GOVT 2305 - Chapter 13. The Federal Courts

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 overall sequence of steps in this process.

1. Petition for a writ of certiorari is filed 2. The court grants a writ of certiorari 3. Oral arguments commence 4. The justices convene a conference

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. (The attorney is invoking stare decisis by using a precedent established by another court, insisting that the previous decision must stand for the new case because of similar circumstances.)

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

Correct Answers: - Courts can only offer limited forms of relief. Judges must wait for cases to come to them. - Courts lack enforcement powers. Incorrect Answer: - Courts lack appellate jurisdiction.

Which statements are supported by the information presented in the infographic?

Correct Answers: - Governors play a role in selecting judges in over half of the states. - Most states in the U.S. South do not rely on their governor to select judges. - Less than half of the states select judges via elections. Incorrect Answer: More than half of the states select judges via elections.

Why are oral arguments an important part of the Supreme Court's decision-making process?

Correct Answers: - Justices can ask questions of attorneys that might not have been addressed in the briefs. - They allow justices to better understand the heart of the case. Incorrect Answers: - They offer an opportunity to discuss the case with other justices. - They allow justices a chance to gauge public opinion on the topic.

Which of the following statements about criminal law are accurate?

Correct Answers: - Most criminal law begins and ends at the state level. - The government serves as the plaintiff in a criminal case. Incorrect Answers: - An individual may charge another individual for violating a statute. - Criminal law deals with felony crimes or higher; offenses such as traffic violations are civil matters.

Which two scenarios are most likely to be granted a writ of certiorari by the Supreme Court?

Correct Answers: - 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. Incorrect Answer(s) - 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.

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

Correct Answers: - The case is timely; the issue is not moot. - Parties have standing, or a stake, in the outcome. - The issue represents a controversy. Incorrect Answer: - Parties to the issue have an interest in the outcome.

Which of the following cases can be heard only in a federal court?

Correct Answers: - a case involving a federal law - a case involving interpretation of the U.S. Constitution Incorrect Answers - a case involving citizens from multiple states - a case appealed out of a state trial court

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

Correct Answers: - in a case between the federal government and a state government - 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 two or more states Incorrect Answers: - in a case in which a member of Congress is involved - in cases brought by the federal government against a citizen

A group of individuals who have a general interest in the environment have sufficient standing to file a class-action lawsuit against a company polluting a waterway.

False (For individuals in a class-action lawsuit to have standing, they must each demonstrate that they have been specifically injured.)

The Supreme Court is an active participant in the legislative process, as seen by how they often rule acts of Congress unconstitutional.

False (The Court has struck down less than 160 acts of Congress in over 200 years.)

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

Judicial review was established in the decision of Marbury v. Madison. (Judicial review was established by Justice John Marshall as a way of asserting judicial power while avoiding a confrontation with Thomas Jefferson.)

Different methods of judicial selection have an impact on judicial independence. Identify the methods more likely to make judges more accountable to voters and those likely to make judges more accountable to elected officials.

More Accountable to Elected Officials: - gubernatorial appointment through nominating commission - legislative selection - gubernatorial appointment More Accountable to Voters: - nonpartisan election - partisan election

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

Reviewing federal agency cases before they are appealed to the court (The solicitor general rejects more requests for appeal from government agencies than he or she approves.)

Properly order the steps a case typically goes through in the federal court system.

U.S. district courts U.S. courts of appeals U.S. supreme courts

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. district courts U.S. courts of appeals U.S. supreme courts

Match each Supreme Court document to its definition.

brief: attorney-written document arguing why the court should agree with their client opinion: document laying out the legal belief of the supreme court justices about the case in question amicus curiae brief: interest-groups-written brief that advises the court on how to rule on a case dissenting opinion: document laying out the legal belief of a minority of the supreme court justices about the case in question

Match each legal term to the description or example that best illustrates its use in the justice system.

due process of law: - A plaintiff who was arrested and then refused an attorney might argue that he was denied this right. plea bargain: - This ends most criminal trials before they ever begin. writ of habeas corpus: - A defendant who does not understand why he was arrested would likely request this. precedent: - A past case is used by a judge to determine how to rule in a present case.

Study the Who Participates? infographic, and then answer the question. Place in order from most common to least common the selection methods that states use to select judges.

gubernatorial appointment through nominating commission nonpartisan election partisan election gubernatorial appointment legislative selection