Ch.9

Most U.S. circuit court of appeals decisions are made by

A three-judge panel.

The Senate may reject a judicial nominee if he or she is seen as

A. Having major character flaws. B. Extremely ideological. C. Unqualified.

Which of the following is a limitation on judicial authority?

A. Inability to enforce judicial rulings. B. Constitutional amendments against judicial rulings. C. Congressional clarification of laws in response to judicial rulings.

Which of the following is accurate concerning law clerks?

A. Most are White. B. Most are male. C. Most have elite law degrees

The story of Goodwin Liu's unsuccessful nomination to the Ninth Circuit Court of Appeals demonstrates

A. The strength of partisan politics in judicial politics. B. The importance of the perceived ideology of a judicial nominee. C. The ability of a few politicians to prevent and delay essential political processes.

A type of law pertaining to the rules made by bureaucrats and administrative agencies is known as

Administrative law.

If a case is brought before a federal court concerning regulations made by the Federal Aviation Administration (FAA), it is said to deal with

Administrative law.

Briefs filed by parties that have an interest in the outcome of a case but are not directly involved in it are called

Amicus curiae

The types of cases in which the Supreme Court reviews legal issues decided by a lower court is said to have

Appellate jurisdiction

The U.S. Supreme Court largely hears cases in which it has

Appellate jurisdiction.

How are courts defined?

As institutions that interpret the laws.

A type of law that pertains to a dispute between two parties, at least one of which is a nongovernmental private party, is known as

Civil law.

If a case is brought before a federal court concerning compensation for an individual's negligent actions, it is said to deal with

Civil law.

The requirement that there must be an actual case or controversy between two parties for the federal judiciary to decide a case is known as

Justiciable.

A belief that the Constitution should be interpreted to reflect contemporary times is known as

Living constitution.

In 2013, the Democratic-controlled Senate altered the filibuster rules to prevent a minority of Senators from being able to obstruct the confirmation of the president's

Lower court nominees.

The opinion reflecting the winning outcome of a Supreme Court case that is signed by at least a plurality of the justices is called a

Majority opinion.

In the Brown v. Board of Education (1954) case, the Supreme Court used judicial review to make racial discrimination a national issue, thus

Making states' rights to racial discrimination unconstitutional.

Which Supreme Court decision established the concept of judicial review?

Marbury v. Madison (1803)

Very serious crimes, such as homicide and armed robbery, often receive lengthy sentences and are known as

Felonies.

For the federal judiciary to rule on a case, it must be demonstrated that the case is within federal

Jurisdiction.

What are the two simultaneously operating tracks of the American judiciary?

State courts and federal courts.

Where do the majority of court cases take place?

State courts.

A type of law pertaining to rules made by legislatures, especially Congress, is known as

Statutory law.

If a case is brought before a federal court concerning a law created by a state legislature, it is said to deal with

Statutory law.

Justice Clarence Thomas's dissenting opinion in the Virginia v. Black Supreme Court case concerning cross-burning argued

That cross-burning is not free speech or expression, but rather relates to a call to intimidation and violence against groups the KKK does not like.

Who was the first African American Supreme Court Justice?

Thurgood Marshall.

Which of the following is the primary purpose of the U.S. Supreme Court?

To hear appeals from federal appellate courts and state supreme courts.

Which of the following is the primary purpose of U.S. circuit courts of appeals?

To review legal questions that arise from district court trials.

Which of the following is the primary purpose of U.S. district courts?

To serve as federal trial courts that are fact-finding institutions.

Which federal courts were responsible for applying the second Brown v. Board of Education (1955) ruling to specific geographic areas?

U.S. district courts.

What is the maximum number of justices currently allowed to serve on the Supreme Court?

9.

Who determines guilt or negligence in federal district courts?

A jury.

The extension of civil rights to Blacks through Supreme Court rulings demonstrates the use of

A living constitution.

Federal jurisdiction relates specifically to accusations of

Breaking federal statutes.

An opinion that agrees with the outcome of a Supreme Court case but for reasons different from those expressed in the majority opinion is called a

Concurring opinion.

The Senate Judiciary Committee

Conducts hearings for judicial nominees and issues recommendations.

Who establishes each geographic district for the federal judiciary?

Congress.

A type of law pertaining to precedents set by courts interpreting the Constitution is known as

Constitutional law.

If a case is brought before a federal court concerning the separation of powers or civil liberties, it is said to deal with

Constitutional law.

A type of law that pertains to violations of a code of behavior specified in local, state, and federal statutes is known as

Criminal law.

If a case is brought before a federal court concerning an alleged homicide, it is said to deal with

Criminal law.

An opinion that disagrees with the winning side of a Supreme Court case and explains why is called a

Dissenting opinion

Unlike criminal law cases, civil law cases

Do not result in prison time or fines.

How was the Fourteenth Amendment reinterpreted in the Brown v. Board of Education (1954) decision?

Equal protection prohibits racial discrimination.

The Framers designed the judicial branch to be

Independent of the opinions of the public majority.

The practice of interest groups arguing cases before the judiciary as a means of influencing public policy is known as

Interest group litigation

A conception of judicial review that believes courts should overturn laws or government actions even if there is no clear constitutional directive is known as

Judicial activism.

If a judge demonstrates a desire to vigorously check the power of the other branches, even when there is not a great deal of constitutional basis for this, he or she is providing an example of

Judicial activism.

Which branch of government was most responsive to the civil rights demands of racial and ethnic minorities in the mid-1900s?

Judicial branch.

A conception of judicial review that believes courts should not overturn laws or government actions unless there is a clear directive in the Constitution is known as

Judicial restraint.

If a judge demonstrates a desire to defer to the decisions of elected branches of government, he or she is providing an example of

Judicial restraint.

The power of a court to overturn a law or official government action because it is deemed unconstitutional is known as

Judicial review.

Crimes that are not the most serious in the judicial system often receive relatively little jail time and low fines and are known as

Misdemeanors.

An aspect of justiciability that requires that the conflict causing the case must still be germane and could not have been resolved on its own is known as

Mootness.

Can federal judges generally be removed from office because of unpopular decisions?

No, impeachment is largely reserved for ethical violations.

Who determines the constitutionality of government actions in the federal district court system?

One judge.

A belief that the Constitution should be interpreted only according to the intent of its authors (and the intent of the state legislatures that ratified the amendments) is known as

Original intent

A defined set of cases that avoids a lower court and goes directly to the Supreme Court is said to have

Original jurisdiction

The nomination of judges for the federal judiciary is highly

Political.

A principle articulated in a previous case that judges use to decide current cases is known as

Precedent.

Which of the following acts as a check on judicial power?

Precedent.

Justice Thurgood Marshall's dissenting opinion in the Regents of the University of California v. Bakke case concerning racial quotas in admissions argued that

Racial quotas were necessary for helping to remedy the effects of the legacy of discrimination.

The practice whereby a president consults with senators in his party to find potential lower court vacancies that occur in the senators' states is known as

Senatorial courtesy.

A high-ranking lawyer in the Justice Department who argues cases before the Supreme Court on behalf of the U.S. government is called the

Solicitor General.

Who was the first Latina Supreme Court Justice?

Sonia Sotomayor.

An aspect of justiciability that requires the party bringing the case to show that the policy in question has caused it an injury is known as

Standing.

Personnel changes on the Supreme Court can lead to

The overturning of precedents.

Criminal cases always involve the government as

The prosecutor.

When do the elected branches of government have influence over the composition of the federal judiciary?

The selection process

One of the primary concerns a president has concerning potential judicial appointees is

Their ideology.

A formal legal document filed by the losing party in a lower court case that asks the Supreme Court to hear an appeal is called a

Writ of certiorari.