Podcast
Questions and Answers
Which of the following is a way Congress can influence the federal judiciary?
Which of the following is a way Congress can influence the federal judiciary?
- It can change appellate jurisdiction of federal courts (correct)
- It can filibuster decisions made by courts
- It can prohibit judicial activism
- It can review federal judges for reappointment every ten years
In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of
In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of
- stare decisis (correct)
- amicus curiae
- certiorari
- diversity
In which of the following circumstances would the rule of four be applied?
In which of the following circumstances would the rule of four be applied?
- Congress adjourns its session within four days of submitting a bill to the president, and the president does not act
- Four states request a writ of certiorari
- At least four justices on the Supreme Court agree that a case should be put on the Court's docket (correct)
- Four justices agree to a cloture motion
Which of the following is an accurate comparison of the philosophies of judicial activism and judicial restraint?
Which of the following is an accurate comparison of the philosophies of judicial activism and judicial restraint?
A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file
A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file
Which of the following did the Supreme Court establish in Marbury v Madison?
Which of the following did the Supreme Court establish in Marbury v Madison?
Which of the following is an example of checks and balances, as established by the Constitution?
Which of the following is an example of checks and balances, as established by the Constitution?
An originalist justice on the Supreme Court would take what considerations of a case regarding the commerce power of Congress?
An originalist justice on the Supreme Court would take what considerations of a case regarding the commerce power of Congress?
Which of the following best defines the term "judicial activism"?
Which of the following best defines the term "judicial activism"?
The Supreme Court's most important function with regard to the lower courts is
The Supreme Court's most important function with regard to the lower courts is
Which of the following best describes the relationship between the Supreme Court and public opinion?
Which of the following best describes the relationship between the Supreme Court and public opinion?
A justiciable dispute is defined as
A justiciable dispute is defined as
A precedent is
A precedent is
The three levels of the federal court system are
The three levels of the federal court system are
A writ of certiorari is
A writ of certiorari is
There are five characteristics that distinguish the federal judiciary from Congress, the presidency, and the administrative system. Please indicate which of the following is NOT a characteristic of the federal judiciary.
There are five characteristics that distinguish the federal judiciary from Congress, the presidency, and the administrative system. Please indicate which of the following is NOT a characteristic of the federal judiciary.
Original jurisdiction is defined as
Original jurisdiction is defined as
All judicial nominations are referred to the ______ for a hearing and committee vote.
All judicial nominations are referred to the ______ for a hearing and committee vote.
Stare decisis refers to
Stare decisis refers to
A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as
A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as
A concurring opinion is
A concurring opinion is
Which description best fits the legislative (special) courts?
Which description best fits the legislative (special) courts?
Congress' most direct influence on the types of cases heard in the lower federal courts can be best seen in its power over
Congress' most direct influence on the types of cases heard in the lower federal courts can be best seen in its power over
Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?
Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?
The landmark case Marbury v Madison (1803) established the principle of judicial review after the Supreme Court ruled a congressional law unconstitutional as a result of the fact that the case was brought directly to the court. Which of the following situations represents the best example of a case dealing with original jurisdiction?
The landmark case Marbury v Madison (1803) established the principle of judicial review after the Supreme Court ruled a congressional law unconstitutional as a result of the fact that the case was brought directly to the court. Which of the following situations represents the best example of a case dealing with original jurisdiction?
Which of the following best represents the point of view in Federalist No. 78?
Which of the following best represents the point of view in Federalist No. 78?
Which of the following constitutional provisions is reflected in Hamilton's argument that the judiciary exercises "merely judgement?"
Which of the following constitutional provisions is reflected in Hamilton's argument that the judiciary exercises "merely judgement?"
Based on the constitutional provisions found in Article III, which of the statements would Hamilton agree with?
Based on the constitutional provisions found in Article III, which of the statements would Hamilton agree with?
What is an accurate comparison between the Executive Branch and Judicial Branch powers?
What is an accurate comparison between the Executive Branch and Judicial Branch powers?
Flashcards
Stare Decisis
Stare Decisis
The principle that judges should base their decisions on precedents set by previous rulings in similar cases.
Judicial Review
Judicial Review
The power of the Supreme Court to declare laws or actions of the government unconstitutional.
Case Law
Case Law
The body of law that stems from judicial decisions in cases.
Amicus Curiae Brief
Amicus Curiae Brief
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Writ of Certiorari
Writ of Certiorari
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Rule of Four
Rule of Four
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Judicial Restraint
Judicial Restraint
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Judicial Activism
Judicial Activism
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Majority Opinion
Majority Opinion
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Concurring Opinion
Concurring Opinion
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Dissenting Opinion
Dissenting Opinion
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Original Jurisdiction
Original Jurisdiction
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Appellate Jurisdiction
Appellate Jurisdiction
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Standing to Sue
Standing to Sue
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Passive and Reactive Judiciary
Passive and Reactive Judiciary
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Adversary System
Adversary System
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Enforcement Power
Enforcement Power
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Statutory Law
Statutory Law
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Congressional Power to Establish Lower Courts
Congressional Power to Establish Lower Courts
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Senate Confirmation Power
Senate Confirmation Power
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Writ of Habeas Corpus
Writ of Habeas Corpus
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Originalism
Originalism
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Checks and Balances
Checks and Balances
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Commerce Clause
Commerce Clause
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Legislative Courts
Legislative Courts
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Justiciable Dispute
Justiciable Dispute
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Appellate Courts
Appellate Courts
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Study Notes
Question 1
- Congress can influence the federal judiciary by changing appellate jurisdiction of federal courts.
Question 2
- In the US judicial system, when a judge bases a decision on past similar cases, they're following the principle of stare decisis.
Question 3
- The rule of four is applied when at least four justices on the Supreme Court agree a case should be placed on its docket.
Question 4
- Judicial activism involves judges actively interpreting the Constitution based on contemporary values. Conversely, judicial restraint limits judicial interpretation to the Constitution's original intent.
Question 5
- A non-party stakeholder can influence a case by submitting an amicus curiae brief.
Question 6
- The Supreme Court established in Marbury v. Madison that it can declare federal laws unconstitutional.
Question 7
- An example of checks and balances is the requirement for Senate approval of presidential Supreme Court appointments.
Question 8
- An originalist justice would consider the historical context and original intent of the Constitution when assessing the commerce power of Congress.
Question 9
- Judicial activism is characterized by judges interpreting the Constitution based on modern values and societal needs, not just its original intent.
Question 10
- The Supreme Court's most important role regarding lower courts is establishing precedents for future rulings.
Question 11
- Court prestige and public consensus can affect the implementation of Supreme Court decisions. Public opinion might limit the extent to which the Court will make decisions that differ from public consensus about an issue.
Question 12
- A justiciable dispute is a case or controversy that can be settled through legal means.
Question 13
- A precedent is a court decision that establishes a rule or principle of law that other courts must follow in similar cases. A precedent is a prior court decision that can be used as a guide when deciding future cases.
Question 14
- The three levels of the federal court system are district courts, circuit courts of appeal, and the Supreme Court.
Question 15
- A writ of certiorari is a formal request by the Supreme Court to review a lower court decision.
Question 16
- The federal judiciary is an adversary system, not passive and reactive.
Question 17
- Original jurisdiction is the power of a court to hear a case for the first time.
Question 18
- All judicial nominations are referred to the Senate Judiciary Committee for a hearing and committee vote.
Question 19
- Stare decisis is the principle that courts should follow precedents established in prior decisions. A brief filed by a non-party is referred to as a "friend of the court brief" or "amicus curiae brief"
Question 20
- A writ of habeas corpus is a court order requiring explanation for a prisoner's detention.
Question 21
- Judicial restraint is a philosophy where judges should limit their interpretation to the original wording and intent of the Constitution.
Question 22
- No specific answer provided in this question. (Requires additional context).
Question 23
- Specialized courts deal with unique legal issues arising from legislation.
Question 24
- Congress's most direct influence on lower federal court cases is through the jurisdiction of those lower courts.
Question 25
- The Supreme Court has supported congressional limitations on presidential powers, such as those regarding the commander-in-chief.
Question 26
- Marbury v. Madison is a case dealing with original jurisdiction since the dispute was brought directly to the Supreme Court.
Question 27
- No specific answer provided in this question. (Requires additional context).
Question 28
- The judiciary is the least dangerous branch of government because it lacks the power of the sword or the purse.
Question 29
- Hamilton would support the idea that the Court's authority is independent of Congress or the President.
Question 30
- A comparison of executive and judicial powers is not provided in the table, thus there is not a correct answer.
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