Chapter 3

Question 1

Most cases heard by the Supreme court come to it through:

Answer 1

writ of Certiorari

Question 2

How are presidential nominations of justices to the Supreme Court chosen?

Answer 2

Presidents nominate those who they believe share their political onions

Question 3

How many justices does it take to grant a writ of Certiorari?

Answer 3

4

Question 3

What was the Framer’s intentions concerning the relationship between state and federal courts?

Answer 3

State courts were to be the primary courts with the federal courts possessing jurisdiction over a select group of cases

Question 3

What did Marbury V Madison declare?

Answer 3

The power of judicial review and invalidated an act of congress extending to its original jurisdiction in violation to article III.

Question 4

The constitution provides 2 forms of federal judicial jurisdiction. They are:

Answer 4

Diversity and Federal Question

Question 5

The eleventh amendment was ratified as a result of what supreme court decision?

Answer 5

Chisholm v Georgia

Question 6

What method of constitutional interpretation is applied in a manner consistent with the framer’s intentions?

Answer 6

originalism

Question 7

Does the Constitution establish how many Justices will serve on the Supreme Court?

Answer 7

NO

Question 8

The court of last resort for most federal cases is the:

Answer 8

Circuit Court of Appeals

Question 8

How many types of Court Jurisdiction and what are they

Answer 8

2 Original Jurisdiction and Appellate Jurisdiction

Question 9

Jurisdiction

Answer 9

A court’s authority to hear certain cases

Question 10

Original Jurisdiction

Answer 10

Court does not receive a case as an appeal
Court is usually where the complaint is filed
This is the trial level where cases are heard

Question 10

What has both Original and Appellate Jurisdiction

Answer 10

Supreme Court

Question 11

Appellate Jurisdiction

Answer 11

authority of a court to review the proceeding of another court or administrative agency
Courts that have only appellate jurisdiction normally do not conduct trials.

Question 12

Does the House of Representatives have interaction of appointing federal judges

Answer 12

NO

Question 12

recusal

Answer 12

refers to the self-removal of a judge or prosecutor from a legal case due to a conflict of interest

Question 12

Senatorial Curtesy or Blue Slip

Answer 12

Practice of involving and getting a recommendation from the senator of the home state they prospective judge is from. It is important that the Senator from the prospective judge home state to be on board because the Senator can reject them.

Question 13

Senate’s role in appointing federal judges?

Answer 13

Senate appoints using its power of “advice and consent.”

Question 14

Can Federal Courts issue declaratory judgement?

Answer 14

Yes

Question 15

Declaratory Actions

Answer 15

cases where a party seeks a court to declare rights but does not order any further relief. Seeks court to declare whether the law is valid or invalid and establish what rights everyone has under this law.

Question 16

Diversity of Citizenship

Answer 16

If two parties (plaintiff and defendant) live in the same state, then state courts have jurisdiction over both of them. The State courts are available to hear their case.
If parties want to file in Federal Court, all plaintiffs must be diverse from all defendants.
If they are not diverse, the Court does not have jurisdiction to hear their complaint

Question 17

Rule of 4

Answer 17

Remember the Court chooses the Appeals it wishes to hear

at least 4 of the 9 Justices must vote to hear the case

Question 18

Standing

Answer 18

The legal capacity to bring and maintain a suit

Question 19

Ripeness

Answer 19

Was the suit filed before harm or threat of harm has occurred or is imminent
If there is no genuine dispute – court does not have jurisdiction.

Question 20

Mootness

Answer 20

Was the filing made too late? Has the issue the parties want decided been resolved?
If the issue has been resolved, the court would be issuing and advisory opinion.

Question 21

Sovereign Immunity

Answer 21

Governments can refuse to be sued

Question 22

US District Court

Answer 22

where most cases are heard can be civil or criminal cases

Question 22

Concept of Severability

Answer 22

Just because one part of a statute may violate the constitution, does not mean the entire statute is null and void. Courts may sever one part of a statute, rule it violates the constitution but still allow the rest of the statute to be valid law – remain in effect.

Question 23

Gerrymandering

Answer 23

manipulating voting district borders to favor a party

Question 23

Exceptions to Sovereign immunity:

Answer 23

1) States are not immune from suit by the Federal Government
2) States may wave immunity
3) Counties, municipalities, and governmental subdivisions are not sheltered from suits under the 11th Amendment
4) State officials may be sued in Federal Court for constitutional violations

Question 24

Court of last resort

Answer 24

Supreme Court

Question 25

For federal Cases what is the court of last resort?

Answer 25

Courts of Appeals

Question 26

Exceptions Clause

Answer 26

Article III, Section 2, Clause 2
Congress can establish exceptions to the Supreme Court Appellate review

Congress has broad authority in limiting what SCOTUS’ appellate authority, HOWEVER, Congress cannot limit this authority to decide the outcome of one specific case.

Question 27

Who enforces the courts decision?

Answer 27

Executive branch

Question 28

Who determine the number of Supreme Court Justices?

Answer 28

Congress