quiz 8

Once the president has formally nominated an individual for the courts, the appointee must be approved by the ___________ and then confirmed by __________.

Senate Judiciary Committee; full Senate

Which informal Senate practice allows a single senator to reject candidates for the federal bench in their own states?

Senatorial courtesy

If someone convicted on federal drug charges in a U.S. district court wanted to file an appeal, what court would hear the appeal?

The federal circuit court of appeals for the district

Which of the following explains why the Supreme Court has been more secure in its ability to strike down acts of Congress?

The limited use of judicial review during its infancy has helped reinforce greater acceptance of the Court's power to strike down laws.

In 1937, President Franklin Delano Roosevelt asked Congress to add several new justices to the U.S. Supreme Court. Legislators ultimately rejected the request, after a divided reaction from the public, major lobbying campaigns against the plan, and bipartisan objections. Why might Roosevelt's plan have been controversial?

The president developed the proposal in reaction to the Court's striking down of many of his New Deal proposals, something critics saw as threatening judicial independence.

An individual suing an attorney or doctor for malpractice would, in most cases, file a civil claim against the professional in:

a court in the state in which the alleged malpractice took place

Interest groups, sometimes at the request of attorneys involved in cases, often attempt influence Supreme Court decisions through ______________.

amicus curiae, or "friend of the court" briefs

For the Supreme Court to grant certiorari, agreement has to be reached by __________ justices.

at least four

Attorneys on both sides of a legal case muster the most compelling precedents they can in support of their arguments about why the Court should rule in favor of their clients in written documents called:

briefs

The justice on the Supreme Court who presides over the Court's public sessions is the __________ justice.

chief

Some members of the majority may agree with both the outcome and the rationale of a Supreme Court decision but wish to draft a __________ to emphasize or highlight a particular point.

concurrence

The number of justices who sit on the United States Supreme Court is determined by:

congress

The two most common types of civil cases involve:

contracts and torts

The Supreme Court annually grants about 10 percent of the petitions it receives for writs of certiorari.

false

A court order to the authorities to show cause for the incarceration of a prisoner is known as a writ of:

habeas corpus

In Marbury v. Madison, U.S. Supreme Court Justice John Marshall ruled that he could not force Secretary of State James Madison to carry out a previous president's appointment to a lower judge. In so doing, he established the legal power of the Supreme Court's power of judicial review. This was the case because:

he declared an act of Congress unconstitutional; in this case, one that had given the court jurisdiction in the case.

In a civil court case, the party that brings charges is called the ____________, whereas the party that defends itself against charges is called the ____________.

plaintiff; defendant

Prior judicial decisions that are applied to a given case, whether in a federal or state court, are known as:

precedent

The term judicial _____________ best describes the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional.

review

The person who has the greatest influence on the Supreme Court's day-to-day work is a presidential appointee, one who serves as the government lawyer in almost all appellate cases in which the federal government is a party. The official is the:

solicitor general

In the American judicial system, parties to a case must demonstrate that they have __________, a substantial stake in the outcome of the case.

standing

Most criminal cases arise out of:

state and municipal courts.

Over Ninety-nine percent of all court cases in the United States are heard in which of the following venues?

state courts

In civil as well as criminal cases, the ruling of a state court of last resort can be appealed to the U.S. Supreme Court when:

the losing party raises a federal issue; that is, one involving a federal statute or a constitutional question.

The court that initially hears a criminal or civil case is the __________ court.

trial

A common reason why the Supreme Court accepts cases from lower courts is to work out conflicts between them on particular issues.

true

Dissents can be used to signal to defeated political forces in the nation that their position is supported by at least some members of the Supreme Court.

true

Most of the cases filed with the Supreme Court are dismissed without a ruling on their merits.

true

The U.S. Supreme Court has both original and appellate jurisdiction.

true

The federal district courts are trial courts of general jurisdiction.

true

Three-judge panels typically hear cases in federal appellate circuits, but larger numbers of judges may hear them en banc in some instances.

true

Supreme Court justices who thoroughly disagree with a case's outcome may publicize the character of their objection by:

writing a dissenting opinion.