gov chapter 15

In which of the following ways is it most likely that a case that started in a state court could end up in the federal court system?

The case raises an issue of federal law.

Which of the following is true of appeals to the Supreme Court?

The issue must involve a federal constitutional question or federal law.

What does the custom of senatorial courtesy allow?

The senators of the president's party can veto choices for federal district court judges in their state.

Which of the following accurately describes the constitutional right to the assistance of counsel in a civil suit?

There is no right to an attorney for either party.

What do U.S. courts of appeals do in the cases they hear?

They review the decisions of lower courts.

True or false: Most criminal cases never go to trial because the majority of defendants charged with criminal offenses plead guilty before trial.

True

How does an adversarial judicial system function?

Two parties in dispute present facts, and the court declares one the winner.

Which body of law deals with conduct considered so harmful to society that it is prohibited by statute?

criminal law

What is the source of judicial review?

John Marshall's opinion in Marbury v. Madison

What gives the Supreme Court the authority to declare that an action taken by a government official or agency is unconstitutional?

judicial review

Place the required steps for an appealed case to become part of the Supreme Court docket in order.

1. a petitioner files a writ of petition 2. The Rule of Four is invoked by the justices 3. legal briefs and any amicus curiae briefs are files 4. oral arguments are presented to the court 5. the justices participate in a deliberation conference 6. the final decision is announced by the court

How much time does the Supreme Court allot each party for oral argument?

30 minutes

What happens in a bench trial?

A judge who presides over the trial makes the determination of guilt.

Which of the following is true of the conference that takes place after oral arguments in the Supreme Court?

A justice is assigned to draft the majority opinion. The justices take a nonbinding vote.

In a criminal cases, the government (either state or federal) files a lawsuit and is considered the ______.

prosecutor

What does the U.S. Code include?

All of the laws ever passed by US congress

Which kinds of courts administer and resolve conflicts regarding specific federal laws, such as bankruptcy?

Article I courts

What constitutional provision created the federal court system?

Article III

Per the Constitution, who or what is responsible for creating the structure of the federal court system as well as additional courts?

Congress

If a respondent is found liable in a civil case, he or she is

required to remedy the harm.

How does the Supreme Court's status as a collegial court affect case deliberations?

Deliberations involve compromise and negotiation, since all nine members serve as equals.

How many judges usually sit on each federal appellate bench?

Each case is usually heard by a panel of three judges.

True or false: In order for the rules and regulations promulgated by administrative agencies during administrative rule making to have the force of law, they must first be approved by Congress.

False

True or false: Presidents are forbidden from considering a candidate's political ideology when making a nomination to the Supreme Court.

False

Which phrase best describes the constitutional language establishing the structure of the national court system?

It created the Supreme Court and other courts as Congress may establish.

Which of the following are checks on the presidential use of executive orders?

It depends on the legislature for funding. It is subject to judicial review.

Which of the following accurately describes the Supreme Court nomination process in recent years?

It has become increasingly partisan.

What is a writ of certiorari?

It is an order from a higher court for a lower court to produce a certified record of a case.

Which of the following are true of the Thirteenth Circuit?

It is issue based, not geographically based. It is better known as the Federal Circuit.

To grant certiorari, the Supreme Court requires that four justices agree to review the case, a custom called the

Rule of Four.

What happens to Supreme Court deliberations once a justice receives the assignment of writing the official majority opinion?

The author of the opinion continues to try to persuade other Court members with his or her draft opinion.

In which type of trial does a judge who presides over the trial decide on guilt or liability?

a bench trial

Appellate court cases are generally decided by

a panel of judges.

What tool do groups or individuals who are not party to a Supreme Court case have to influence the decision of the Court?

amicus curiae briefs

In a common law system, the doctrine of stare decisis directs judges to

apply the rulings of previously decided cases in order to decide similar cases.

The Constitution specifies that all federal judges, including Supreme Court justices, shall be

appointed by the president and confirmed by the Senate.

Members of the Supreme Court, excluding the chief justice, possess which title?

associate justice

Why is constitutional law important in criminal trials?

because a guilty verdict could result in the loss of life, liberty, or the pursuit of happiness

What is the term for summaries of cases written by the law clerks of Supreme Court justices?

bench memos

Proponents of substantive representation believe government officials will

best serve the concerns of their own demographic groups.

In a criminal case the government has the burden of proving the defendant's guilt to what extent?

beyond a reasonable doubt

In a civil case, the complainant has the burden to prove the liability of the accused

by a preponderance of evidence.

Between 7,000 and 8,000 ______ petitions are filed with the Supreme Court each year, and it agrees to review only 80 of those cases.

certiorari

The body of law dealing with disputes between individuals, corporations, and governments over harms caused by a party's actions is called ______________ law.

civil

Which of the following is the body of law dealing with private rights and obligations established by voluntary agreements or laws?

civil law

As a ______ court, the Supreme Court is made up of a panel of justices who must work closely together to evaluate a case and decide the outcome.

collegial

The courts' role in lawmaking is most apparent in

common law.

Judicial interpretation of the federal Constitution and state constitutions is known as

constitutional law.

Which of the following constitutional protections prevents the government from appealing not-guilty verdicts in a criminal trial?

double jeopardy

If a complainant proves his or her case by a preponderance of evidence, that means that the respondent

is more likely than not to have caused the harm.

The justice assigned the task of writing a Supreme Court opinion must continue to persuade and respect the perspective of which individual or group when drafting the decision?

every member of the Court, whether of the majority or the minority

How many states have at least one district court?

every state

Laws written by legislatures are referred to as each of the following except

executive orders.

With regard to qualifications to be a nominee to the Supreme Court, the Constitution

is silent.

If a court has jurisdiction in a case,

it has the authority to resolve a case.

Article III, Section 2 of the Constitution limits federal court jurisdiction to cases involving what?

federal questions diversity of citizenship

Once the Supreme Court has accepted an appeal, the parties involved must

file a written brief with the Court.

In order for a case to be heard in an appellate court, it must

first have been decided by another court.

What controversy is at the core of the debate surrounding the creation of the Foreign Intelligence Surveillance Act Court?

government infringement of the privacy of American citizens

In which of the following instances would it be acceptable for a judge to make a ruling that is contradictory to precedent?

if they believe the earlier decision misinterpreted or misapplied the law if there are contradictory precedents

A body of established rules that binds the behavior of governments, individuals, and nongovernmental organizations is called

law

Each of the 50 states

maintains its own court system

In the Supreme Court, a correct decision is

one in which the justices uphold the legal principles found in the Constitution.

Which of the following are qualifications that presidents look for in candidates to the Supreme Court?

oral and written communication skills professional and personal integrity legal education legal experience

The judicial authority to hear cases for the first time and to determine guilt or liability by applying the law to the facts presented is known as ____________ jurisdiction.

original

In order for prosecutors to prove a defendant is guilty beyond a reasonable doubt, they must convince a jury that

there is no plausible reason to believe the defendant did not commit the crime.

Which of the following are characteristics that presidents typically consider when nominating justices for the Supreme Court?

political considerations judicial competence population representation ideology

In a common-law system, what types of cases do judges use to identify how the rule of law has been applied in the past?

precedent cases

Supreme Court justices use bench memos to

prepare for oral arguments.

What is judicial independence?

rules insulating judges from voters or elected officials

Which of the following are a direct result of administrative lawmaking?

standards regulations rules

The American common law evolved from which legal system?

the British legal system

The Supreme Court's appellate jurisdiction is discretionary jurisdiction, which means

the Court can choose the cases it hears.

Who speaks during oral arguments?

the Supreme Court justices attorneys representing the competing parties

The court of last resort for conflicts over the U.S. Constitution is

the Supreme Court.

Who or what creates the laws found in the U.S. Code?

the U.S. Congress

Which of the following is the supreme law in the United States, to which all other laws and treaties must comply?

the U.S. Constitution

When judges base their decisions upon ideological preferences, what model of decision making are they following?

the attitudinal model

Which of the following is not an Article III court?

the court of military appeals

If the Supreme Court rejects a certiorari petition,

the decision made by the last court to hear the case stands.

Which of the following federal courts have original jurisdiction with at least some of the cases they see?

the district courts the Supreme Court the special courts

What type of court system provides separate systems for resolving disputes over state and national laws?

the dual court system

Which two of the following contribute to the political contentiousness of the judicial nomination process?

the fact that the meaning of senatorial "advice and consent" has never been settled the lack of constitutionally enumerated judicial qualifications

A Massachusetts resident sues a Rhode Island resident for $750,000. In which of the following courts could the Massachusetts resident file suit?

the federal court system, due to diversity of citizenship

Which courts are the entry point for the national court system, hearing all cases involving federal criminal and civil law?

the federal district courts

What is a court of last resort?

the highest court in a court system

What does descriptive representation attempt to ensure regarding the demographics of governing bodies?

the inclusion of major demographic groups in proportion to the population

When judges base their decisions primarily upon legal norms and principles, what model of decision making are they following?

the legal model

What is jurisdiction?

the power of a court to hear a case

Who chooses the chief justice in the supreme court?

the president with Senate confirmation

What is the purpose of executive orders?

to create and guide the federal bureaucracy in implementing policy

What is the goal of law?

to punish those in violation of the rules of society to create a peaceful, stable society to create processes to resolve conflicts over rules and expected behaviors

Which of the following are considered by appellate court judges?

trial court transcripts oral arguments legal briefs

Match the court with the type of legal dispute it hears.

trial courts- questions with facts appellate courts- questions of interpretation and application of law

True or false: Most civil lawsuits are settled before they go to trial.

true

Since 1953, about ______ of Supreme Court Justices have previous judicial experience.

two-thirds

The Constitution protects criminal defendants from which of the following?

unreasonable search or seizure double jeopardy cruel and unusual punishment

How long do Supreme Court justices serve?

until death, resignation, or impeachment

Of the following, which is probably the most important characteristic that a president should consider when considering a Supreme Court nominee?

whether they can be confirmed by the Senate

A trial court is a court

with original jurisdiction in a legal dispute.