Chapter 14 - The Supreme Court of the United States

Question 1

What is the primary function of the Supreme Court?

Answer 1

To resolve disputes that arise over the meaning of federal law and the U.S. Constitution.

Question 2

_____ is the Supreme Court’s power to examine the laws and actions of local, state, and national governments and to overturn them if they violate the Constitution.

Answer 2

Judicial Review

Question 3

In this Supreme Court Case, it first exercised Judicial Review.

Answer 3

Marbury v. Madison

Question 4

How many justices are on the Supreme Court?

Answer 4

9

Question 5

______ means consistent in conduct or opinion.

Answer 5

Uniform

Question 6

_______ means first in order of time or development.

Answer 6

Primary

Question 7

________ is a ruling on a law that has not yet been challenged in court.

Answer 7

Advisory Opinion

Question 8

T or F. The Supreme Court can issue advisory opinions.

Answer 8

False

Question 9

T or F. The Supreme Court hears less than 1 percent of the cases appealed to them.

Answer 9

True

Question 10

Which Chief Justice helped shape a strong national government and establish the Court’s power of Judicial Review?

Answer 10

John Marshall

Question 11

Which Supreme Court Case established that the Federal Government was “supreme in its sphere of action?”

Answer 11

McCulloch v. Maryland. The State of Maryland tried to tax the Bank of the United States.

Question 12

Which Supreme Court Case did the court use the Constitution’s commerce clause to deliver a strong message about the power of the national government?

Answer 12

Gibbons v. Ogden. Conflict between a steamboat operator licensed in New York vs. one licensed by the federal government.

Question 13

Which article of the Constitution sets the jurisdiction of the Supreme Court?

Answer 13

Article III, Section 2

Question 14

What Original Jurisdiction is granted to the Supreme Court by the U.S. Constitution?

Answer 14

1. cases involving representatives of foreign government.
2. certain cases where the state is a party.

Question 15

T or F. Most of the Supreme Court’s cases fall under its Appellate Jurisdiction, not it’s Original Jurisdiction.

Answer 15

True

Question 16

__________ allows the Supreme Court to hear cases appealed from lower federal courts of appeal, or it may hear cases from federal district courts where an act of Congress was held unconstitutional.

Answer 16

Appellate Jurisdiction

Question 17

T or F. The U.S. Supreme Court can also hear cases appealed from the highest court of a state if claims under federal law or the Constitution are involved.

Answer 17

True

Question 18

Name the three ways cases reach the Supreme Court

Answer 18

1. Original Jurisdiction
2. Appeals through the State Court System
3. Appeals through the Federal Court System

Question 19

The Supreme Court is MOST concerned about ensuring _______ in decisions about the meaning of the Constitution and the interpretation of federal law.

Answer 19

Uniformity

Question 20

___________ is an order from the Supreme Court to a lower court to send up the records of a case for review.

Answer 20

Writ of Certiorai

Question 21

The __________ is the government official most often responsible for representing the federal government in court.

Answer 21

Solicitor General

Question 22

________ is an attorney who assists a justice in reviewing a case.

Answer 22

Law clerk

Question 23

___________ are typically recent law school graduates who have done exceptional work as law students and have already clerked for one year at a federal court of appeals.

Answer 23

Law clerk

Question 24

________ an unwritten rule declaring that if four of the nine justices agree to hear a case it will be scheduled of argument.

Answer 24

Rule of four

Question 25

T or F. More than 99% of petitioners are denied writ of certiorari from the Supreme Court.

Answer 25

True

Question 26

T or F. The Supreme Court does not hear witness testimony, accept evidence, or have a jury.

Answer 26

True

Question 27

Once the Supreme Court decides to hear a case, each side submits a written _________ explaining how they want the Court to decide their case and the best arguments in support of that decision.

Answer 27

Brief

Question 28

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

Answer 28

Brief

Question 29

_______ is Latin for ‘friend of the court’; a written brief from an individual or group claiming to have information useful to a court’s consideration of a case.

Answer 29

Amicus Curiae

Question 30

Oral argument before the Supreme Court is ___ long.

Answer 30

One hour. Each side gets 30 minutes.

Question 31

________ is issued when the justices all agree on the outcome and the reasons for a decision in a case.

Answer 31

Unanimous ruling.

Question 32

If the Justices disagree on a case, they issue a ________ opinion and a ___________ opinion

Answer 32

Majority / Dissenting

Question 33

______ to alter something already written or printed, in order to make corrections, improve, or update.

Answer 33

Revise

Question 34

T or F. Decisions of the Supreme Court become law.

Answer 34

True

Question 35

The Supreme Court can be influenced by these two factors:

Answer 35

1. Public Opinion
2. Values of Society

Question 36

There are only two Constitutional requirements to serve on the Supreme Court:

Answer 36

1. the person must be nominated by the President.
2. the person must be confirmed by the Senate

Question 37

Presidents consider several factors when nominating a Supreme Court Justice:

Answer 37

1. Merit and Ideology
2. Representative of the country

Question 38

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

Answer 38

Judicial Restraint.

Question 39

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

Answer 39

Judicial Activism.

Question 40

Under _________ once the Court rules on a case, its decision serves as a precent, or model, on which to base other decisions in cases that raise the same legal issue.

Answer 40

Stare Decisis (“let the decision stand”)

Question 41

Stare Decisis is an important principle because it makes the law _________.

Answer 41

Predictable.

Question 42

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

Answer 42

Originalism

Question 43

_______ believe the best way to figure out what the Constitution means today is to look at the original understanding of the people who ratified the Constitution or its Amendments.

Answer 43

Originalists

Question 44

A different approach to originalism is ________.

Answer 44

The “living” constitution

Question 45

_______ is a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text.

Answer 45

“Living” constitution

Question 46

Name some checks on the power of the Supreme Court:

Answer 46

1. The president has the power to appoint justices.
2. The Senate has the power to impeach and remove justices.
3. Congress set their salaries.
4. The people can amend the Constitution

Question 47

This occurs when the Justices agree with an outcome, but not the reasoning.

Answer 47

A Concurring Opinion