constitutional

Which of the following influenced the Supreme Court's appellate jurisdiction?

the judiciary act of 1789

Identify the correct and incorrect statements about Marbury v. Madison

the opinion asserts the power of the judiciary chief justice john marshall avoided a direct confrontation with the president

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

the parties in the case locations where the case was filed subject matter of the case

When will an appellate court agree to hear an appeal?

When the party filing the appeal shows the trial court made a legal error

What is an amicus curiae brief?

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

Which of the following cases can be heard only in a federal court?

a case involving a federal law a case involving interpretation of the us constitution

Which of the following cases can be heard only in a federal court?

a case involving a federal law a case involving interpretation of the us constitution a case to which the us government is a party.