MULTIPLE Choice Test 5 Flashcards

1
Q

What is the role of the federal judiciary?

A

Interpret and apply the laws of the nation

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2
Q

Who wrote Federalist 78? What were some of its main points?

A

Alexander Hamilton, its the least dangerous branch and it has neither force or will, only judgement

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3
Q

How does someone become a federal judge?

A

Appointed by the president, confirmed by the senate

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4
Q

How long of terms do federal judges serve?

A

Life terms

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5
Q

What is judicial independence?

A

The justices being impartial and untied to any person or interest

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6
Q

What is guaranteed for salaries of federal judges?

A

There salaries are protected and cannot decrease during their term

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7
Q

Which article in the constitution pertains to the judicial branch?

A

Article 3

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8
Q

Which federal courts are described in the constitution? How are other federal courts created

A

Only supreme court is described in the constitution, lower courts are created by congress

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9
Q

What is original jurisdiction

A

You hear the case first

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10
Q

What is appellate jurisdiction?

A

You are hearing a case that has already been heard by a lower court, (it got appealed up)

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11
Q

How are federal judicial appointments part of a presidents legacy

A

Putting somebody on a life term, which gives the president the ability to have a impact even after they aren’t president.

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12
Q

What are some modern considerations for federal judge nominations?

A

Race, ethnicity and gender

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13
Q

Who was John Marshall

A

The Supreme Court justice that is credited for creating judicial review

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14
Q

Which supreme court case was the first to use judicial review?

A

Marbury Vs Madison

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15
Q

What is criminal law

A

Deals with Actions that harm the community

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16
Q

What is civil law

A

These cover cases that involve private disputes

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17
Q

How do state judges get their positions?

A

Some of them are elected and some are appointed by the government , in Michigan they are elected

18
Q

What are federal district courts? How many are there. How many judges hear each case?

A

This is where cases start, there are 94 district courts and 13 circuit courts, in district court one person heard the case, appeals court is 3 people, and then Supreme Court is 9 people (all justices)

19
Q

Roughly how many cases does the Supreme Court hear each year ?

A

About 80 cases

20
Q

What is the rule of four?

A

If the Supreme Court is gonna hear a case, at least 4 judges have to vote to hear the case

21
Q

What is the precedent (stare decisis)

A

That means that a ruling made by a court serves as a basis in another case

22
Q

What are amicus curiae briefs?

A

Interest groups that aren’t directly involved in the case, but they have an interest in it

23
Q

What is a majority opinion

A

What the most judges voted for or the precedent moving forward

24
Q

What. Is a concurring opinion

A

You agree with the result, but for a different reason

25
Q

What is a dissenting opinion

A

You disagree with the majority

26
Q

What is judicial restraint

A

Justices should be hesistant to overturn laws made my congress and to overturn previous precedent

27
Q

What is judicial activism

A

Belief that judges should loosely interpret existing laws and they should interject there own values in court decisions

28
Q

How is the order determined that each justice on the Supreme Court presents discussion and votes?

A

You start with the chief justice and then it is by seniority

29
Q

Who assigns the responsibility for writing the opinion in Supreme Court cases

A

Either the chief justice or the most senior justice in the majority

30
Q

If a Judicial nominee is rejected in recent times, what is considered the most important factor?

A

Partisan politics

31
Q

How does appellate jurisdiction differ from original jurisdiction as far as the process

A

Original jurisdiction decide if you guilty or innocent , appellate jurisdiction decides if they followed an appropriate process

32
Q

What levels of laws. can the judiciary branch rule unconstitutional

A

Federal , state , and local

33
Q

Under which circumstances does the Supreme Court have original jurisdiction

A

When it’s cases with representatives to foreign countries who are seen as ambassadors , ministers , public councils and other ministers

34
Q

Describe state court systems

A

Every state has its own court system and no 2 court systems are exactly alike

35
Q

What is the only requirement of district and circuit court judges?

A

You have to live in that district or area

36
Q

What is senatorial courtesy

A

As a minimum to be on the district court, you have to be acceptable to the senator from that state if they are of the same party as the president

37
Q

What role does the Senate Judiciary Committee have

A

They hold a hearing for every single nominee for federal court

38
Q

What does the American bar association do?

A

They screen candidates to see how qualified they would be to be a federal judge

39
Q

What trend has occurred for most Supreme Court nominees since 1950

A

That they have been a judge

40
Q

What is the role of the solicitor general

A

They are the person that represents the national government in cases heard by the Supreme Court

41
Q

What is the role of the chief justice

A

They form the docket and direct the courts conferences