Ch. 15 - The Federal Courts

D.C. Circuit

Democratic-majority

First Circuit

Democratic-majority

(True or False): Appellate courts frequently hear new facts and arguments pertaining to a case.

False

(True or False): In deliberations, the chief justice is given greater authority than the other justices.

False

(True or False): Judicial review of presidential actions is restricted to presidential war powers and the realm of terrorism.

False

(True or False): 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

(True or False): Since the Supreme Court relies on stare decisis, there is little room for ideology or partisanship to influence the justices' decisions.

False

(True or 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 of the following hypothetical Supreme Court decisions are examples of judicial restraint? - A conservative Court upholds campaign spending limits passed by Congress and bases the ruling on constitutional language. - A liberal Court uses implied language from previous Court decisions, despite the absence of explicit language in current statutes. - A conservative Court allows a state to exempt itself from EPA guidelines despite the supremacy clause. - 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. - A liberal Court rules against someone claiming federal law discriminated against him, deeming the law is constitutional.

Which of the following hypothetical Supreme Court decisions are examples of judicial activism? - A conservative Court upholds campaign spending limits passed by Congress and bases the ruling on constitutional language. - A liberal Court uses implied language from previous Court decisions, despite the absence of explicit language in current statutes. - A conservative Court allows a state to exempt itself from EPA guidelines despite the supremacy clause. - A liberal Court rules against someone claiming federal law discriminated against him, deeming the law is constitutional.

- A liberal Court uses implied language from previous Court decisions, despite the absence of explicit language in current statutes. - A conservative Court allows a state to exempt itself from EPA guidelines despite the supremacy clause.

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 steps of the sequence. - The Court grants a writ of certiorari. - Oral arguments commence. - A petition for a writ of certiorari is filed. - The justices convene a conference to make a decision.

- A petition for a writ of certiorari is filed. - The Court grants a writ of certiorari. - Oral arguments commence. - The justices convene a conference to make a decision.

Which two scenarios are most likely to be granted a writ of certiorari by the Supreme Court? - A federal trial court and a circuit court both rule against a defendant; the decision is appealed by the defendant. - A state court refuses to review the appeal of a losing party in state district court; the loser appeals to 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.

- A state court refuses to review the appeal of a losing party in state district court; the loser appeals to 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.

Once the Supreme Court accepts a case for review, what steps does it take to come to a ruling? - The case goes to conference. - A member of the majority writes the opinion. - Attorneys submit their briefs. - A writ of certiorari is granted. - Attorneys present their oral arguments.

- A writ of certiorari is granted. - Attorneys submit their briefs. - Attorneys present their oral arguments. - The case goes to conference. - A member of the majority writes the opinion.

Which of these are the most salient and accurate criticisms of the Supreme Court's increasing reliance on the shadow docket? - Cases on the shadow docket go through an accelerated process in which full briefs are not filed, no oral arguments are heard, and justices do not provide lengthy opinions that describe their reasoning. - Although the shadow docket previously was used sparingly for uncontroversial petitions or emergencies, it is increasingly being used on controversial cases, such as the COVID-19 restrictions and the Texas six-week abortion ban. - Cases on the shadow docket often involve wealthy corporations which have donated to members of Congress. - Most rulings that come from the shadow docket have been liberal.

- Cases on the shadow docket go through an accelerated process in which full briefs are not filed, no oral arguments are heard, and justices do not provide lengthy opinions that describe their reasoning. - Although the shadow docket previously was used sparingly for uncontroversial petitions or emergencies, it is increasingly being used on controversial cases, such as the COVID-19 restrictions and the Texas six-week abortion ban.

Identify the correct and incorrect statements about Marbury v. Madison. - Chief Justice John Marshall avoided a direct confrontation with the president. - The opinion asserted the power of the judiciary. - The Court invented the notion of a supremacy clause. - The Court overturned a state law for the first time.

- Chief Justice John Marshall avoided a direct confrontation with the president. - The opinion asserted the power of the judiciary.

Who, or what, determines the number of justices that sit on the Supreme Court? - the Constitution - the president - Congress - the Court itself

- Congress

Why is legal precedent important to the courts? - Courts apply principles from prior cases to the current case. - Precedent can help defendants win more trials against plaintiffs. - Attorneys will use precedent from previous cases to argue for their clients. - It helps to resolve the cases prior to a trial.

- Courts apply principles from prior cases to the current case. - Attorneys will use precedent from previous cases to argue for their clients.

Unless subsequently heard by the Supreme Court, the decisions made by federal appeals courts are final. How does the system attempt to mitigate the danger of such a provision? - Each circuit must have a percentage of its decisions reviewed by another circuit annually. - Each circuit has a Supreme Court justice assigned to it to handle special requests for action by the Supreme Court. - Multiple judges serve on every appeals case. - Appeals court decisions must be validated by a circuit court judge who did not actively serve on the case.

- Each circuit has a Supreme Court justice assigned to it to handle special requests for action by the Supreme Court. - Multiple judges serve on every appeals case.

Which of the following are examples of civil law? - The government alleges that Hannibal committed first-degree murder. - George sues Jerry over damages that he alleges Jerry did to his fence. - Marty finds himself accused in court of stealing several automobiles and risks going to jail if found guilty. - Homer and Marge go to court to settle the custody of their children in a divorce.

- George sues Jerry over damages that he alleges Jerry did to his fence. - Homer and Marge go to court to settle the custody of their children in a divorce.

Why do interest groups try to develop a "pattern of cases"? - It assists in raising funds from members. - It helps the solicitor general argue their case before the Court. - It makes their amicus curiae briefs more effective. - It makes it more likely that the Supreme Court will hear their case.

- It makes it more likely that the Supreme Court will hear their case.

Which of the following are limitations on the power of the federal courts? - Judges must wait for cases to come to them. - Courts can only offer limited forms of relief. - Courts lack enforcement powers. - Courts lack appellate jurisdiction.

- Judges must wait for cases to come to them. - Courts can only offer limited forms of relief. - Courts lack enforcement powers.

What is the basis of the Supreme Court's power of judicial review? - Judicial review was established by Congress in the Federal Judiciary Act of 1789. - Judicial review was established in the Marbury v. Madison decision. - Judicial review was established in Article III of the Constitution. - Judicial review was established by George Washington in Executive Proclamation 93.

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

Which statement best describes the role of political ideology in justices' decisions? - The Court has been unwilling to use the law to achieve political change. - Liberal justices are activist and conservative justices are restrained. - Justices never make decisions based on ideology, only on precedent. - Justices regularly use ideology to guide their voting behavior.

- Justices regularly use ideology to guide their voting behavior.

Unless subsequently heard by the Supreme Court, the decisions made by federal appeals courts are final. How does the system attempt to mitigate the danger of such a provision? - Multiple judges serve on every appeals case. - Each circuit has a Supreme Court justice assigned to it to handle special requests for action by the Supreme Court. - Appeals court decisions must be validated by a circuit court judge who did not actively serve on the case. - Each circuit must have a percentage of its decisions reviewed by another circuit annually.

- Multiple judges serve on every appeals case. - Each circuit has a Supreme Court justice assigned to it to handle special requests for action by the Supreme Court.

Order these from the circuit court hearing the most cases to the fewest cases in 2020. - D.C. Circuit - Fourth Circuit - Ninth Circuit - Fifth Circuit

- Ninth Circuit - Fifth Circuit - Forth Circuit - D.C. Circuit

Which of the following criteria are used by the Supreme Court to determine whether it will hear a case? - Parties have standing, or a stake, in the outcome. - The issue represents a controversy. - The case is timely; the issue is not moot. - Parties to the issue have an interest in the outcome.

- Parties have standing, or a stake, in the outcome. - The issue represents a controversy. - The case is timely; the issue is not moot.

Which description of Supreme Court justices is true? - Justices of the same party always vote as a bloc. - Justices often issue unanimous decisions so that they have more impact. - Supreme Court nominees tend to share the same ideologies as the presidents who appoint them. - Successful Supreme Court nominees are rare, and most nominees are blocked from confirmation.

- Supreme Court nominees tend to share the same ideologies as the presidents who appoint them.

Which of the following is the best example of stare decisis? - The government is being sued for unlawful discrimination by someone who claims to have been targeted because of his or her race. - The Supreme Court overturns a state law that restricts handgun ownership stating that it conflicts with District of Columbia v. Heller. - An attorney argues that an unlawful environmental regulation forced her client from her property. - An attorney argues that an employer broke a contract by firing the client without severance pay.

- The Supreme Court overturns a state law that restricts handgun ownership stating that it conflicts with District of Columbia v. Heller.

What happens when a federal district court grants a writ of habeas corpus to a defendant convicted in a state court? - The case gets returned to the original state district court. - The case is considered by a federal court. - The case is considered by a state appellate court. - The case is considered by the state supreme court.

- The case is considered by a federal court.

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 gets one more vote than the other justices. - The chief justice might exercise more influence over a case through a formal right to speak first. - The chief justice exercises the most control over which cases are accepted into the Supreme Court. - If in the majority, the chief justice decides who will write the decision for the Court.

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

Which of the following are factual limitations on the power of federal courts? - The courts cannot exercise power on its own initiative. - The courts are constrained by stare decisis, or previous decisions, because they cannot overrule precedents. - The courts must depend on other branches to enforce its rulings. - The courts must consult with Congress prior to overruling federal statutes.

- The courts cannot exercise power on its own initiative. - The courts must depend on other branches to enforce its rulings.

Which of the following are factual limitations on the power of federal courts? - The courts cannot exercise power on its own initiative. - The courts must depend on other branches to enforce its rulings. - The courts are constrained by stare decisis, or previous decisions, because they cannot overrule precedents. - The courts must consult with Congress prior to overruling federal statutes.

- The courts cannot exercise power on its own initiative. - The courts must depend on other branches to enforce its rulings.

Which of the following led to an expansion in the power of the federal judiciary in the post-World War II era? - The federal courts expanded the concept of standing, which allowed almost any group hoping to challenge the actions of an administrative agency to bring a case before a federal court. - The federal courts began limiting its use of judicial review as its legitimacy was called into question. - The federal courts broadened the scope of remedies they could provide by permitting suits on behalf of broad categories or classes of persons in "class-action" cases. - The federal courts began to use structural remedies by retaining jurisdiction over a case until the court's ruling had actually been implemented to its satisfaction.

- The federal courts expanded the concept of standing, which allowed almost any group hoping to challenge the actions of an administrative agency to bring a case before a federal court. - The federal courts broadened the scope of remedies they could provide by permitting suits on behalf of broad categories or classes of persons in "class-action" cases. - The federal courts began to use structural remedies by retaining jurisdiction over a case until the court's ruling had actually been implemented to its satisfaction.

Which statements about the Supreme Court's opinions on a case are correct? - There is only one opinion written on behalf of the winning side. - The chief justice always writes the majority opinion. - The majority opinion sets major precedent for future cases. - The dissenting opinion can signal division in the Court.

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

Identify the correct and incorrect statements about Marbury v. Madison. - The Court invented the notion of a supremacy clause. - The Court overturned a state law for the first time. - The opinion asserted the power of the judiciary. - Chief Justice John Marshall avoided a direct confrontation with the president.

- The opinion asserted the power of the judiciary. - Chief Justice John Marshall avoided a direct confrontation with the president.

Which of the following statements about reversals are correct? - Most of the cases heard by the circuit courts go on to be heard by the U.S. Supreme Court. - The circuit courts have similar caseloads to balance the work and ensure fair outcomes. - The reversal rate from 2007-2020 for each court was above 50 percent, with the First Circuit having the lowest reversal rate at 52 percent. - Circuit courts that are skewed heavily toward one party or the other (in terms of the appointing president) tend to have higher reversal rates than those more evenly balanced.

- The reversal rate from 2007-2020 for each court was above 50 percent, with the First Circuit having the lowest reversal rate at 52 percent.

Why are oral arguments an important part of the Supreme Court's decision-making process? - They allow justices to better understand the heart of the case. - Justices can ask questions of attorneys that might not have been addressed in the briefs. - They offer an opportunity to discuss the case with other justices. - They allow justices a chance to gauge public opinion on the topic.

- They allow justices to better understand the heart of the case. - Justices can ask questions of attorneys that might not have been addressed in the briefs.

Properly order the steps a case typically goes through in the federal court system. - U.S. district courts - U.S. Supreme Court - U.S. courts of appeals

- U.S. district courts - U.S. courts of appeals - U.S. Supreme Court

What is an amicus curiae brief? - a petition to have the Court review a congressional statute - a summary of the previous decisions that have relevance to a case - a petition for a writ of certiorari - a brief submitted by a third party in hopes of influencing the justices

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

What factors influence the Supreme Court's decision-making practices? - deference to lower court rulings - concern over protecting the Court's reputation - political ideology - law and precedent on relevant cases

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

When does the Supreme Court have original jurisdiction over a case? - in a case between two or more states - in cases in which a foreign ambassador is involved - in a case in which a member of Congress is involved - when a state government brings a case against citizens of another state - in cases brought by the federal government against a citizen - in a case between the federal government and a state government

- in a case between two or more states - in cases in which a foreign ambassador is involved - when a state government brings a case against citizens of another state - in a case between the federal government and a state government

Which area of state policy does the Supreme Court monitor the most? - welfare - trade - law enforcement - building codes

- law enforcement

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 court decisions - send the army to enforce previous decisions - review state laws - make amendments

- review state court decisions - review state laws

What is one core aspect of the solicitor general's job? - representing civilian or private groups in suits against the government - assigning law clerks to each justice - approving writs of certiorari granted by the justices - reviewing federal agency cases before they are appealed to the Court

- reviewing federal agency cases before they are appealed to the Court

What are some ways for petitioners to show that they have standing, or the right to initiate a court case? - show injury to oneself - live within the boundaries where a law is applicable - show they have a substantial stake in the outcome - show that there could potentially be injury to someone

- show injury to oneself - show they have a substantial stake in the outcome

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. - U.S. Supreme Court - state trial courts - federal courts of appeals - federal district courts - state courts of appeals - state supreme courts

- state trial courts - federal district courts - state courts of appeals - federal courts of appeals - state supreme courts - U.S. Supreme Court

Which of the following characteristics are relevant in determining which federal court has jurisdiction over a case? - the size of the court's docket - subject matter of the case - the parties in the case - location where the case was filed

- subject matter of the case - the parties in the case - location where the case was filed

This clause of the Constitution gives the Supreme Court the authority to rule on cases involving state laws and state constitutions. - elastic - supremacy - commerce clause - necessary and proper

- supremacy

Which of the following specifically gave the Supreme Court the authority to reverse state laws and constitutions? - United States v. Jones - the Judiciary Act of 1789 - Marbury v. Madison - the establishment clause

- the Judiciary Act of 1789

The chief justice has voted with the minority of justices on a case. Who gets to assign which justice will write the majority opinion? - the justice that most justices in the majority voted for to write the opinion - the most senior associate justice in the majority - the most senior associate justice in the minority - the chief justice

- the most senior associate justice in the majority

When will an appellate court agree to hear an appeal? - when the party filing the appeal shows the trial court made a legal error - when the party filing the appeal does not agree with the trial court's decision - when the party filing the appeal finds new witnesses to testify - when the government appeals the criminal court's "not guilty" decision

- when the party filing the appeal shows the trial court made a legal error

In recent years, the Court has granted writs of certiorari to about what percentage of petitioners? - 1 - 5 - 25 - 50

1

How many Supreme Court justices must agree to hear a case in order for it to receive a writ of certiorari? - 1 - 4 - 5 - 9

4

writ of habeas corpus

A defendant who does not understand why he was arrested would likely request this.

due process of law

A plaintiff who was arrested and then refused an attorney might argue that he was denied this right.

criminal law

Only the government can bring charges against an individual.

Eighth Circuit

Republican-majority

Fifth Circuit

Republican-majority

criminal and civil

The government may be a party to the dispute.

defendant

The party accused of breaking the law.

plaintiff

The party who brings the case before the court.

plea bargain

This ends most criminal trials before they ever begin.

appellant

This is the party seeking a new trial because of the belief that the trial court made an error.

jury

This is the party that must decide if a defendant violated the law in a criminal case.

civil law

This mainly involves torts and contract disputes between individuals, groups, and corporations.

(True or False): In the United States, most court cases are heard in state courts.

True

(True or False): Justices will sometimes look for cases that serve as vehicles to involve the Court in an area of policy or politics that they believe the Court should intervene in.

True

(True or False): 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

brief

attorney-written document arguing why the Court should agree with their client

What is the title for the justice on the Supreme Court who presides over the Court's public sessions and conferences and is the first to speak when justices deliberate? - major justice - chief justice - senior justice - associate justice

chief justice

The most common kinds of ______________ cases involve contracts, which deal with agreements between parties, and ______________, which deal with situations in which one individual has been injured due to the negligence of another.

civil, torts

Numerous car manufacturers installed air bags that, under certain conditions, can explode and injure passengers. Owners of these cars banded together to file a single _________________.

class-action suit

Justice Sotomayor finds herself in the minority on a case and decides to write an opinion explaining why she disagrees with the rest of the Court. This is an example of a ___________________ opinion. Justice Kagan finds herself in the majority; however, she voted with the majority for a different reason than the majority opinion focuses on. To explain her reasoning, she authors a ____________________ opinion.

dissenting, concurring

dissenting opinion

document laying out the legal belief of a minority of the Supreme Court justices about the case in question

opinion

document laying out the legal belief of the Supreme Court justices about the case in question

amicus curiae brief

interest-group-written brief that advises the Court on how to rule on a case

What power allows the Supreme Court to rule on the constitutionality of government actions? - judicial review - rule of four - habeas corpus - supreme power

judicial review

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 courts. After nomination, the candidate must first be considered by the ________________ Committee

president, Senate Judiciary

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

president, Senate Judiciary

In general, a justice guided by judicial __________________ would avoid going beyond the clear words of the Constitution when interpreting the document's meaning. In contrast, a justice guided by judicial __________________________ would be more willing to consider the broader societal applications of its decisions when deciding constitutional questions.

restraint, activism

During the confirmation of federal judges, what factor plays the largest role in senators' decision-making process? - their years of experience - their home state - their qualifications - their partisanship

their partisanship

Which president made the most total appointments to the federal courts? - Obama - Trump - Biden - Clinton

Clinton

Who, or what, determines the number of justices that sit on the Supreme Court? - the Court itself - the president - Congress - the Constitution

Congress