Chapter 6 Judicial Study Guide

Which of the following qualifications for becoming a federal judge is directly addressed in Article III of the Constitution? (A) Federal judges have no fixed terms of office. B) Federal judges must be at least 35 years old. (C) Federal judges must have experience in lower (state and local) courts. D) Federal judges must have lived in the United States for at least 14 Years. (E) Federal judges must not hold any type of elected office.

(A) Federal judges have no fixed terms of office.

Which of the following is a check of the courts' power of judicial review? (A) Congress may pass the bill again with a "super majority" of 2/3 approval. (B) A constitutional amendment may be passed (C) A public referendum may overturn the court's decision. D) The president may issue an executive order to overturn the decision. E. The president, along with a 2/3 vote of both the House and Senate, may reject the court's decision.

(B) A constitutional amendment may be passed

Presidents generally honor the principle of senatorial courtesy in appointing judges to (A) the Supreme Court (B) U.S. Courts of Appeal (C District Courts D) Tax Court (E) Territorial Courts

(C District Courts

Which of the following best describes the role that political party affiliation plays in a president's selection of federal judges? (A) Presidents try to be bipartisan in selecting judges. (B) Since judges are supposed to be nonpartisan, party affiliation generally doesn't matter for appointing judges. (C) 90% of judicial appointments in modern times have gone to members of the president's political party. (D) Party affiliation is important as a selection criterion, but not as important as political ideology (E) Party affiliation is important only if there is a serious question that the Senate won't confirm the nomination.

(C) 90% of judicial appointments in modern times have gone to members of the president's political party.

The Supreme Court decision that ensures that all defendants are provided with an attorney is (A) Miranda v Arizona (B) Mapp v Ohio (C) Gideon v Wainwright (D) Engle v Vitale (E) Escobedo v Illinois

(C) Gideon v Wainwright

In which of the following situations might a person be tried for a single criminal act twice? (A) It can't happen, since it would be double jeopardy. B) It could happen in cases where more than one person is victimized. (C) It would happen if the same action broke both a state and a federal law. (D) It could happen if the judge is not objective in his ruling. (E) It could happen if the person is not a U.S. citizen.

(C) It would happen if the same action broke both a state and a federal law.

The "rule of four" refers to the number of A justices needed to rule a law unconstitutional B) hearings that Congress must hold to review bills C) courts needed to review a case before it reaches the Supreme Court. (D) Supreme Court justices needed to approve the review of a case E) experts that must be heard by Congress in public hearings

(D) Supreme Court justices needed to approve the review of a case

Which of the following describes the usual route that a case follows to be brought before the Supreme Court? (A) by original jurisdiction, as defined in Article III of the Constitution B) from state supreme courts directly (C) from U.S. Courts of Appeal, whose cases almost always go to the Supreme Court (D) by writ of certiorari E) referred from the president's desk to the Court

(D) by writ of certiorari

List the last 4 Chief Justices in order (farthest time ago to present)

1. Earl Warren 2. Warren Burger 3. William Rehnquist 4. John Roberts

What is the rule of four?

4 justices have to agree to hear a case, only then it is scheduled for a hearing

How many justices on the Supreme Court? Why this number?

9, The number is set by law and has varied from 6 to 10, Has been 9 since the 1870's

How many district courts are there?

94

In Federalist No. 78, Alexander Hamilton wrote: Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. Which of the following examples best reflects the statement Hamilton made in the final sentence of the quote? A) In 1957, President Dwight Eisenhower sent the National Guard to Little Rock, Arkansas to integrate the schools as ordered in Brown v. Board of Education (1954). B) In his 2010 State of the Union address, President Barack Obama sharply criticized the Supreme Court's decision in Citizens United v. Federal Election Commission (2010). C) In 2017, President Donald Trump nominated Neil Gorsuch to the Supreme Court, announcing he was "the very best judge in the country."81 D) In 1983, President Ronald Reagan called for an amendment to overturn the Supreme Court's decision in Roe v. Wade (1973).

A) In 1957, President Dwight Eisenhower sent the National Guard to Little Rock, Arkansas to integrate the schools as ordered in Brown v. Board of Education (1954).

Why is Marbury v. Madison significant? A) It established the power of judicial review, affirming that the Supreme Court is coequal with other branches. B) It established the power of the Supreme Court to overturn decisions by state supreme courts. C) It gives the Supreme Court more power than Congress because Congress has no way of overturning decisions by the court. D) It gives the Supreme Court the power to make decisions that serve as precedent for similar cases in the future.

A) It established the power of judicial review, affirming that the Supreme Court is coequal with other branches.

The power of judicial review was first used in John Marshall's majority opinion expressed in (A) Marbury v. Madison B) McCulloch v. Maryland (C) Gibbons v. Ogden (D) Barron v. Baltimore (E) the Dred Scott case

A) Marbury v. Madison

What is the most logical inference from the table, using data from the five years shown? A) The Supreme Court has been accepting fewer cases for review. B) The number of petitions for writ of certiorari has decreased. C) The Supreme Court has been issuing more opinions. D) The Supreme Court has heard more cases.

A) The Supreme Court has been accepting fewer cases for review.

if it became apparent that the number of justices on the Supreme Court needed to be adjusted this must be done by a(n) A) act of Congress B) constitutional amendment (C) executive order (D) referendum (E) joint committee in Congress

A) act of Congress

The Constitution is "not a living document," [Justice Scalia] told the Southern Methodist University crowd in 2014. "It's dead, dead, dead. . . . The judge who always likes the results he reaches is a bad judge." The quote supports which philosophy? A) judicial restraint B) judicial activism C) judicial independence D) judicial review

A) judicial restraint

What is Judicial Review? What court case established this?

Allows the courts to rule on the constitutionality of laws and actions, giving them the power to strike down or reinforce policy; Established in Marbury v. Madison (1803)

Federalist 78 (Hamilton)

Arguing for Judicial branch not too powerful because there's no reelction and no power of the purse or sword

Which of the following statements best describes the viewpoint in the cartoon? A) Republicans are more partisan than Democrats in nominating and confirming Supreme Court justices. B) Political parties attempt to nominate justices who share their political ideology. C) Supreme Court justices serve for life, and their appointment impacts decisions for a long time. D) Once justices are appointed to the Supreme Court, they pressure each other to adopt similar viewpoints.

B) Political parties attempt to nominate justices who share their political ideology.

In Federalist No. 78, Alexander Hamilton wrote: Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. Which of the following statements best describes Hamilton's point of view?A) The executive is more powerful than the legislature or the judiciary because the president is commander in chief. B) The judiciary's power depends on an ability to convince the other branches of the strength of its reasoning. C) Judicial review should not be used against Congress because it determines the duties and rights of Americans. D) Judges should examine cases involving only legal rights, and not cases addressing political rights such as voting and gerrymandering.

B) The judiciary's power depends on an ability to convince the other branches of the strength of its reasoning.

Which of the following best describes an inference that can be drawn from the table? A) Supreme Court Justices are more focused on writing books and in giving speeches than they are in making new law. B) As the Court resolves cases over time, fewer cases are being filed that address constitutional issues. C) The Justices have decided over time that they should devote more of their limited resources to resolving a smaller number of increasingly hard cases. D) Computerization has enabled the Justices to become more efficient over time.

C) The Justices have decided over time that they should devote more of their limited resources to resolving a smaller number of increasingly hard cases.

A Supreme Court Justice who writes the following words, "Generations from now, lawyers and judges will look back at today's ruling with utter contempt," is probably writing A) concurring opinion B) majority opinion C) dissenting opinion D) per curiam opinion

C) dissenting opinion

Which of the following is an example of judicial review by the Supreme Court? A) deciding a case of original jurisdiction between New Mexico and Nevada over the issue of water rights B) hearing a case of appellate jurisdiction involving different interpretations of a federal law by the Ninth and Tenth Circuit Courts C) overturning a president's executive order about immigration because the order violates the Constitution D) hearing a case of appellate jurisdiction involving a contract dispute between a corporation and a labor union

C) overturning a president's executive order about immigration because the order violates the Constitution

The judicial doctrine based on the practice of deciding court cases with reference to previous decisions is called (A) mandamus (B) certiorari C) stare decisis D) judicial review (E) dual sovereignty

C) stare decisis

The Supreme Court hears most cases as a result of (A) original jurisdiction (B) concurrent jurisdiction C) stare decisis D appellate jurisdiction E. administrative jurisdiction

D appellate jurisdiction

There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations.79 — Alexander Hamilton, Federalist No. 81 Which of the following statements summarizes the argument made in Federalist No. 81? A) The Supreme Court might deliberately take power away from Congress. B) Congress must trust the court system to uphold the Constitution. C) Congress may check the Supreme Court by publicly degrading its decisions. D) Congress may check the Supreme Court through impeachment.

D) Congress may check the Supreme Court through impeachment.

The purpose of the "litmus test" as applied to judicial nominees is to (A) determine how long the nominee may want to serve on the court (B) provide a geographic balance to the Supreme Court (C) gain support of the American Bar Association before the nomination D determine the views of nominees on an important issue E. maintain diversity of backgrounds on the court

D) determine the views of nominees on an important issue

State who the Chief Justice was, years of the court, and whether or not they were liberal or conservative, and an influential decision for the Warren Court

Earl Warren, 1953-1969, a liberal court, Brown v. Board of Education

Marbury v. Madison (1803)

Established judicial review, Chief Justice John Marshall

State who the Chief Justice was, years of the court, and whether or not they were liberal or conservative, and an influential decision for the Roberts

John Roberts Court, 2005- present- leans conservative but typically has 5-4 decisions, D.C. v Heller

Explain the 3 types of opinions given by the courts. Which one is always given?

Majority opinion -Is the official opinion of the court, sets the precedent for future cases, written by the senior most justice Dissenting opinion - written by the most senior member on the losing side, Consists of the opinion of the justices who do not agree Concurring opinion - written by a justice who agrees with the majority decision but does so for different reasons than those stated in the majority opinion Majority opinion is ALWAYS given.

Explain how stare decisis and precedence are the same thing.

Precedence is the practice of deciding new cases with reference to former decisions. Stare decisis - (let the decision stand) based on precedent. they both let cases before them decide the outcome of the case.

Who was the first female justice? Appointed by which president?

Sandra Day O'Conner; Ronald Reagan in 1981

Why were the Legislative Courts created?

Sometimes called Article I courts because they help carry out the legislative powers of Congress

What is senatorial courtesy? What types of courts use it when selecting judges?

The senior senator of the state must approve the confirmation for the whole Senate to do so. Presidents carefully check with Senators ahead of time. (began with Washington)

Who was the first African American justice? Appointed by which president?

Thurgood Marshall; Lyndon Johnson in 1967

State who the Chief Justice was, years of the court, and whether or not they were liberal or conservative, and an influential decision for the Burger Court

Warren Burger, 1969-1986, a liberal court, Roe v. Wade

State who the Chief Justice was, years of the court, and whether or not they were liberal or conservative for the Rehnquist Court

William Rehnquist, 1986-2005, a more conservative court

How can a ruling of the Supreme Court be changed?

a constitutional amendment, or the court hears another case that changes the precedent

What is a dual court system?

a federal and a state court system

How do most cases come to the Supreme Court?

a writ of certiorari (made more certain)

Federalist 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches.

What are amicus curiae briefs?

friends of the court, briefs submitted to the court by Individuals, organizations, or government agencies that have an interest in the case and a point of view

Describe why the courts are considered undemocratic.

judges are not elected, Cannot be easily removed, Decisions of the courts may only be reversed by higher courts

Why is the appointing of a judge one of the presidents most important powers?

judges serve for life so the President can having a lasting impact on government beyond their presidency

Explain the 5 criteria used in selecting Supreme Court justices

party affiliation- appoint judges from the same political party, Patronage, Similar ideology (most important) acceptability to the senate- judiciary committee interrogates before sent to full senate, if the candidate runs into trouble during the interrogation process they usually drop out judicial experience- have they served on courts of appeals, held elective office, been distinguished attorneys, or have worked in the DOJ race and sex- would they make the bench more diverse represent the American people better Litmus Test- A test of ideological purity before they are nominated and/or confirmed to the court, Candidates are asked their opinions about controversial issues

What is a class action suit?

permit a small number of people to represent all other people similarly situated

Explain judicial restraint vs. activism.

restraint- judges play minimal policy-making roles leaving the decisions to the other two branches; Supporters believe that the judicial branch is less democratic and judges are not qualified to make policy decisions activism: judges make policy decisions and interpret the Constitution in new ways, Believe the courts must correct the injustices of the other branches

What is original jurisdiction? What courts have original jurisdiction?

the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case. Trial courts have this.

What is appellate jurisdiction? What courts have appellate jurisdiction?

the authority of a court to hear and review decisions made by lower courts in that system. the Supreme court and the Court of Appeals have this

What is judicial implementation?

the translation of court decisions into actual policy that affects the behavior of others