Chapter 14: The Courts (Inquizitive)

Use the graphic below to rank the following justices from most conservative to most liberal.

- Clarence Thomas - John Roberts - Stephen Breyer - Sonia Sotomayor

Contrast federal district courts and appeals courts by matching the characteristic to the right kind of court.

Appeals courts - divided into 12 regional courts - intermediate level of federal courts Districts Courts - handles most of the federal cases each year - first level of federal courts

Which factor best accounts for the decreasing number of opinions the Court has issued in recent sessions?

Chief justices have decided the Court shouldn't issue so many opinions

According to the strategic model of Supreme Court decision making, which of the following justices are most important in that model?

the median voter on the Court

Of the retaliatory measures that Congress can take to oppose a Court decision that has interpreted federal law, which is most commonly used?

passing new legislation that effectively overturns or changes the Court decision

What is the most important legal influence on Supreme Court decisions?

precedent

The Court can rely on its enforcement powers to back up its decisions.

False

The Supreme Court allows three witnesses and cross-examinations per side.

False

The Supreme Court stated that it found partisan gerrymandering to be acceptable and that it was not a problem for politics.

False

Which statement is a criticism of strict constructionism?

The Constitution is often vague or lacks specific language on too many important points

A case has reached the Supreme Court, but not as a matter of appeal. How did it most likely get there?

The Court invoked original jurisdiction in a case involving multiple states

In what way did Chief Justice John Marshall's actions in Marbury v. Madison both weaken and strengthen the Supreme Court?

The Court's original jurisdiction was reduced, but it gained the power of judicial review

How did Brown v. Board of Education differ from Roe v. Wade with respect to relations of the Court to the executive branch?

The executive branch acted forcefully to implement Brown v. Board, but several later presidents have tried to limit implementation of Roe v. Wade.

It is easier for Congress to overturn Supreme Court decisions when the cases deal with statutory interpretation than when they deal with constitutional interpretation.

True

Most cases come to the Supreme Court through a writ of certiorari.

True

Most federal felony cases that result in a conviction are settled through a plea bargain.

True

Supreme Court justices may interrupt lawyers to ask questions during oral arguments.

True

The Court does not usually touch political questions. However, it also gets to decide what qualifies as a political question.

True

Which of the following regarding the Supreme Court's procedures is accurate?

When not in session, justices typically write opinions or review briefs

Place the following actions or steps in the order they would take place during the process of the Supreme Court accepting and hearing a case.

- Lawyers for each side of the case submit briefs - Lawyers make oral arguments before the Court - Justices meet in conference to discuss the case and indicate their voting preferences - Justices write up opinions

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

- The Supreme Court struck down part of the Judiciary Act of 1789 as unconstitutional, thus establishing that it had the power to determine the constitutionality of laws

A justice believes the Court should assert itself as part of the policy process by routinely finding actions of the president and Congress unconstitutional. This is an example of judicial ______. Though often confused for it, this is not the same as a ________ perspective, which is a way of interpreting the Constitution that takes into account evolving circumstances.

- activism - living Constitution

Numerous car manufacturers installed air bags that, under certain conditions, can explode and injure passengers. Owners of these cars banded together to file a single _________.

- class-action lawsuit

A _____ is an opinion submitted by one or more justices who disagree with the outcome of the case.

- dissent

Place the following steps in the most likely order that a case would take through the federal court system, from first to last.

- district court - Fifth Circuit Court of Appeals - Supreme Court

If a judge decides cases based on whether they identify more with the conservative or liberal position, they are using _____ as the most important factor in their decision making. The _________ to analyzing judicial actions believes that this is the most important factor for understanding how the Supreme Court works.

- ideology - attitudinalist approach

Justices make decisions based on ____ factors such as precedent and norms, and ___ factors such as ideology and sensitivity to public opinion.

- legal - political

If a case has been resolved before the Supreme Court can hear it and is therefore irrelevant, the Court might choose to dismiss it on the grounds of ______.

- mootness

Other than the Supreme Court, which has both, courts can have one of two types of jurisdiction: _____, which allows them to hear a case first, or ______, which allows them to hear a case after a lower court has already ruled on it.

- original - appellate

For a case to be filed, the ____ must have _____, which means they can show injury from the issue at hand.

- plaintiff - standing

If a president checks with a home-state senator before nominating someone to a district court judgeship, they are following what norm?

- senatorial courtesy

The most recent Supreme Court ruling on partisan gerrymandering found that the Court _______ be involved in deciding the constitutionality of district maps. The ultimate authority for determining such maps rests with _______.

- should not - the states

Most justices participate in _______, wherein law clerks recommend which cases the Court should hear. The ______ then sets the "discuss list" for the day, which is the agenda of cases the justices will consider hearing.

- the cert pool - chief justice

Currently the Court hears about what percentage of the cases submitted to them?

1

A single Supreme Court case can involve justices writing several different opinions, which vary by which and how many justices issue them. Match each type of opinion to its example.

Concurring opinion - an opinion written by a justice who signed the majority opinion but disagrees with its reasoning Majority opinion - an opinion with the backing of at least five justices Plurality opinion - an opinion with the backing of the most justices when a majority opinion cannot be reached Dissent - an opinion submitted by a justice who disagrees with the majority opinion of the case

Justices on the Supreme Court have political ideologies, and these beliefs make them more likely to support certain policies. Label the following political positions and beliefs as more likely to be supported by a conservative justice or a liberal justice.

Conservative justice - support of free markets over the rights of workers - support of prosecutors over defendants - opposition to abortion rights Liberal justice - support of pro-environment regulations - support of policies such as affirmative action designed to help minorities

For each of the following options, specify whether the Court engaged in statutory or constitutional interpretation.

Constitutional review - The Court rules that the president exceeded executive power in making a certain agreement between the United States and a foreign power. - The Court rules that a new voting law passed by Congress violates the Bill of Rights. Statutory Review - The Court rules that a defendant broke federal bank fraud laws by passing forged checks. - The Court rules that the Environmental Protection Agency can restrict a company's pollution because of the Clean Air Act.

Watch the animation, and then answer the following question. Which of the following statements about the U.S. court system are accurate?

Correct Ans: - A case in a state trial court must be successfully appealed three times to reach the U.S. Supreme Court. - State supreme courts handle more cases in a year than all U.S. courts of appeals combined. - Cases can reach the U.S. Supreme Court directly from either a U.S. court of appeals or a state supreme court. Incorrect Ans: - Any state supreme court decision can be appealed to the U.S. Supreme Court.

Which of the following factors make the Supreme Court more likely to hear a particular case?

Correct Ans: - A federal appeals court ruling contradicts a Supreme Court precedent. - Two appeals courts disagree with each other. Incorrect Ans: - There is a conflict between a federal district court and a federal appeals court. - The case can be addressed by elected officials.

Which of the following are true about plea bargaining?

Correct Ans: - A plea bargain can happen in a civil or a criminal case. - In criminal cases, plea bargains are often entered into in exchange for a lighter sentence. Incorrect Ans: - Plea bargains can only happen before a trial has begun. - A plea bargain involves an admission of guilt on behalf of the defendant.

Which of the following statements are accurate, according to the infographic?

Correct Ans: - At the federal level, civil cases are more common than criminal ones. Incorrect Ans: - Appeals courts only exist at the federal level. - Most cases that are decided at the federal appellate level are eventually appealed to the Supreme Court. - Once a state supreme court has ruled on a case, there is nowhere further it can be appealed.

What of the following statements accurately describe the basic structure of court cases in the United States?

Correct Ans: - In criminal cases, the plaintiff is always the government. - In a criminal court case, the plaintiff charges the defendant with a crime. Incorrect Ans: - Civil cases involve potential jail time as punishment. - A class-action suit is a type of criminal suit.

Which of the following statements about senatorial courtesy are correct?

Correct Ans: - It traditionally applies to district court judge appointments. - It was more important in earlier eras of American history. Incorrect Ans: - It cannot be overridden by the president or Senate leaders. - It applied to senators of either party as long as they came from the nominee's home state.

Which of the following statements correctly specify a characteristic of precedent?

Correct Ans: - Lower courts are bound to the precedent set by Supreme Court rulings. - It serves as the basis for common law. Incorrect Ans: - Following precedent is a clear-cut process. - The Supreme Court never overturns its own precedent.

Which of the following statements are true based on the figure?

Correct Ans: - President Trump nominated men at a greater rate during his first year than any of the previous three presidents. - During a president's first year in office, men are nominated more frequently than women to federal circuit courts. - During the past four presidencies, Hispanic judges remained underrepresented in their chances of being nominated, relative to their proportion of the population. Incorrect Ans: - There has been a steady increase in the percentage of nonwhite justices nominated by presidents in their first year in office.

Which of the following statements are true based on the charts below?

Correct Ans: - The Court hears a smaller percentage of the cases appealed today than it did thirty years ago. - More cases are appealed to the Supreme Court today than thirty years ago. Incorrect Ans: - The Court hears more cases today than it heard in the 1980s and 1990s. - The Supreme Court heard the most cases in 2000.

How are the Court's opinion-writing assignments made?

Correct Ans: - The Court sometimes considers public sentiment about individual justices when assigning opinion writing. - Individual expertise can sometimes play a factor in opinion assignment. - Justices may vote strategically so that they can write or assign opinion writing themselves. Incorrect Ans: - The chief justice always assigns the writing of the majority opinion.

Since its establishment in Marbury v. Madison, the concept of judicial review has evolved over the course of time. Which of the following statements about the use and evolution of judicial review are accurate?

Correct Ans: - The Supreme Court has struck down only a tiny fraction of the laws passed by Congress in the nation's history. - After its establishment, judicial review was not used again for over half a century. Incorrect Ans: - The Supreme Court does not have the authority to rule on state laws. - Congress has unsuccessfully challenged the power of judicial review twice.

Which of the following are true regarding federal appeals courts?

Correct Ans: - The court's decision applies only to its own specific geographic region. - Appellate courts are typically the final court for most appealed cases. Incorrect Ans: - Appellate courts' jurisdictions have gotten smaller over time. - Appellate courts are the first courts in which federal cases are usually heard.

How has the Senate affected presidential nominations for federal judges?

Correct Ans: - The district and appeals court nominee confirmation process is more contentious today than in the past. - The Senate rejects nominees far more often for ideological reasons than because of qualifications. Incorrect Ans: - The practice of senatorial courtesy has become more important in recent years. - The confirmation time for federal judges has decreased in the past thirty years.

What role do briefs play in Supreme Court cases?

Correct Ans: - The submission of amicus curiae briefs early on makes it more likely that a case will be heard. - Briefs by parties to the case argue for whether an appeals court decision should be upheld. - Both sides of a case must submit a brief. Incorrect Ans: - Only the defendant is required to submit an amicus curiae brief. - Most cases before the Supreme Court lack an amicus curiae brief filing.

How do class-action lawsuits help increase accountability?

Correct Ans: - They can hold companies responsible for defective products. - Federal regulators do not have the ability to monitor many examples of fraud and consumer safety. - They allow people who have been discriminated against an opportunity to recoup losses. Incorrect Ans: - They force companies to lower the pay gap between entry level workers and CEOs.

How has public opinion influenced the Supreme Court?

Correct Ans: - When the public strongly leans one way or the other, the Court typically agrees with the public. - The Court may sometimes delay issuing a decision on a certain issue based on expected reaction by the public. - The public indirectly chooses the justices by electing the president and senators. Incorrect Ans: - Some of the justice's cert pools engage in public polling on sensitive issues, the results of which are passed on to the justices. - Media appearances by the justices, particularly interviews, can provide justices with a sense of public mood.

Which of the following cases would definitely be eliminated or rejected before they could reach the Supreme Court?

Correct Ans: - a case that involves a citizen challenging a state law that does not have any federal implications - the litigant and the defendant both wanting the Court to render essentially the same decision - a case challenging a federal antidiscrimination law based on a hypothetical situation Incorrect Ans: - a case that involves a third party writing an amicus brief on how it wants the case decided

Which criteria does the Court use to decide whether to hear a case?

Correct Ans: - actual controversy - mootness - standing - collusion

How has the Court preserved its power over time?

Correct Ans: - by rarely using its power of judicial review - by refusing to consider cases that it thinks should be settled by elected officials Incorrect Ans: - by withholding policy funding when states do not enforce its rulings - by ruling in favor of the U.S. government in cases in which it is involved

Which of the following types of cases does the Supreme Court have original jurisdiction?

Correct Ans: - cases involving ambassadors - cases that involve a U.S. state as a party Incorrect Ans: - cases of maritime jurisdiction - cases involving the U.S. Constitution - cases between citizens of different states

What does the solicitor general of the United States do?

Correct Ans: - represents the federal government in cases heard by the Supreme Court that involve the federal government - signals to the Court what cases the federal government wants the Court to hear Incorrect Ans: - represents Congress in those cases that come before the Court - represents the Supreme Court in Congress to ensure the constitutionality of legislation

After the Supreme Court issues a ruling, how can Congress respond if it disagrees with that decision?

Correct Ans: - rewrite the law the Court has ruled on if it is an issue of statutory interpretation - pass a constitutional amendment to deal with the issue Incorrect Ans: - refuse to enforce the Court's decision - veto the Court's decision with a two-thirds majority in both chambers

What tools does the president have to oppose the Supreme Court?

Correct Ans: - refuse to implement the decision - change the character of the Court by nominating justices Incorrect Ans: - reduce jurisdiction of federal courts - disband the Court

"Strict construction" is another name for those who believe in a living Constitution.

False

Contrast judicial activism and judicial restraint by indicating which of the two matches each hypothetical scenario.

Judicial restraint - A conservative justice votes to keep strict environmental laws in place because they were put in place by Congress, even though he or she disagrees with them on principle. - A liberal justice upholds detainment, without access to a lawyer, of illegal immigrants, despite a personal inclination to side with those detained. Judicial activism - A conservative justice votes to force federal executive agencies to omit race as a factor in hiring decisions, even though Congress established these factors in a specific hiring program twenty years prior.

Which aspects of the federal court structure are specified in the Constitution, and which aspects are specified in the Judiciary Act of 1789?

Judiciary Act of 1789 - how and when the Supreme Court should meet - creation of federal district courts - size of the Supreme Court Constitution - lifetime terms for federal judges - created Supreme Court

Which statement about presidential influence over the courts is accurate?

Most lower-court judges share the same party as the president who nominated them.

The majority of justices on the Supreme Court rule that state police forces cannot install GPS trackers on the cars of suspected criminals. The attitudinalist approach to understanding Supreme Court decisions might argue which of the following?

The majority is liberal in their views of individual rights

What argument did the Antifederalists make about the Supreme Court?

The other branches of gov would be unable to control it

The most important factor in nomination battles over federal judges is their

ideology

What is the name given to the Supreme Court's most important power, which allows it to rule on the constitutionality of government actions?

judicial review

Justice Adamo views the Constitution as a changing document that adapts to changing attitudes and circumstances. Justice Adamo is a follower of the _____ perspective.

living Constitution