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Stack #4306314
| Question | Answer |
|---|---|
| Which of the following is a Constitutional requirement that a federal judge must fulfill in order to be appointed? | senate approval |
| The Supreme Court established the power of judicial review via. . . | Marbury V. madison 1803 |
| Which of the follow best describes the term judicial restraint? | The principle that the judiciary should broadly defer to precedent and the judgment of legislatures |
| Which of the following refers to “a separate view written by a justice who votes with the majority but disagrees with its reasoning” after a case has been decided in conference? | concurring opinion |
| Which of the following refers to “the authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party”? | Appellate Jurisdiction |
| What is the process by which permission is granted by a higher court to allow a losing party in the legal case to bring the case before it for a ruling? | Writ of certiorari |
| What is the difference between an opinion and a decision in regards to the judiciary? | An opinion explains the justices’ legal reasoning, while a decision indicates which party the Court supports and by how large a margin. |
| Who has the power to determine the number and types of lower federal courts? | congress |
| What kind of jurisdiction does the Supreme Court have in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party? | original |
| Which doctrine holds that judges should actively interpret the Constitution, statutes, and precedents in light of fundamental principles ad should intervene when elected representatives fail to act in accord with these principles? | judicial activism |
| According to Brutus XII, who has the power in the last resort to determine all questions that may arise in the course of legal discussion? | the supreme court |
| The United States has a Circuit Court of Appeals that receive cases that have been appealed from District Courts. How many Circuit Courts does the United States have? | 13 courts |
| Which of the following would be true of a Supreme Court Justice who wrote a concurring opinion? | He/She voted with the majority, but disagrees with the majority’s reasoning |
| Which of the following is NOT a method of selecting state judges? | Federal nomination |
| The excerpt from Antonin Scalia mentions the “Great Divide” with regard to constitutional interpretation. What was meant by the “Great Divide”? | Divide between the constitution’s original meaning and current meaning |
| What is the meaning of appellate jurisdiction | The authority of higher courts to review cases already heard in lower courts |
| If Congress disagreed with a Supreme Court ruling on a federal statute, which of the following could Congress NOT do? | Have citizens vote on a ballot measure to recall a number of the Justices. |
| What is judicial activism? | The doctrine that the courts should develop new legal principles when judges see compelling need, even if this action places them in conflict with precedent or the policy decisions of elected officials. |
| Who nominates federal judges for appointment? | The President |
| What is legal jurisdiction? | . The authority to hear cases of a particular type |
| Which of the following is a requirement to be a Supreme Court Justice based on the Constitution? | There are no formal requirements to be a Justice. |
| Federal courts tend to follow precedent, in which they let the decision of previous court cases stand. Which of the following is the correct legal principle being described? | . Stare Decisis |
| What does amicus curiae mean? | friend of the court |
| What is/are the lowest level of the federal court system? | U.S. district courts |
| How many U.S. Federal District Courts are there? | 94 |
| How many justices currently sit on the U.S. Supreme Court when the court is full (i.e. no vacancies)? | nine |
| Which of the following is written when a majority of justices agree on the decision of a particular case but are unable to agree on a legal basis for it, detailing the viewpoint of most of the justices on the winning side? | Plurality opinion |
| The U.S. legal system has its basis in English common-law tradition. As a result, any active court case is then based off of a previously decided case(s). What term defines this concept? | Precedent |
| Murder, assault, shoplifting, and drunk driving are covered by | Criminal law |
| The Constitution does not list any qualifications for justices on the U.S. Supreme Court, however, it does mention one position: the _____, who is the de facto leader of the court | chief justice |
| Justice Stephen Breyer (in excerpts from Active Liberty) said he believes in what type of approach to interpreting the Constitution? | Reasonable legislator approach |
| The Supreme Court is most likely to grant a hearing when a case involves.. | an issue that is being decided inconsistently by the lower courts. |
| What system allows state governors appoint a judge from a short list of acceptable candidates provided by a judicial selection commission? | Merit plan |
| According to Federalist No. 78, a judge should hold their office “during good behavior” because it will. . . | act as a barrier against oppression. |
| Marriage, divorce, business contracts, and property ownership are examples of relations covered by | civil law |
| A case is considered by the Supreme Court only if a certain number of the nine Justices agree to hear it. How many have to agree to hear a case? | four |
| When courts issue their rulings, it consists of a decision and one or more opinions. The opinion explains the legal basis for the decision. Which of the following best describes a dissenting opinion? | An opinion when a justice(s) on the losing side explains the reasons for disagreeing with the majority position. |
| In Federalist 78, what is one reason Alexander Hamilton believes the judiciary would be weakest branch? | The judiciary can only judge, and even then it requires the aid of the executive branch to execute its judgments |
| ___ holds that constitutional provisions should be applied in the context of the needs of today’s society as opposed to the needs of society at the time it was written. | Living constitution theory |
| ____ holds that the meaning of the constitution was permanently fixed at the time it was written and that the authors of the constitution had a limited meaning and intent when they wrote their words | Originalism theory |
Created by:
jasmine.jenny