Judiciary

Question 1

What is one way American and British evidence sources differ?

Answer 1

American pressure groups can provide amicus curiae in cases but in Britain can’t do it

Question 2

How did judicial review impact university admissions?

Answer 2

U Cal v Bakke 1979 ruled affirmative action was unconstitutional

Grutter vs Bollinger 2003 considered whether you could consider race as an admissions factor

Question 3

What are the two stages in appointment of justices?

Answer 3

President nominates individual
Senate confirms nomination

Question 4

Is the Supreme Court established in the constitution?

Answer 4

Yes but no specifics such as number of judges and scope

Question 5

What is the composition of the judicial “triangle”?

Answer 5

Supreme Court
13 courts of appeals
94 District courts

Question 6

How many cases does the Supreme Court review annually?

Answer 6

Receives around 10k; reviews 100

Question 7

What is the purpose of judicial review?

Answer 7

Oversight of legislative and executive to prevent illegality/tyranny

Established Marbury v madison 1803

Question 8

When does the Supreme Court have original jurisdiction?

Answer 8

Involving ambassadors
Between states
Citizens suing their state

Question 9

When does the Supreme Court have appellate jurisdiction?

Answer 9

All cases not covered by original

Question 10

What are the stages in Supreme Court?

Answer 10

Conference - decides which cases
Filing brief - interest groups and two side file argument
Oral arguments
Conference, vote, written decision for precedent

Question 11

What are the main limitations of the Supreme Court by congress?

Answer 11

Appointed by congress
Can be impeached

Can amend the constitution to overturn decisions

Question 12

Examples of judicial review being overturned by amendments

Answer 12

11th
14th against Scott v Sanford
16th against pollock v farmers loan and trust
26th against Oregon v Mitchell

Question 13

Why is Supreme Court limited to being reactionary?

Answer 13

Needs someone to sue the government and cannot pose new legislation

Question 14

How is Supreme Court reliant on other branches of government?

Answer 14

Enforcement such as Eisenhower enforcing desegregation in Little Rock

Civil rights act had financial threat but Supreme Court has no power over local government and agencies

Question 15

Which president tried to pack the court?

Answer 15

Roosevelt due to continued rejection of laws in the new deal

Question 16

How does legal history restrain judges?

Answer 16

Stare decisis means judges should stick to previous decisions.

Example Supreme Court had upheld roe v wade until recently despite conservative SC

Question 17

How is judicial independence protected?

Answer 17

Appointments reduce divisiveness during campaigns
Two stage appointment increase scrutiny
Life tenure without risked

Question 18

How are appointments scrutinised?

Answer 18

FBI investigation
ABA checks and ranks skill level in law
Senate judiciary committee - 70 testimonies in 2005

Question 19

who was the judge removed due to pressure groups?

Answer 19

Miers chosen by bush but conservatives get angry

Question 20

How has increasing partisanship increased making difficult to be effective?

Answer 20

Less laws passed
Issues such as Bork being against federal interventionism and an extreme wing of capitalism

Question 21

What is the conservative judicial philosophy known as?

Answer 21

Strict constructionism
Originalist

Question 22

What is the more liberal judicial philosophy known as?

Answer 22

Loose conservatism

Question 23

Judicial activism

Answer 23

Judges behaving proactively in order to further certain issues