Chapter 3+6 Test

Question 1

What role do courts serve in the United States?

Question 2

What is the structure of the federal judiciary?

Question 3

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?

Question 4

What is an Article III court?

Question 5

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?

Question 6

What is administrative law? How is administrative law made? Provide examples.

Question 7

What is agency capture? (p. 119-121)

Question 8

How does a case reach the U.S. Supreme Court?

Question 9

How many justices are there on the U.S. Supreme Court? Who are they?

Question 10

What is the jurisdiction of the U.S. Supreme Court?

Question 11

What is the process of the U.S. Supreme Court?

Question 12

What are majority, dissenting, and concurring opinions? What is a plurality opinion?

Question 13

What is judicial review? Who has this power?

Question 14

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?

Question 15

How are state courts organized? How is the PA Supreme Court organized?

Question 16

Who are the seven (7) justices on the PA Supreme Court?

Question 17

How are state court judges selected? What is the Missouri Plan? (pp. 91-92)

Question 18

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)

Question 19

What are executive orders?

Question 20

How many U.S. Supreme Court justices does it take to agree to grant certiorari?

Question 21

What are the three functions of administrative agencies? (pp. 116-117) What do
each of them mean? Can you provide examples?

Question 22

What case is at the SCOTUS now that could potentially upend the entire administrative state?

Question 23

What are the differences between criminal law and civil law?

Question 24

What are the various methods of dispute resolution? How do they differ from one
another?

Question 25

What are the preconditions for adjudication? How do they work?

Question 26

What are the various social influences on disputing?

Question 27

How do multiplex and simplex relationships interact with likelihood of adjudication?

Question 28

How might power dynamics in a relationship impact likelihood of adjudication?

Question 29

How might cultural influences impact likelihood of adjudication?

Question 30

What are class action lawsuits and what have businesses done to counteract them?

Question 31

What is legal consciousness?

Question 32

What did Ewick and Silbey conclude about styles of legal consciousness?

Question 33

What did Merry conclude about legal consciousness?

Question 34

What was Laura Beth Nielson’s study of offensive speech and what does it teach us about legal consciousness?

Question 35

What was Phoebe Morgan’s study of sexual harassment and what does it teach us about legal consciousness?

Question 36

What was Krisin Bumiller’s study of employment discrimination and what does it teach us about legal consciousness?

Question 37

What did Engel and Munger conclude about rights consciousness and the Americans with Disabilities Act of 1990?

Question 38

What is the debate over litigation in America? Are Americans litigious?

Question 39

What argument do Haltom and McCann make regarding the media and litigation?

Question 40

What argument does Lawrence Friedman make about the “litigation explosion”?

Question 41

What is alternative dispute resolution (ADR)?

Question 42

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?

Question 43

When and why did companies start to include arbitration clauses into their contracts with consumers?

Question 44

What four (4) case studies were included in the “Hot Coffee” documentary and what lessons did they teach?