Chapter 3+6 Test Flashcards
What role do courts serve in the United States?
What is the structure of the federal judiciary?
What are federal district courts? How many are there? How many judges hear a
case? How many federal district court judges are there? What is their jurisdiction?
What is an Article III court?
What are the circuit courts of appeal? How many judges hear a case? How do they
decide which judges hear a case? What is their jurisdiction? How many cases per
year do the circuits hear?
What is administrative law? How is administrative law made? Provide examples.
What is agency capture? (p. 119-121)
How does a case reach the U.S. Supreme Court?
How many justices are there on the U.S. Supreme Court? Who are they?
What is the jurisdiction of the U.S. Supreme Court?
What is the process of the U.S. Supreme Court?
What are majority, dissenting, and concurring opinions? What is a plurality opinion?
What is judicial review? Who has this power?
Who are the nine (9) justices of the SCOTUS? Which president nominated them?
What is the partisan breakdown of the SCOTUS and why does that matter?
How are state courts organized? How is the PA Supreme Court organized?
Who are the seven (7) justices on the PA Supreme Court?
How are state court judges selected? What is the Missouri Plan? (pp. 91-92)
How do judges decide disputes? How do judges interpret the Constitution? What is
literalism? What is originalism? What is the attitudinal approach? What is the
strategic approach? (pp. 94-101)
What are executive orders?
How many U.S. Supreme Court justices does it take to agree to grant certiorari?
What are the three functions of administrative agencies? (pp. 116-117) What do
each of them mean? Can you provide examples?
What case is at the SCOTUS now that could potentially upend the entire administrative state?
What are the differences between criminal law and civil law?
What are the various methods of dispute resolution? How do they differ from one
another?
What are the preconditions for adjudication? How do they work?
What are the various social influences on disputing?
How do multiplex and simplex relationships interact with likelihood of adjudication?
How might power dynamics in a relationship impact likelihood of adjudication?
How might cultural influences impact likelihood of adjudication?
What are class action lawsuits and what have businesses done to counteract them?
What is legal consciousness?
What did Ewick and Silbey conclude about styles of legal consciousness?
What did Merry conclude about legal consciousness?
What was Laura Beth Nielson’s study of offensive speech and what does it teach us
about legal consciousness?
What was Phoebe Morgan’s study of sexual harassment and what does it teach us
about legal consciousness?
What was Krisin Bumiller’s study of employment discrimination and what does it
teach us about legal consciousness?
What did Engel and Munger conclude about rights consciousness and the Americans
with Disabilities Act of 1990?
What is the debate over litigation in America? Are Americans litigious?
What argument do Haltom and McCann make regarding the media and litigation?
What argument does Lawrence Friedman make about the “litigation explosion”?
What is alternative dispute resolution (ADR)?
What points do the two (2) articles on D2L regarding lawsuits vs. arbitration make?
What have companies been doing with protecting themselves from class action
lawsuits?
When and why did companies start to include arbitration clauses into their contracts
with consumers?
What four (4) case studies were included in the “Hot Coffee” documentary and what
lessons did they teach?
