Civil and Criminal Law Quiz Unit 2 CH.15

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Questions and Answers

How many Supreme Court justices must agree to hear a case in order for it to receive a writ of certiorari?

What does civil law mainly involve?

Torts and contract disputes between individuals, groups, and corporations.

Who can bring charges against an individual in criminal law?

Only the government.

What is the party accused of breaking the law called?

Defendant Signup and view all the answers

Who brings the case before the court?

Plaintiff Signup and view all the answers

The number of amicus curiae briefs has _ over time. When compared to regular cases, landmark cases have _ briefs submitted.

increased, more Signup and view all the answers

People who practice judicial _____ are also known as 'strict constructionists.'

restraint Signup and view all the answers

Why does the president rarely get challenged by the Court?

The Court needs the president's support to enforce its decisions and the president nominates justices who agree with his approach to executive authority. Signup and view all the answers

Supreme Court justices will sometimes ignore their own political leanings or judicial philosophy if they believe the integrity of the institution is at stake.

True Signup and view all the answers

Why does the Court overturn congressional action so rarely?

The Court intentionally interprets congressional laws to make them constitutional. Signup and view all the answers

In which area of law was the Court quite active in striking down presidential actions?

Prisoner's rights Signup and view all the answers

Which criteria are used by the Supreme Court to determine whether it will hear a case? (Choose all that apply) The issue represents a controversy. The case is relevant/timely; the issue is not moot. Parties have _____ in the outcome.

standing Signup and view all the answers

What is the most important factor in nomination battles over federal judges?

Their partisanship Signup and view all the answers

Properly order the steps in which a case goes through the federal court system:

U.S. District Courts = First Step U.S. Courts of Appeals = Second Step U.S. Supreme Court = Final Step Signup and view all the answers

Which of the following characteristics are relevant for determining which federal court has jurisdiction over a case?

Subject matter of the case Signup and view all the answers

What is the legal term for the interest-group-written brief that advises the Court on how to rule on a case?

Amicus curiae brief Signup and view all the answers

What is the document called that lays out the legal belief of a minority of the Supreme Court justices about the case in question?

Dissenting opinion Signup and view all the answers

What do attorney-written documents arguing why the Court should agree with their client called?

Brief Signup and view all the answers

What does the document called the opinion lay out?

The legal belief of the Supreme Court justices about the case in question. Signup and view all the answers

Rank each court based on the number of cases it hears, from most to fewest:

State Trial Courts = Most Cases Federal District Courts = Second Most Cases State Courts of Appeals = Third Most Cases State Supreme Courts = Fourth Most Cases Federal Courts of Appeals = Fifth Most Cases U.S. Supreme Court = Fewest Cases Signup and view all the answers

Why does the Supreme Court rarely challenge the actions of executive agencies?

Executive agencies follow a formal rule-making process. Doing so may provoke a fight with the president. Signup and view all the answers

In which of the following ways might the position of the chief justice affect the operation or outcome of a Supreme Court case?

The chief justice might exercise more influence over a case through a formal right to speak first. Signup and view all the answers

Which act specifically gave the Supreme Court the authority to reverse state laws and constitutions?

The Judiciary Act of 1789 Signup and view all the answers

What is one characteristic of civil cases?

Civil cases do not involve the risk of jail time and are often brought between two private parties. Signup and view all the answers

Which statement best describes the role of political ideology in justices' decisions?

Justices regularly use ideology in their voting behavior. Signup and view all the answers

What is the name given to the Supreme Court's most important power?

Judicial review Signup and view all the answers

What happens when a federal district court grants a writ of habeas corpus to a defendant convicted in a state court?

The case is considered by a federal court of appeals. Signup and view all the answers

Why is legal precedent important to the courts?

Attorneys will use precedent from previous cases to argue for their clients. Courts apply principles from prior cases to the current case. Signup and view all the answers

When does the Supreme Court have original jurisdiction over a case?

When a state government brings a case against citizens of another state Signup and view all the answers

The Supreme Court is an active participant in the legislative process, often ruling acts of Congress unconstitutional.

False Signup and view all the answers

How does the system attempt to mitigate the danger of final decisions made by federal appeals courts?

Multiple judges serve on every appeals case. Each circuit has a Supreme Court justice to review the circuit's appeals. Signup and view all the answers

Which statements about the Supreme Court's opinions on a case are correct?

The dissenting opinion can signal division in the Court. Signup and view all the answers

What factors influence the Supreme Court's decision-making practices?

Political ideology, law and precedent on relevant cases, concern over protecting the Court's reputation. Signup and view all the answers

The _ formally nominates judges for federal district courts. After nomination, the candidate must be considered by the _ Committee.

President, Senate Judiciary Signup and view all the answers

Why do interest groups try to develop a 'pattern of cases'?

It makes it more likely that the Supreme Court will hear their case. Signup and view all the answers

Supreme Court nominees tend to share the same ideologies as the presidents who appoint them.

True Signup and view all the answers

What is one core aspect of the solicitor general's job?

Reviewing federal cases before they are appealed to the court. Signup and view all the answers

What is the name of the member of the Supreme Court who presides over public sessions?

Chief justice Signup and view all the answers

What allows dissenting opinions to try to persuade future justices?

Dissecting opinion Signup and view all the answers

Which of the following are ways Congress can check the power of the federal courts?

It can reduce the number of judges and courts. Signup and view all the answers

What clause of the Constitution gives the Supreme Court the authority to rule on cases involving state laws and state constitutions?

Supremacy Signup and view all the answers

When will an appellate court agree to hear an appeal?

When the party filing the appeal shows the trial court made a legal error. Signup and view all the answers

Study Notes

Supreme Court and Legal Concepts

Writ of Certiorari: Requires the agreement of 4 justices for the Supreme Court to hear a case.
Civil Law: Governs torts and contract disputes between private parties, including individuals, groups, and corporations.
Criminal Law: Only the government can initiate legal charges against an individual.
Parties Involved:
- Defendant: The accused party in a legal proceeding.
- Plaintiff: The party bringing the case to court.

Case Submission and Legal Briefs

The number of amicus curiae briefs has increased over time, and landmark cases attract significantly more briefs than regular cases.
Judicial Restraint: Practitioners, also known as "strict constructionists," interpret the Constitution literally.
Supreme Court rarely challenges presidential actions as it requires presidential support for enforcement and political alignment in judicial nominations.

Supreme Court Dynamics

Justices occasionally set aside personal political leanings for the institution's integrity.
The Court rarely overturns congressional actions, typically interpreting laws to maintain their constitutionality.
Active in prisoners' rights but generally defers to presidential authority.

Criteria for Hearing Cases

The Supreme Court evaluates cases based on:
- Controversy relevance.
- Relevance and timeliness of the issue.
- Standing of parties involved.

Federal Judicial System and Processes

Nominations: Partisanship is the most significant factor in the appointment of federal judges.
Court Hierarchy: Progression of cases goes through U.S. district courts, U.S. courts of appeals, and finally the U.S. Supreme Court.
Federal jurisdiction considerations include the parties, subject matter, and filing location.

Legal Documents and Opinions

Amicus Curiae Brief: A report written by an interest group to advise the Court.
Dissenting Opinion: Represents the minority view on the Supreme Court.
Brief: Document crafted by attorneys to argue for their client's position.
Opinion: The Court's formal legal reasoning and ruling on a case.

Supreme Court Authority and Jurisdiction

Judicial review is the Supreme Court's fundamental power to declare government actions unconstitutional.
Original jurisdiction cases include disputes involving foreign ambassadors and state government conflicts.

Political Influence and Justices

Political ideology affects justices' decision-making behaviors.
Supreme Court justices are often aligned ideologically with the president who appointed them.

Checking Judicial Power

Congress can limit federal courts by adjusting the number of judges or altering their jurisdiction.
The Supremacy Clause grants the Supreme Court authority over state laws and constitutions.

Additional Legal Processes

The solicitor general reviews federal cases prior to their appeal to the Supreme Court.
Chief Justice: Presides over public sessions of the Supreme Court.

Case Appeal Processes

Appellate courts consider appeals when there is evidence of legal errors during the trial court's proceedings.

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Description

Test your knowledge on civil and criminal law concepts with this quiz covering Unit 2 Chapter 15. Understand important legal principles such as writ of certiorari and the nature of torts, contracts, and criminal charges. Perfect for law students or anyone interested in legal studies!