GOVT Exam 2 - Federal Courts

Why is legal precedent important to the courts?

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

Why does the Supreme Court rarely challenge the actions of executive agencies?

Doing so may provoke a fight with the president. Executive agencies follow a formal rule-making process.

In recent years, the Court has granted writs of certiorari to about what percentage of petitioners?

1%

Once the Supreme Court accepts a case for review, what steps does it take to come to a ruling?

1. A writ of certiorari is granted 2. Attorneys submit their briefs 3. Attorneys present their oral arguments 4. The case goes to conference 5. A member of the majority writes the opinion

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

4

Which of the following is the best example of stare decisis?

An attorney uses a previous state court ruling to argue his client's case

Which of the following are ways Congress can check the power of the federal courts?

It can reduce the jurisdiction of the courts through statutes. It can reduce the number of judges and courts.

Which of the following are limitations on the power of the federal courts?

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

How did the Supreme Court gain the power of judicial review?

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

Which statement best describes the role of political ideology in justices' decisions?

Justices regularly use ideology to guide their voting behavior

Which statement about criminal law is accurate?

Most criminal law begins and ends at the state level

This clause of the Constitution gives the Supreme Court the authority to rule on cases involving state laws and state constitutions.

Supremacy

Which of the following criteria are used by the Supreme Court to determine whether it will hear a case?

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

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 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 statements about the Supreme Court's opinions on a case are correct?

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

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

amicus curiae brief

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

brief

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

dissenting opinion

When does the Supreme Court have original jurisdiction over a case?

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

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

opinion

What is one core aspect of the solicitor general's job?

reviewing federal agency cases before they are appealed to the court

What is an amicus curiae brief?

a brief submitted by a third party in hopes of influencing the justices Amicus curiae briefs offer additional arguments, data, or relevant precedent that a party not involved in the case (neither plaintiff nor defendant) hopes the Court will consider as the justices make their decision.