chapter 14 test

Question 1

define amicus curiae

Answer 1

a written brief from an individual or group claiming to have information useful to a courts consideration of a case

Question 2

define brief

Answer 2

a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case

after the supreme court decides to hear a case, each side submits one in support of the decision they want the court to make

Question 3

why may a solicitor general submit a brief

Answer 3

on behalf of the federal government, to explain the governments perspective on the issues of the case

Question 4

what is the Supreme Court’s primary function

Answer 4

to resolve disputes that arise over the meaning of federal law and the U.S. constitution

Question 5

define judicial review

Answer 5

the courts power to examine the laws and actions of all levels of government. The court can overturn those actions if they violate the constitution

Question 6

describe the case of Marburg v.Madison

Answer 6

the Supreme Court first used judicial review in 1803. Justices in the case unanimously ruled that the federal case was unconstitutional

Question 7

describe the Courts’s original jurisdiction

Answer 7

there are 2 types of cases.

1. any case that involves representatives of foreign governments
2. any in which a state is a party

Question 8

describe the Court’s appellate jurisdiction

Answer 8

1. it can hear cases appealed from lower courts of appeal
2. it can hear cases of federal district courts where an act of Congress was determined unconstitutional
3. it can hear cases appealed from the highest court of state if it involves claims under the federal law or constitution

Question 9

what cases may justices in the SC choose

Answer 9

• where lower courts have decided the same issue in different ways
  -cases that raise major questions of the law that will have a national impact
  -business cades that likely involve billions of dollars and directly affect many lives

Question 10

describe a writ of certiorari

Answer 10

the losing party sends the SC a petition of the order to appeal. The petition asks the SC to hear the case and give reasons they should do so. The petitioner can empathize the importance of the case with an amicus brief

Question 11

describe an amicus

Answer 11

means “friend of the court”

brief that would urge the court to accept the case, emphasizing importance on it

Question 12

what’s the formal way for deciding on what cases justices will hear

Answer 12

1. law clerks work in “cert pools,” dividing the work of reading petitions and looking for cases that clearly presents a federal legal issue that’s important and divided the lower courts.
2. they then write summaries of the case, giveing justices a recommendation of whether each petition should be granted.
3. Justices will decide which cases they will hear by the rule of four, scheduling for an argument

Question 13

describe rule of 4

Answer 13

an unwritten rule declaring that if court of the nine justices agree to hear a case, it will be scheduled for an argument

Question 14

what happens after the SC decided to hear a case

Answer 14

each side submits a written brief to put forward their arguments in support of the decision they want the court to make

Question 15

what briefs may special interest groups submit

Answer 15

amicus curiae briefs explaining how they want the Court to decide and why the case is important to their members

Question 16

what are the characteristics of a oral argument

Answer 16

-public
-confined to 1 hour, 30 mins given to each side to present its case and answer questions from the justices

Question 17

describe the opinions

Answer 17

concurring opinion- justice agrees with majority decision but for different reasons

dissenting opinion- justice disagrees with majority decision

majority opinion- all justices agree with the majority opinion for the same reasons

Question 18

when are the opinions of the court released

Answer 18

only when all written opinions have been drafted, circulated, revised, and put in final form

Question 19

what do the decisions of the SC become

Answer 19

laws, but the Court does not have the power to enforce them

Question 20

what are characteristics of a SC justice

Answer 20

they’re not elected, lifetime appointed, and are accountable only to the law

Question 21

what does the Constitution state about SC justices

Answer 21

must be nominated by the president and receive consent by the Senate

Question 22

how are nominations for justices like today?

Answer 22

lengthy and contentious (controversial)

Question 23

what happens with the president and Senate Judiciary Committee during the justice nomination process

Answer 23

they receive advice and input from staff, advocacy groups, and interest groups

Question 24

what is the process of justice nomination

Answer 24

1. president nominates a justice.
2. the nominee is questioned at a confirmation hearing before the Senate.
3. if the SJC votes to send the nominee forward, the nominee is then voted on by the entire Senate.
4. to receive consent, the nominee must have a majority opinion of the votes cast in the Senate

Question 25

what is looked for by president when finding a nominee

Answer 25

• someone with extraordinary personal integrity, professional expertise, and a thorough understanding of the law.
• someone who is intelligent, well educated, and has outstanding oral and written communication skills

-someone who shares the same ideological perspective, giving the president a long lasting impact

-today, many look for gender and racial representation rather then geographic and religious

Question 26

describe supporters of judicial restraint

Answer 26

the philosophy that courts should generally avoid overturning laws passed or actions taken by democratically elected bodies

Question 27

describe judicial activism

Answer 27

the philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights

Question 28

describe originalism

Answer 28

a judicial philosophy that interprets the Constitution by exploring understanding of the text that people had when they adopted the Constitution

Question 29

describe the “active liberty” philosophy

Answer 29

also “living” constitution, a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text

Question 30

what are checks and balances in SC

Answer 30

-issues that come to them through the courts system in the form of legal cases
-laws declared unconstitutional can be rewritten or the Constitution can be amended

Question 31

what two major influences are on the justices decisions

Answer 31

precedents and judicial philosophy, under the principle of state decisis