Gov 5/3/22 Test Review

Anything that treats sex/nudity in an offensive or lewd manner

Obscenity

The 1st Amendment protects expression of ideas from...

The government

By assigning a southerner to write the Court's opinion for a voter discrimination case, the Supreme Court demonstrated its awareness of public opinion.

True

*BONUS: What is the difference between the inquisitorial system and the adversarial system?

Adversarial is when the Judge is impartial and ensures parties are treated fairly. Inquisitorial is when the judge acts as merely an impartial umpire can be considered a waste of a judge's experience.

A pivotal civil liberties case in which the Court was not bound by precedent was

Brown v. Board of Education

Speech that deals with advertising products

Commercial speech

*BONUS: What is the difference between criminal court and civil court?

Criminal cases are typically prosecuted by state officials. Civil cases take place between plaintiffs, or private individuals/organizations.

False statements that damages someone's reputation

Defamation

Because of broad media coverage, a justice's confirmation is no longer contentious.​

False

If a justice disagrees with a decision, he or she can issue a concurring opinion.

False

If an interest group wants to explain to the Supreme Court why a case should be decided in a particular way, the group can submit a writ of certiorari.

False

In one of the Federalist papers, Alexander Hamilton argued that the Supreme Court should have the right to determine whether laws are constitutional.​

False

The Constitution says that a Supreme Court justice must be at least 35 years of age.

False

The Supreme Court has appellate jurisdiction in those cases involving representatives of foreign governments.

False

The Supreme Court's primary function is to settle disputes among the states.

False

The president nominates Supreme Court justices, but the Senate elects other federal judges.

False

Spoken in close contact with someone, intended to initiate violence

Fighting Words

Judicial Philosophy

Ideas about what guidelines to follow when interpreting the constitution

*BONUS: What is the difference between libel and slander?

Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.

In which case did the Supreme Court rule that states could not interfere with federal actions that were necessary to carry out the federal government's constitutional powers?

McCulloch v. Maryland

Verbal expression to an audience

Pure Speech

Speech that supports illegally overthrowing the government

Sedition

How is the process for filling a Senate position different from the process for filling a Supreme Court position?

Senators are elected by the people whereas justices are nominated by the president.

Conduct or actions instead of words to express an idea

Symbolic Speech

Confirmation of Supreme Court nominees typically takes longer today than in the past.​

True

The Supreme Court took on the case of Clarence Gideon in order to determine whether his constitutional rights had been violated.

True

There are limits to free speech

True

Today's justices are more representative of the country as a whole than in the past.​

True

When considering what cases to hear, the Supreme Court often chooses those in which courts have interpreted federal laws differently.

True

When hearing a case, the Supreme Court does not hear testimony from witnesses.​

True

The losing party in a state Supreme Court case can appeal the decision to the U.S. Supreme Court by submitting

a petition for a writ of certiorari

The Constitution requires that a Supreme Court justice

be confirmed by the Senate

"Living" Constitution

belief that judges should apply the Constitution in light of current conditions

Judicial Restraint

belief that the court should avoid overturning laws passed by democratically elected bodies

Judicial Activism

belief that the court should step in if people's rights are violated

Appellate cases

can come either through the state court systems or the federal court system

The legislative branch can check the power of the Supreme Court because it

can remove justices

If a justice agrees with the majority's opinion, but has different reasoning, he or she may issue a​

concurring opinion.

One reason that the justices take a preliminary vote is to

discuss their reasoning

The Supreme Court decides to take a case when it

grants certiorari

Presidents typically work to nominate individuals who

have personal integrity and professional expertise.

A positive effect of justices' lifetime appointments is

having a fair and impartial judiciary.

Stare Decisis

principle that once the court rules, its decision serves as a precedent

When the Court ruled in Brandenburg v. Ohio that the government could not take away the right to free speech just because it might incite a crime, it was

showing judicial activism

President Andrew Jackson's refusal to carry out a Court ruling shows that

the Supreme Court depends on the executive branch to enforce its decisions.

In Marbury v. Madison, Chief Justice John Marshall helped establish

the Supreme Court's power to declare laws unconstitutional.

Once the Supreme Court reaches a decision in a case,

the decision becomes law.

How is a justice who follows judicial restraint likely to be different from an activist?

the justice is less likely to declare an existing law unconstitutional

What is the purpose of the rule of four?

to determine whether the Supreme Court will hear a case

If citizens do not like how the Supreme Court interprets part of the Constitution, they can

work to get the constitution amended

Why do presidents want nominees from a variety of racial and ethnic backgrounds?

They want the justices to be somewhat representative of the entire country.

Brown v. Board of Education of Topeka illustrates how the Supreme Court can be influenced by changing societal values and beliefs.

True