Gov Ch. 13
Habeas Corpus
An order to produce an arrested person before a judge. "Show me the body"
The size of the U.S. Supreme Court is set by
Congress
Why is Marbury v. Madison (1803) an important case
In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
main function of the chief justice of the supreme court
The chief justice presides over the Court's public sessions and private conferences
role of the solicitor general?
The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
Which of the following statements best describes the formal requirements of serving as a federal court judge?
There are no formal requirements to serve as a federal court judge.
Administrative Law example...
a case in which John Smith alleges a regulation promulgated by the Environmental Protection Agency is invalid
In some legal actions, a group or class of individuals with common interests file a suit on behalf of everyone who shares the interest. This is called
a class action law suit
in a tort case
a law suit by one individual (the plaintiff) demanding compensation for harm allegedly caused by the actions of another (the defendant)
In the federal court system, each circuit court of appeals has
a range of permanent judgeships depending on the workload of the circuit
cases in which us government is a party are
always heard in a federal court
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.
amicus curiae
Briefs submitted to the United States Supreme Court
are written documents in which attorneys explain why the Court should rule in favor of their clients.
job of a law clerk who works in a federal court?
assist federal judges by researching legal issues and helping prepare opinions
which of the following areas is least related to jurisdiction of federal courts? a. federal laws b. local ordinances c. treaties with other nations d. The U.S. Constitution
b. local ordinances
An overwhelming majority of court cases in the United States are heard
by state courts
Since 2017, the Senate filibuster
cannot be used against any presidential appointments.
________ means that a case before a court must be between two truly adversarial parties.
case or controversy
The rules of access to federal courts can be broken down into three major categories:
case or controversy; standing; and mootness.
When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.
civil
Justice Elena Kagan decides that she wanted to emphasize a particular point in the majority opinion. For that purpose, Justice Kagan will likely
concurring opinion
________ and ________ are the two most common types of civil law cases.
contracts and torts
Suppose a defendant is convicted at trial but believes that the judge made an error that impacted the decision. She would first ask her case be tried again at ________. If she were to lose at that court, she could still try again, if her argument were accepted, at the
court of appeals; supreme court
Cases in which the government charges an individual with violating a statute enacted to protect public health, safety, morals, or welfare fall under
criminal law
government is always plaintiff in
criminal law
Which of the following is least likely to influence the thinking of federal judges? a. judicial philosophy b. ideology c. decisions of state courts d. institutional interest
decisions of state courts
are used to express opposition to a Supreme Court outcome or to signal to the losing side that some members of the Court support its position.
dissenting opinions
Trial courts in the federal judicial system are called
district courts
If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied
due process of law
________ is the right of every individual against arbitrary action by national or state governments
due process of law
In order for the Supreme Court to decide to grant certiorari,
four justices must vote in favor of certiorari.
congress assigned federal court jurisdictions on the basis of
geography
courts made up of judges and juries...
hear the facts on both sides of a case and apply relevant law or constitutional principle to decide which side has the stronger argument.
The assignment of the opinion in a Supreme Court case is
important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
Though used at times by justices on both sides of the partisan divide, which judicial philosophy posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions?
judicial activism
which judicial philosophy refuses to go beyond the clear words of the Constitution in interpreting the document's meaning?
judicial conservatism (used by both parties)
Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.
judicial review
f the Supreme Court were to decide to review a case that alleges President Trump's antiterrorism initiatives violated a citizen's civil liberties, the case likely would be an example of
judicial review of executive power.
Supreme Court explains its decisions in terms of
law and precedence
civil cases involving more than one state and in which more than 75000 is at stake...
may be heard in either the federal or state courts, depending on preferences of the plaintiff
Historically, the power of the federal courts was subject to a number of limitations. One such limitation is that courts are "passive" institutions in that they
must wait until a case is brought to them
Emily Green seeks to file a class action lawsuit in federal court alleging that, as taxpayers, she and other citizens are concerned about the government's failure to protect the environment. The lawsuit would likely
not be heard by the court because Emily lacks standing
if a defendent is found not guilty in a criminal case, the government is
not entitled to appeal the verdict.
The written explanation of the Supreme Court's decision in a particular case is known as the
opinion
In ________, an attorney for each side appears before the Supreme Court to present her client's position and answer the justices' questions.
oral argument
One example of ________ is the fact that a lawsuit filed by Washington against Nevada over river pollution goes directly before the Supreme Court.
original jurisdiction
In court cases the ________ is the party that brings charges and the ________ is the party accused of a violation of the law.
plaintiff; defendent
A certiorari pool describes the
practice by which Supreme Court law clerks work together to evaluate each petition.
When presidents nominate justices to the Supreme Court, presidents make an effort to
select justices who share their political philosophies
Generally speaking, state defendants seeking a federal writ of habeas corpus must
show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals.
the doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
stare decisis
In District of Columbia v. Heller, the United States Supreme Court held that the District of Columbia's handgun ban was an unconstitutional violation of the Second Amendment. In writing the majority opinion, the late Justice Antonin Scalia looked predominantly to the words of the Second Amendment of the Constitution in interpreting its meaning. This judicial philosophy can be described as
strict construction
The power of the Supreme Court to review state actions and legislation is implied by the
supremacy clause of article VI
Once the president has formally nominated an individual for a federal judgeship,
the nominee must be confirmed by a majority vote in the full Senate.
The Least Dangerous Branch according to framers
the supreme court
medical malpractice suits are an example of
tort case
first court to hear a criminal case involving violation of state law
trial court
Most cases reach the Supreme Court through
writ of certiorari