POLS 2305 - Module 13 - The American Legal System and the Courts (The Judiciary)
A writ of certiorari is where the losing litigant from the lower courts ask the Supreme Court to "become informed" about their case, with the hope the Supreme Court will hear the case. To grant cert (i.e. agree to hear the case), a majority (5+) of Supreme Court Justices need to agree.
False
Criminal law is the body of law that prohibits specific behavior the government has determined to be illegal. In criminal cases, since the victim is the state/government, to be found guilty the government must be able prove a person's guilt by the preponderance of the evidence.
False
Judicial Review is the responsibility of the judiciary to review the actions of government and determine their compatibility with the Constitution. This power is enumerated in Article 3 of the Constitution.
False
Circuit Courts, the first level of appellate courts in the federal judiciary, do not seek out new factual evidence (e.g. no new evidence is presented, no new witnesses are called, and no jury is empaneled), but simply examine the decision of District Courts to ensure the law was applied (i.e. there were no legal errors at trial).
True
The Supreme Court's majority opinion is the formal way in which the Supreme Court announces its decisions. Within this opinion, the Supreme Court provides the legal reasoning for why they ruled the was they did. Consequently, if the Chief Justice is in the majority he has 2 options: He can author the opinion himself, or assign the authorship of the opinion to another Justice.
True
The U.S. Supreme Court is the final arbiter and interpreter of federal law and, most importantly, the U.S. Constitution. While it's primary job is to settle legal disputes, the Supreme Court plays a policy-making role since such disputes come to the Supreme Court in the form of legal disputes. Group of answer choices
True
The ultimate source of law in the United States is the Constitution, which establishes the basic powers and limitation of government and protects fundamental rights of citizens. Consequently, no governmental action is allowed to contradict the Constitution.
True
Article 3 establishes one Supreme Court and all "inferior courts" that ______ should create. Consequently, this institution has created 94 District Courts throughout the United States and 13 Circuit Courts of Appeals. a. The President b. The Congress c. The Supreme Court d. The States
b) The Congress
Which Founding Father claimed "it is emphatically the province of the judicial department to say that the law is." a. Alexander Hamilton b. Thomas Jefferson c. John Marshall d. John Adams
c) John Marshall
To be a federal judge (either a Supreme Court Justice, a Circuit Judge, or a District Judge), one must be nominated by the President and Confirmed by the Senate. Once confirmed, a federal judge serves for: a. 2 Years b. 4 Years c. 10 Years d. 18 Years e. For life
e) For life