We The People: We The People: Thomas Patterson- Chapter 14- Quiz Questions Flashcards

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We The People
Chapter 14
updated 10 years ago by bfroehlich08
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A concurring opinion

Is a separate view written by a justice who votes with the majority but disagrees with its reasoning.


Regarding Supreme Court procedures, which one of the following statements is NOT accurate?

A concurrent opinion is a view written by a justice who votes with the majority and agrees with its reasoning.


Compared with the decision in a Supreme Court case, the opinion is more significant because it

Informs others of the court's interpretation of the laws and thereby guides their decisions.


A written Supreme Court decision that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a

Plurality opinion.


The federal district courts

-Are the chief trial courts of the federal system. -Are the only federal courts where the two sides present their cases to a jury for a verdict. -Are the courts that, in practice, make the final decision in most federal cases. -Exist in each state. **All these answers are correct.


The "federal court myth" overlooks the fact that

-Most cases arise under state law, not federal law. -Nearly all cases that originate in state courts are never reviewed by federal courts. -And federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.


Senatorial courtesy refers to the tradition whereby

Senators are consulted on the nomination of lower-court federal judgeships in their state.


The facts of a case

Affect which law or laws will apply to the case.


The judiciary's status as an independent branch of national government depends on judicial review, which grants the judiciary the authority to

Invalidate the actions of other institutions when judges believe they have acted unconstitutionally.


In Bush v. Gore (2000), the Supreme Court

Blocked a manual recount of the Florida presidential vote.


Which of the following is a recent trend in the appointment of new federal judges and justices?

An increase in the number of federal judges and justices with prior judicial experience.


Compared to Supreme Court nominations, those for the lower federal courts

**None of these answers are correct.


The constitutional provision that federal judges and justices hold office "during good behavior" has

Had all these effects: -Federal judges and justices serve, effectively, until they die or choose to retire. -They are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress. -And presidents are able to influence judicial policy through their appointments long after leaving the White House.


The United States has two court systems, state and federal. The federal system

**None of these answers are correct.


The Supreme Court has original jurisdiction in legal disputes involving

Foreign diplomats.


The Supreme Court invoked the __________ in Bush v. Gore (2008).

Equal protection clause.


About _____ percent of the nation's legal cases are decided in state court systems.



The lowest level of the federal court system is the

District court.


The number and types of lower federal courts is established by



Which of the following Supreme Court justices was appointed by Dwight Eisenhower?

Earl Warren.


Federal judges are

All of these: nominated by the president; confirmed by the U.S. Senate; and appointed for an indefinite period providing they maintain "good behavior".


Why was the Supreme Court ruling in Faraghar v. City of Boca Raton, which relied on the context of the anti-discrimination provisions of the Civil Rights Act of 1964, demonstrative of the ambiguities of the law?

The case dealt with sexual harassment in the workplace, which is not mentioned in the Civil Rights Act.


Who was the first black justice to serve on the U.S. Supreme Court?

Thurgood Marshall.


What is the most common method in the states for the selection of judges?

Election to office.


The power of the Supreme Court is most apparent in its ability to

Declare another institution's actions to be unconstitutional.


A writ of certiorari is

A request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear.


Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because

Of all these factors: the facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court; federal judges may misunderstand the Court's judicial reasoning or position; and ambiguities or unaddressed issues in the Court's rulings give lower courts some flexibility in deciding cases.


The appointment of federal judges is influenced most substantially by



When asked if he had made any mistakes as president, ____________________ replied, "Yes, two, and they are both sitting on the Supreme Court."

Dwight Eisenhower.


According to the Constitution, the federal courts can issue a decision only

In response to actual legal cases.


The long-serving chief justice that established the principle of judicial review was

John Marshall.


The term stare decisis refers to

Adherence to precedent.


Of the thirteen U.S. courts of appeals

Eleven have jurisdiction over a "circuit comprised of the district courts in anywhere from three to five states.


Which legal doctrine holds that in nearly every instance, policy issues should be decided by elected lawmakers and not by appointed judges?

Judicial Restraint.


The Lawrence v. Texas decision in 2003 involved

The Supreme Court invalidating state laws.


The Supreme Court is likely to grant a hearing when a case involved

An issue that is being decided inconsistently by the lower courts.


The merit plan applies to __________ in the __________ court system.

Selection of judges; state.


The Supreme Court is most likely to grant __________ when the U.S. government-through the solicitor general- requests it.



Which of the following Supreme Court justices was appointed during the Clinton administration?

Ruth Badar Ginsburg.