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ECC 490W > Chaters 7 - ? > Flashcards

Chaters 7 - ? Flashcards

1
Q

What do Supreme Court Justices require of lawyers when presenting their arguments?

A

Lawyers are expected to make eye contact with each Justice.

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2
Q

What is the function of majority opinions of SCOTUS?

A

Majority opinions established legal precedents, often referred to as common law, from which future cases are judged.

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3
Q

How do the opposing arguments of lawyers assist Justices?

A

By identifying and presenting legal issues, lawyers help Justices to understand both sides of the equation, and therefore, assist Justices in synthesizing issues presented before them.

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4
Q

What did Chief Justice Rehnquist say about lawyers who have poor oral presentations?

A

“…that a poorly presented case is apt to be a poorly decided case…”

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5
Q

What are the two responsibilities of oral advocates?

A
  1. Lawyer must put forth the best arguments possible for their clients.
  2. They must recognize their role and responsibility in helping mold law.
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6
Q

What was the first act of the Courts?

A

To vet and approve lawyers to practice law.

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7
Q

When were the first three lawyers permitted to practice law before the court?

A

February 5, 1790

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8
Q

What date did the Supreme Court Justices meet for their initial session?

A

February 3rd, 1790

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9
Q

How many more lawyers were accepted to practice law in SCOTUS, after the first three lawyers were admitted, by the end of SCOTUS’ first term?

A

25.

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10
Q

How many lawyers were added to the docket during the SCOTUS’ second term?

A

29.

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10
Q

How many lawyers were added to the Supreme Court’s docket each year for the first ten years of the court?

A

5.

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11
Q

At the time O’Connor wrote Out of Order how many lawyers on average were admitted to the Supreme Court each year?

A

4,300.

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12
Q

What was the Supreme Court’s most controversial case in the first three years of its existence?

A

Chisholm v. Georgia.

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13
Q

What did Chisholm v. Georgia concern?

A

Executor Alexander Chisholm accused the state of Georgia of failing to recompense Captain Robert Farquhar for commodities he provided during the Revolutionary War.

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14
Q

Why was Chisholm v. Georgia important?

A

It questioned whether Georgia, and therefore any other state, was immune to being sued as a sovereign entity. This case helped determine the power of state governments.

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15
Q

Who did Georgia send as counsel?

A

Nobody.

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16
Q

What Chief Justice was Chisholm v. Georgia argued before?

A

Justice John Marshall.

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17
Q

What was the SCOTUS’ decision in the Chisholm v. Georgia case?

A

That private citizens could bring suit against states, and those states did not possess sovereign immunity.

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18
Q

What amendment did Congress pass that overruled the Chisholm v. Georgia ruling?

A

The 11th amendment.

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19
Q

Who was William Pinkney?

A

A prominent lawyer who started his legal career in Britain in 1812, prior to the start of the Revolutionary War. He served as the U.S. Attorney General too.

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20
Q

How many cases did William Pinkney argue before the Supreme Court?

A

84

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21
Q

What was William Pinkney’s specialty?

A

Maritime law.

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22
Q

What was one of Pinkney’s most important cases?

A

Schooner Exchange v. McFaddon.

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23
Q

What did the Schooner Exchange v. McFaddon case concern?

A

An American merchant ship had been seized by France and its rightful owners found the ship Philadelphia.

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24
Q

What was Chief Justice Marshall’s ruling in Schooner Exchange v. McFaddon?

A

That American courts do not possess authority over a ship seized by a sovereign nation.

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25
Q

How did Pinkney dress and what was his manner?

A

He was a posh dresser who many perceived as snobbish, but he was in fact humble. He once apologized to a fellow lawyer (Daniel Webster) who accused Pinkney of insulting him. Pinkney seemed surprised but promptly apologized.

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26
Q

Who was Daniel Webster?

A

Daniel Webster was the only lawyer who may have topped Pinkney’s legal prowess.

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27
Q

Who used “…classical allusions and rhetorical flourishes” and was known for his ability to recall legal precedent and historical evidence at will?

A

Daniel Webster.

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28
Q

How many cases did Daniel Webster argue?

A

200.

29
Q

What was three of Webster’s most notable cases?

A

McCulloch v. Maryland.
Gibbons v. Ogden
Dartmouth College v. Woodward

30
Q

What was Dartmouth College v. Woodard about?

A

The New Hampshire legislature tried to make Dartmouth a public school. The Court had to consider if Dartmouth College met the criteria of the Constitution’s Contract Clause when deciding whether New Hampshire’s actions were legal.

31
Q

How long did the arguments for Dartmouth v. Woodard last?

A

3 days.

32
Q

How long did the arguments for Gibbons v Ogden last?

A

5 days.

33
Q

How long did the arguments for McCulloch v Maryland last?

A

9 days.

34
Q

When did the Court first limit argument times and to what degree?

A

In 1848, the Court limited arguments to 2 hours per side.

35
Q

When were time limits imposed on arguments again?

A

1925, 1 hour per side.

36
Q

When was the last time argument times were restricted and to what degree?

A

1970, 30 minutes per side.

37
Q

What was the Test Oath Act?

A

It required lawyers to take oaths in which the swore they had not at any time supported the South during the Civil War.

38
Q

When did SCOTUS declare the Test Oath unconstitutional?

A

December of 1866.

39
Q

What lawyer was temporarily prohibited from practicing law before the Supreme Court because of the Test Oath?

A

Augustus Hill Garland.

40
Q

Under what President did Garland serve as Attorney General of the United States?

A

President Clevland.

41
Q

What lawyer published books on practices of the Supreme Court?

A

Augustus Hill Garland.

42
Q

What are the current word limits on petitions for certiorari and briefs for upcoming cases?

A

9,000 words for petitions of certiorari and 15,000 words for briefs.

43
Q

When are briefs typically submitted to the Court?

A

Three months prior to the scheduled hearing.

44
Q

What Justice had no college education and is thought to have had the best command of language of any Justice?

A

Justice Robert H. Jackson.

45
Q

What is the basis for arguments presented to the Supreme Court?

A

Legal theories, not facts or emotions.

46
Q

What case did Brown v Board of Education overturn?

A

The separate but equal precedent of Plessy v Ferguson.

47
Q

What is the sixth commandment of John Davis’s Ten Commandments speech he presented in 1940 to the New York Bar Association?

A

Rejoice when the Court asks questions.

48
Q

How many oaths does the Supreme Court have?

A

Three, the Constitutional, Judicial, and Combined Oaths.

49
Q

What oaths are required of new Justices?

A

Justices can choose to take either the Constitutional or Judicial Oath or than can take the Combined Oath.

50
Q

When did the tradition of taking two oaths begin?

A

During the second part of the 1800s.

51
Q

Who was the first Justice to be sworn in by the Judge they were replacing?

A

Justice Warren E. Burger.

52
Q

What Justice’s oath ceremony occurred in the White House?

A

Justice Frank Murphy.

53
Q

What Justice was the first to have a sitting President present at their oath ceremony?

A

Justice Harold H. Burton.

54
Q

What Justice had two Chief Justices present at his oath ceremony?

A

Justice Antonin Scalia.

55
Q

What Justice was the first to have his oath ceremony broadcasted on national television?

A

Justice David Souter.

56
Q

Who was the first woman to be sworn in as a Supreme Court Justice?

A

O’Connor.

57
Q

What is the Judicial handshake tradition?

A

It takes place before oral arguments. Justices meet up in the robing room and shake each other’s hands.

58
Q

How many handshakes are involved in the Judicial Handshake tradition?

A

30.

59
Q

Who is credited with starting the Judicial Handshake tradition?

A

Chief Justice Melville.

60
Q

What year were Judicial pensions first established?

A
  1. Justices had to reach 70 years old and have at least 10 years of service to receive a lifetime pension equal to the pay they received during their service.
61
Q

What did the Retirement Act of March 1, 1937, stipulate?

A

That Justices who had turned 70 and accumulated at least ten years of service could retire to Senior Status, receive their pension, and participate in lower federal courts. This is called sitting by stipulation.

62
Q

Which Justice first retired to senior status?

A

Justice Willis Van Devanter.

63
Q

In 1980 the requirements for retirement change to the rule of eighty. What does this stipulate?

A

Justices can retire once they turn 65 if the sum of their age (65) and the length of their term is equal to or greater than 80.

64
Q

What are the three broad categories of reasons Justices have left office?

A

Death, advanced age, or ill health, and to take charge of some other governmental office.

65
Q

How many Justices have died in office?

A

50.

66
Q

What website did O’Connor help develop to promote civic education?

A

www.icivics.org

67
Q

How many Justices have served on lower federal courts since the 1937 provision that allowed them to retire to senior status?

A

11.

68
Q

Who is the only Justice to have died in office since 1954?

A

Chief Justice William H. Rehnquist.

69
Q

How many Justices have died in office since 1937?

A

8.

70
Q
A

ECC 490W (4 decks)

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