Chapter 15 Flashcards

1
Q

The great majority of America’s judicial business is transacted in

A

State courts of original jurisdiction

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2
Q

One of the differences between criminal law and civil law is that in civil law

A

There is no charge that a law has been violated

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3
Q

Not everyone can challenge a law. Litigants must have what is called ____, meaning that they must have a serious personal stake in the case, typically determined by whether or not they have sustained or are in danger of an injury.

A

Standing to sue

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4
Q

The constitution specifically provided that there would be a Supreme Court

A

but left it to the discretion of Congress to establish lower federal courts of general jurisdiction

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5
Q

Courts of original jurisdiction are

A

trial courts

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6
Q

An important player at the district court level in each district is the ____, nominated by the president and confirmed by the Senate. He or she serves at the discretion of the president.

A

United States Attorney

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7
Q

Which of the following statements about the selection of Supreme Court justices is False?

A

Senators play a greater role in the recruitment of Supreme Court justices than in the selection of lower court judges.

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8
Q

Senators have dominated the selection of judges for the federal district courts through

A

The custom of senatorial courtesy

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9
Q

The first woman appointed to the United States Supreme Court was

A

Sandra Day O’Connor

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10
Q

The first African-American to serve on the Supreme Court, who had been the NAACP’s lead attorney in Brown v. Board of Education, was

A

Thurgood Marshall

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11
Q

A writ of certiorari

A

is used by the Supreme Court to call up a case

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12
Q

The ____ is a presidential appointee who is in charge of the appellate court litigation of the federal government, works out of the Department of Justice, and can have an important influence on the Supreme Court

A

Solicitor General

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13
Q

Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ___ briefs, raising points of view and presenting information that they hope will influence the Supreme Court’s decision

A

amicus curiae

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14
Q

Stare decisis means that cases are

A

decided on the bases of precedent

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15
Q

Judicial review means

A

the right of the courts to determine whether executive or legislative acts are or are not consitutional

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16
Q

A Per Curiam decision is a

A

decision without explanation

17
Q

The proposal to add justices to the Supreme Court, known as the “court packing plan” to critics, was made by president ___, who wanted to be able to appoint justices more sympathetic to his philosophy than the “nine old men”

A

Franklin Roosevelt

18
Q

One of the most active Supreme Courts in shaping public policy in areas of desegregation and the rights of the accused was the

A

Warren Court

19
Q

Democratic theorist criticize the court on the grounds that they are

A

Not representative of the people or majority public opinion

20
Q

When a higher court hears a case that has previously been decided at a lower level, it is using its authority of

A

Appellate Jurisdiction

21
Q

Most cases reach the US Supreme Court through

A

The appellate jurisdiction of the court

Granting a writ of certiorari

22
Q

The US Supreme Court makes its decisions

A

in a very quick time frame

23
Q

Justices on the losing side can write which type of opinion

A

Dissent

24
Q

Which of the following is not part of the federal justicial system

A

State supreme court

25
Q

When a brief is filed by a group that is not a party to a case but the group wants its concern included in the case’s outcome, the brief is called

A

amicus curiae

26
Q

When nominating a justice to the US Supreme Court, presidents

A

always select someone from their own political party

27
Q

Using judicial precedent means

A

A courts decision on a case should be consistent with previous rulings.

28
Q

A court exercising judicial restraint would most likely

A

Defer to the judgment of legislatures and other elected officials
Respect precedent

29
Q

The doctrine of judicial activism would suggest that the Supreme Court

A

should interpret the law to protect the rights of individuals to achieve social justice
protect people from unreasonable governmental interference in their lives

30
Q

A concurring opinion

A

is delivered when a justice agrees with the majority’s decision, but for different reasons

31
Q

The federal district courts are

A

courts of original jurisdiction

32
Q

US courts of appeal

A

review decisions from district courts

33
Q

The US Court of Military Appeals is an example of what kind of federal court

A

Special US Courts