Chapter Six The Judiciary Multiple Choice 1. Which is the least democratic branch of the United States’ government. a. the Presidency b. the Senate c. the House of Representatives d. the Congress e. the Supreme Court Answer: e. the Supreme Court 2. Of the three branches created by the framers, the Supreme Court a. has the least defined powers. b. has the most members. c. sits for the shortest term. d. has the largest volunteer staff. e. has the most important function. Answer: a. has the least defined powers. 3. When did Congress establish a three-tiered system of federal courts? a. 1789 b. 1800 c. 1807 d. 1860 e. 1888 Answer: a. 1789 4. The Supreme Court’s original jurisdiction a. is to be found in Article III of the Constitution. b. is to be found in Article IV of the Constitution. c. is defined by the president. d. is defined by Congress. e. is defined in the Declaration of Independence Answer: a. is to be found in Article III of the Constitution. 5. The Supreme Court’s appellate jurisdiction a. is to be found in Article III of the Constitution. b. is to be found in the preamble of the Constitution. c. is defined by the president. d. is defined by Congress. e. is defined in the Declaration of Independence. Answer: d. is defined by Congress. 6. The Judiciary Act of 1789 a. was nullified by the Sedition Act of 1803. b. established the three-tiered system of the federal court system that we recognize today. c. was written, in large part, by Chief Justice John Marshall. d. was thought to be a violation of Article IV, the national supremacy clause. e. was revoked in 1997. Answer: b. established the three-tiered system of the federal court system that we recognize today. 7. In the case of Marbury v. Madison (1803) a. Chief Justice Marshall invoked the power of judicial review for the first time. b. President Jefferson was charged with treason. c. the Supreme Court determined that the Fifth Amendment was unconstitutional. d. it was determined that there is a constitutional right to privacy. e. the President revoked the power of judicial review. Answer: a. Chief Justice Marshall invoked the power of judicial review for the first time. 8. Judicial review is the power of the Supreme Court to a. interpret the national Constitution. b. remove the president from office. c. remove a representative from Congress. d. create lower federal courts. e. stop legislation passed by the Senate. Answer: a. interpret the national Constitution. 9. The authors of the text note that some observers of the Court argue that its power of judicial review is a. undemocratic because it allows a handful of unelected, life-tenured individuals to overrule the collective will of duly-elected representatives. b. clearly assigned to the court by the national constitution. c. a power to be shared with Congress. d. wholly ineffective. e. democratic because it provides for a system of checks and balances for the Congress. Answer: a. undemocratic because it allows a handful of unelected, life-tenured individuals to overrule the collective will of duly-elected representatives. 10. The United States Supreme Court’s most frequently used power is a. judicial review. b. logical written briefs. c. public opinion concerns. d. specialized interviews. e. the power to do nothing. Answer: e. the power to do nothing. 11. The extent of a court’s power depends mostly on its a. justices’ political party affiliations. b. independence. c. conservatism. d. jurisdiction. e. relationship with Congress. Answer: b. independence. 12. Which of the following is NOT considered to be a check on the independence of the Supreme Court? a. Congress passes a law to reverse a decision made by the Court. b. The president threatens to pack the Court with justices who have pledged to support his or her policy preferences. c. The power to appoint justices is shared by the president and the Senate, thereby freeing the Court from being beholden to any one institution or individual. d. Congress decides to no longer permit the Court to review capital punishment cases. e. The Congress has the power to set the jurisdiction of courts. Answer: c. The power to appoint justices is shared by the president and the Senate, thereby freeing the Court from being beholden to any one institution or individual. 13. The American judicial system consists of a. three parallel and equal court systems. b. four federal court systems. c. two separate and parallel court systems: a state and local system and a federal system. d. two systems with equal powers and jurisdictions. e. two independent court systems that work seamlessly between the state and federal levels. Answer: c. two separate and parallel court systems: a state and local system and a federal system. 14. The entire lower court system acts as a gatekeeper in that it a. controls the flow of cases appealed to the Supreme Court. b. determines how much money it will cost to hear a case at the national level. c. selects the attorneys who may represent a client at the national level. d. determines which cases are eligible for appeal to the Supreme Court. e. sends all cases forward to the Supreme Court. Answer: a. controls the flow of cases appealed to the Supreme Court. 15. How many district courts are there? a. 13 b. 25 c. 66 d. 94 e. 105 Answer: d. 94 16. In criminal cases a. decisions are made regarding whether to punish individuals accused of violating state or federal laws. b. no juries are allowed. c. nonviolent offenders are never sentenced to prison. d. plea bargains are not permitted. e. jury trials are not allowed. Answer: a. decisions are made regarding whether to punish individuals accused of violating state or federal laws. 17. Nearly all criminal cases result in a. hung juries. b. verdicts of not guilty. c. plea bargains. d. death sentences. e. long prison terms. Answer: c. plea bargains. 18. The USA PATRIOT Act a. has been declared unconstitutional. b. affects only foreign citizens. c. created a new category of federal crimes of terrorism against mass transit. d. has been non-controversial. e. can only be used to prosecute foreign nationals. Answer: c. created a new category of federal crimes of terrorism against mass transit. 19. Class-action suits a. typically involve large numbers of people. b. typically involve criminal offenses. c. typically involve constitutional principles. d. typically involve crimes against the wealthy. e. typically involve very small numbers of people. Answer: a. typically involve large numbers of people. 20. Constitutional courts a. are those created by state legislatures. b. are those which have nine or more justices. c. are those mentioned in Article III of the national constitution. d. are those in which the justices serve a five-year term. e. are not mentioned in the Constitution. Answer: c. are those mentioned in Article III of the national constitution. 21. The federal judiciary consists of a. local courts, state courts, and federal courts. b. state courts, federal courts, and the World Court. c. local courts and the World Court. d. the U.S. district courts, the federal courts of appeal, and the Supreme Court. e. national courts and the International Criminal Court. Answer: d. the U.S. district courts, the federal courts of appeal, and the Supreme Court. 22. Which of the following courts serves as the point of original entry in the legal system, with a single judge and at times a jury deciding matters of both fact and law in a case? a. trial court b. appellate court c. constitutional court d. U.S. District Court e. International Criminal Court Answer: a. trial court 23. The federal appeals court level consists of a. trial courts. b. 13 Federal Judicial Circuit Courts. c. trial level constitutional courts. d. U.S. District Courts. e. state courts. Answer: b. 13 Federal Judicial Circuit Courts. 24. There are ________ federal judicial circuits. a. eight b. eleven c. thirteen d. twenty-seven e. thirty-two Answer: c. thirteen 25. Federal judges and Supreme Court justices are a. appointed by the president alone. b. nominated by the president and confirmed by Congress. c. nominated by the president and confirmed by the Senate. d. nominated by the president and confirmed by the House of Representatives alone. e. nominated by the Senate and confirmed by the President. Answer: c. nominated by the president and confirmed by the Senate. 26. The process of appointing judges to the federal courts is a. not specifically discussed anywhere. b. mentioned briefly in the Second Amendment. c. discussed in detail in the Fourteenth Amendment. d. stated clearly in Article II, section 2, of the Constitution. e. is discussed in the Tenth Amendment of the Constitution. Answer: d. stated clearly in Article II, section 2, of the Constitution. 27. Which of the following Supreme Court justices did President Eisenhower refer to as the biggest mistake of his life? a. Sandra Day O’Connor b. Clarence Thomas c. Earl Warren d. Warren Burger e. Sandra Day O’Connor Answer: c. Earl Warren 28. Recently, presidents have tried to sharpen their ability to predict the ideology of their Supreme Court appointments and improve their chances for Senate confirmation by a. selecting candidates who are judges on the court of appeals. b. selecting very liberal candidates. c. selecting very conservative candidates. d. selecting candidates who have political experience. e. selecting candidates with no judicial experience. Answer: a. selecting candidates who are judges on the court of appeals. 29. Recently, the judicial surveys submitted by the American Bar Association have been a. more welcome by the Democrats than the Republicans. b. more welcome by the Republicans than the Democrats. c. totally ignored by both parties. d. biased in favor of Hispanics. e. biased in favor of African Americans. Answer: a. more welcome by the Democrats than the Republicans. 30. _______ percent of Supreme Court appointees have been from the president’s own political party. a. Ten b. Twenty c. Fifty d. Seventy-five e. Ninety Answer: e. Ninety 31. Legislative courts are called Article I courts because they are established by Congress based on Article I, Section ________, of the Constitution. a. 1 b. 4 c. 6 d. 8 e. 10 Answer: d. 8 32. Senatorial courtesy is a. a procedure by which senators are allowed a longer vacation than House members. b. a procedure in which a president submits the names of judicial nominees to senators from the same political party who are also from the nominee’s home state for their approval prior to a formal nomination. c. the process of allowing senators to personally select judicial nominees. d. the process of allowing individual senators to interview judicial nominees. e. the process of allowing the House of Representatives to choose nominees. Answer: b. a procedure in which a president submits the names of judicial nominees to senators from the same political party who are also from the nominee’s home state for their approval prior to a formal nomination. 33. A president can make his or her greatest impact on the federal judicial system with the a. justices appointed to the lower federal courts. b. justices appointed to the Supreme Court. c. senators appointed to the Senate Judicial Committee. d. senators appointed to the American Bar Association’s Survey Team. e. justices appointed to the local court system. Answer: a. justices appointed to the lower federal courts. 34. Under the Clinton administration a. the number of African American judges was equal to the number of African American lawyers. b. the number of African American judges appointed equaled 15 percent of Clinton’s total appointments. c. the number of African American judges sharply decreased. d. African American judges were not to be found. e. the number of African American judges was equal to the number of Hispanic lawyers. Answer: b. the number of African American judges appointed equaled 15 percent of Clinton’s total appointments. 35. Even though the Supreme Court receives thousands of appeals each year, roughly a. 10 percent are placed on the Court’s docket. b. 5 percent are placed on the Court’s docket. c. 1 percent are placed on the Court’s docket. d. 20 percent are placed on the Court’s docket. e. 15 percent are placed on the Court’s docket. Answer: c. 1 percent are placed on the Court’s docket. 36. The overwhelming majority of cases appealed to the Supreme Court come from a. lower federal courts. b. state courts. c. the World Court. d. the state of New York. e. the state of California. Answer: a. lower federal courts. 37. In Bush v. Gore, the U.S. Supreme Court a. returned the decision making back to the Florida Supreme Court. b. refused to hear the case. c. ended the recount of votes and Bush won the presidency. d. asked for a full recount of all Florida ballots. e. demanded that there be a recount of the ballots in the 2000 national election. Answer: c. ended the recount of votes and Bush won the presidency. 38. The rules for appealing a case to the Supreme Court have been determined by a. congressional legislation. b. the president. c. the Justice Department. d. the National Security Council. e. the Solicitor General Answer: a. congressional legislation. 39. A writ of certiorari is a. an official notification by the Supreme Court that it is willing to review a case. b. an official notification by the Supreme Court that it is not willing to review a case. c. a memo to the Court from the president demanding that they review a case. d. a memo to the Court from the House Judicial Committee declaring that they have accepted a case which does not fall within their original jurisdiction. e. a means of determining which cases the Supreme Court will hear. Answer: a. an official notification by the Supreme Court that it is willing to review a case. 40. The textbook notes that some observers of the Supreme Court believe that the “cert pool” a. has become irrelevant. b. has become something of a gatekeeper, in that it filters through the cases appealed to the Supreme Court and unilaterally determines which cases are significant enough for review and which are not. c. should be fired. d. should be paid more money. e. should be eliminated altogether. Answer: b. has become something of a gatekeeper, in that it filters through the cases appealed to the Supreme Court and unilaterally determines which cases are significant enough for review and which are not. 41. The rule of four means that a. at least four law clerks must read a case prior to a writ of certiorari being issued. b. at least four justices must be present at a hearing in order for a decision to be viable. c. at least four justices must vote to hear a case and grant the petition for a writ of certiorari for a case to be reviewed. d. at least four hearings must be held in the lower courts before the Supreme Court can review a case. e. at least four votes must be taken before a final answer can be arrived at in the Supreme Court. Answer: c. at least four justices must vote to hear a case and grant the petition for a writ of certiorari for a case to be reviewed. 42. Which of the following activities strengthens the power of the Supreme Court? a. The Supreme Court can issue advisory opinions when the president is considering new legislation. b. The Supreme Court can impeach members of Congress when they continually fail to acknowledge rulings. c. The Supreme Court has great discretion in choosing which cases to hear. d. The Supreme Court can override the decisions of state courts. e. The Supreme Court can impeach the president. Answer: c. The Supreme Court has great discretion in choosing which cases to hear. 43. Since the 1980s, the Supreme Court has been accepting a. more cases. b. fewer cases. c. no cases dealing with economic issues. d. no cases dealing with sexual discrimination. e. no cases dealing with the death penalty. Answer: b. fewer cases. 44. Which of the following does NOT explain why the Supreme Court is presently reviewing fewer cases? a. risk aversion on the part of the law clerks b. the abandonment of the “join 3” rule c. The lower court justices and a majority of the Supreme Court justices hold similar ideological views. d. fewer problems are being brought to the courts for resolution. e. Cert pool law clerks reviewing the petitions are far less interested in taking cases. Answer: b. the abandonment of the “join 3” rule 45. The solicitor general a. represents the Congress before the Supreme Court. b. represents the president before the Supreme Court. c. represents the government before the Supreme Court. d. represents the military before the Supreme Court. e. represents the citizens involved in a case before the Supreme Court. Answer: c. represents the government before the Supreme Court. 46. Interest groups may lobby the Supreme Court via a. the solicitor general. b. petitions to their representatives in Congress. c. amicus curiae briefs. d. fund raising. e. the President. Answer: c. amicus curiae briefs. 47. What is meant by a “concurring opinion”? a. an opinion delivered that explains the chief justice’s position on a particular case b. an opinion delivered when a justice agrees with the majority opinion but for different reasons c. an opinion delivered when members of the Court interpret constitutional issues d. an opinion delivered when less than a majority of justices hold the same opinion on a case e. less than a majority vote on an opinion of the Court. Answer: b. an opinion delivered when a justice agrees with the majority opinion but for different reasons 48. The text notes that it may cost as much as __________ to bring a case before the Supreme Court. a. $80,000 b. $37,000 c. $250,000 d. $500,000 e. $750,000 Answer: d. $500,000 49. Which president appointed Earl Warren? a. Harry Truman b. Dwight Eisenhower c. John Kennedy d. Lyndon B. Johnson e. Richard M. Nixon Answer: b. Dwight Eisenhower 50. A decision of the Supreme Court that represents the agreed-upon compromise judgment of all the justices in the majority is called a a. plurality opinion. b. dissenting opinion. c. concurring opinion. d. majority opinion. e. minority opinion. Answer: d. majority opinion. 51. A decision by the Supreme Court that does not have full legal force is the a. plurality opinion. b. dissenting opinion. c. concurring opinion. d. majority opinion. e. minority opinion. Answer: a. plurality opinion. 52. An opinion by a justice who agrees with the majority but for a different reason is called a a. plurality opinion. b. dissenting opinion. c. concurring opinion. d. majority opinion. e. minority opinion. Answer: c. concurring opinion. 53. An opinion written by a justice who disagrees with the majority of the court is called a a. plurality opinion. b. dissenting opinion. c. concurring opinion. d. majority opinion. e. defining opinion. Answer: b. dissenting opinion. 54. Which of the following Chief Justices was known as “Super Chief”? a. William Rehnquist b. John Marshall c. Earl Warren d. Warren Burger e. Thomas Reed. Answer: c. Earl Warren 55. Appeals court judge Robert Bork was a a. liberal. b. moderate. c. conservative. d. person whose political views were unknown to anyone. e. activist. Answer: c. conservative. 56. In 1987 the Democratic-controlled judiciary committee defeated the Supreme Court nomination of a. Robert Bork. b. William Rehnquist. c. Earl Warren. d. Clarence Thomas. e. Sandra Day O’Connor Answer: a. Robert Bork. 57. Brown v. Board of Education raised the issue of a. religious freedom. b. speech liberties. c. media coverage activities. d. desegregating public schools. e. gay rights. Answer: d. desegregating public schools. 58. The most combative person currently on the bench is a. William Smith. b. Clarence Thomas. c. Antonin Scalia. d. John Paul Stevens. e. John Roberts. Answer: c. Antonin Scalia. 59. Who are the real “tenth justices”? a. law school professors b. law school deans c. the spouses of justices d. law clerks e. lawyers Answer: d. law clerks 60. How often has the Senate rejected a Supreme Court appointment throughout history? a. About 10% b. About 40%. c. Less than 15%. d. About 30%. e. About 20%. Answer: e. About 20%. 61. Which chief justice has had the most impact on the evolution of the Supreme Court’s role in American democracy? a. John Roberts, for his expressions of minimizing Court power. b. John Marshall, for his creation of the judicial review power in Marbury v. Madison. c. William Rehnquist, for his delicate balancing of a 5–4 Court. d. Earl Warren for his expansion of rights in the 1960s e. Sonia Sotomayor for becoming the first female Hispanic on the Supreme Court. Answer: b. John Marshall, for his creation of the judicial review power in Marbury v. Madison. 62. What kind of judicial opinion enables a justice to agree with the majority but express a different reason for doing so? a. Majority opinion. b. Dissenting opinion. c. Minority opinion. d. Concluding opinion. e. Concurring opinion. Answer: e. Concurring opinion. 63. In the recent Court, about what percentage of cases have been split either 5–4 or 6–3, indicating a polarized ideological Court? a. About 30 %. b. About 40%. c. About 50%. d. About 60%. e. About 70% Answer: c. About 50%. 64. Which of the following is the first designated “seat on the Supreme Court”, filled by a specific ethnic, religious, or gender applicant? a. The African American seat. b. The female seat. c. The Hispanic seat d. The Catholic seat. e. The Jewish seat. Answer: d. The Catholic seat. 65. An appellate court differs from a trial court because a. appellate judges rely on the Constitution as well as the laws. b. the judges on that court have advanced law degrees. c. appellate court judges have law clerks, trial judges do not. d. appellate courts decide matters of law only, not fact. e. appellate courts decide fact not matters of law. Answer: d. appellate courts decide matters of law only, not fact. 66. Which of the following is not included in Article III of the Constitution, discussing the Supreme Court’s powers? a. The granting of judicial review power. b. A definition of the appellate jurisdiction powers. c. A definition of the original jurisdiction powers. d. The power of Congress to affect the judicial branch. e. Article II does not discuss the Supreme Court. Answer: a. The granting of judicial review power. 67. The power to interpret the meaning of laws and apply them to the facts of a case is called a. judicial review. b. statutory construction. c. judicial interpretation. d. judicial law-reading. e. judicial restraint. Answer: b. statutory construction. True or False 68. Marbury v. Madison provided the Court with the power to declare acts of Congress unconstitutional. Answer: True 69. One way in which the independence of the Supreme Court is established is through the Constitution’s proclamation that there will be nine justices. Answer: False 70. Constitutional courts are courts that are mentioned in Article III, whose judges have life tenure. Answer: True 71. A federal court of appeals case dealt with by all of the judges in the entire circuit is called an en banc proceeding. Answer: True 72. William Rehnquist moved from being the most liberal justice to the most conservative member of his Court. Answer: False 73. The White House and Senate use the American Bar Association in the judicial confirmation process? Answer: True 74. Sandra Day O’Connor is the only justice that has not been a “swing justice”. Answer: False 75. Nearly all issues that make their way to the Supreme Court begin in the lower federal courts or state judicial systems. Answer: True 76. The framers outlined the nature of the federal judicial branch in Article I of the Constitution. Answer: False 77. The power of judicial review is the power of the federal courts to remove an elected official from office. Answer: False 78. Judicial review was invoked for the first time in the case of McCulloch v. Maryland (1803). Answer: False 79. The framers left it to Congress to be more specific about the organization and jurisdiction of the judiciary. Answer: True 80. The Judiciary Act of 1789 only pertained to the United States Supreme Court. Answer: False 81. Judicial review has been called the Court’s ultimate power because it is absolute. Answer: True 82. Criminal cases always begin in federal court. Answer: False 83. Civil cases usually involve disputes between individuals over money and personal wellbeing. Answer: True 84. Chief Justice John Marshall only served for five years on the Supreme Court. Answer: False 85. There are nineteen federal appeals courts. Answer: False 86. The term en banc refers to appeals court proceedings in which all the judges in a particular circuit serve as a tribunal. Answer: True 87. Robert Bork was the first Supreme Court appointee to be unanimously confirmed by the judiciary committee. Answer: False 88. The Supreme Court’s most frequently used power is the power to do nothing. Answer: True 89. A court’s power depends on its independence, that is, its ability to make decisions free of outside influences. Answer: True 90. Presidents expect their legacy of Supreme Court appointments to dwindle once they leave office. Answer: False 91. The Judiciary Committee in the Senate has never successfully defeated a presidential Supreme Court appointee. Answer: False 92. In recent years, presidents have considered members of minority groups for court appointments in order to make the courts more representative of American society. Answer: True 93. A writ of certiorari is not needed for cases involving capital punishment. Answer: False 94. In the end, the Court’s greatest protection from political threats to its independence has always come from the people themselves. Answer: True 95. The American judicial system consists of two separate and parallel court systems. Answer: True 96. Very few of the Supreme Court’s cases come from its appellate jurisdiction. Answer: False 97. Since the late 1980s, the Supreme Court has been accepting and deciding fewer and fewer cases. Answer: True 98. The solicitor general is the third-ranking official in the Justice Department. Answer: True 99. Judges throughout the legal system very seldom base decisions on the doctrine of stare decisis. Answer: False 100. Like members of political parties, justices tend to be grouped ideologically as conservative, liberal, or moderate. Answer: True 101. Activists come in very few varieties and receive few labels. Answer: False 102. The personalities of individual justices and how the justices interact with each other play a large role in the direction of the Court. Answer: True 103. The Supreme Court is the least democratic branch of the federal government. Answer: True Essay Questions 104. Define and discuss the origins of judicial power. Answer: Definition and Origins of Judicial Power (Short Version) Judicial Power: Judicial power is the authority of courts to interpret laws, resolve disputes, and ensure justice. It involves applying legal rules, reviewing government actions for constitutionality, and maintaining the rule of law. Origins: 1. Ancient and Medieval Roots: • Ancient Civilizations: Early legal codes and judicial systems in Mesopotamia, Egypt, Greece, and Rome. • Roman Law: Influential principles of legal interpretation and precedent. • Medieval Europe: Development of common law in England and local judicial authorities. 2. Modern Development: • Magna Carta (1215): Established rule of law and judicial procedures. • Enlightenment: Philosophers like Montesquieu and Locke advocated for judicial independence and separation of powers. • U.S. Constitution (1787): Created an independent judiciary; Marbury v. Madison (1803) established judicial review. 3. International Influence: • Civil Law Traditions: Emphasis on codified statutes in countries influenced by the Napoleonic Code. • Common Law Systems: Development through case law and judicial precedent in the UK, Canada, Australia, and others. Judicial power is crucial for upholding justice, democracy, and individual rights, evolving from ancient practices to modern legal frameworks. 105. Describe how the American judicial system is organized. Answer: Organization of the American Judicial System (Short Version) Federal Court System: 1. Supreme Court of the United States: • Highest court; nine Justices. • Primarily an appellate court. • Reviews cases from federal and state courts involving federal law or constitutional issues. 2. U.S. Courts of Appeals (Circuit Courts): • Intermediate appellate courts. • 12 regional circuits and one Federal Circuit. • Hear appeals from U.S. District Courts. 3. U.S. District Courts: • General trial courts. • 94 judicial districts. • Handle civil and criminal federal cases. 4. Specialized Courts: • Include Bankruptcy Courts, Tax Court, Court of Federal Claims. • Handle specific types of cases. State Court Systems: 1. State Supreme Court: • Highest court in a state. • Reviews decisions from lower state courts. 2. Intermediate Appellate Courts: • Present in many states. • Handle appeals from trial courts. 3. Trial Courts: • General jurisdiction courts (e.g., Superior, Circuit). • Handle most cases at the first instance. • Specialized courts (e.g., Family, Probate, Small Claims) focus on specific cases. Key Features: • Dual Court System: Separate federal and state systems. • Jurisdiction: Federal courts for federal issues, state courts for state issues. • Appeal Process: Cases can be appealed to higher courts; state cases can go to the U.S. Supreme Court if federal issues are involved. • Judicial Independence: Federal judges appointed for life; state judges may be elected or appointed. 106. What is the process by which an individual becomes a member of the federal judiciary? Answer: An individual becomes a member of the federal judiciary through the following process: 1. Nomination: The President of the United States nominates a candidate for a federal judgeship. 2. Senate Confirmation: The nomination is sent to the Senate, where the Senate Judiciary Committee conducts hearings and votes on the nomination. 3. Full Senate Vote: If the Judiciary Committee approves the nomination, it is then voted on by the full Senate. A simple majority is required for confirmation. 4. Appointment: Upon Senate confirmation, the President formally appoints the nominee, who then takes the judicial oath of office and officially becomes a federal judge. 107. How does the Supreme Court operate? Answer: The Supreme Court operates as follows: 1. Case Selection: The Court selects cases, primarily through the writ of certiorari, choosing a small percentage of cases from thousands of petitions. 2. Briefs: Parties involved in a case submit written briefs outlining their arguments, and amicus curiae briefs may also be submitted by interested third parties. 3. Oral Arguments: The Court hears oral arguments where attorneys for each side present their case and answer justices' questions. 4. Conference: Justices meet in private to discuss the cases and take a preliminary vote. 5. Opinion Writing: One justice writes the majority opinion, and other justices may write concurring or dissenting opinions. 6. Decision Announcement: The Court's decision and opinions are publicly announced and published. These steps ensure a thorough review and deliberation process for each case. 108. Discuss the role of the solicitor general. Answer: The Solicitor General plays a crucial role in the U.S. legal system by: 1. Representing the Federal Government: Acting as the federal government's lawyer before the Supreme Court. 2. Supervising Appeals: Overseeing and approving appeals on behalf of the government to the Supreme Court. 3. Amicus Curiae: Filing amicus curiae briefs in cases where the federal government has a significant interest, even if it is not a direct party. 4. Advising the Supreme Court: Providing legal opinions and recommendations to the Court on whether it should grant certiorari in particular cases. The Solicitor General thus ensures the federal government's interests are effectively represented in the Supreme Court. 109. Describe the process by which the Supreme Court decides a case. Answer: The Supreme Court decides a case through the following process: 1. Case Selection: The Court grants certiorari to a small number of cases from thousands of petitions. 2. Brief Submission: Parties submit written briefs, including amicus curiae briefs from interested third parties. 3. Oral Arguments: Attorneys for each side present their arguments and answer justices' questions during scheduled oral arguments. 4. Conference: Justices meet in private to discuss the case and take a preliminary vote. 5. Opinion Assignment: If the Chief Justice is in the majority, they assign a justice to write the majority opinion. If not, the senior justice in the majority assigns the opinion. 6. Opinion Writing: The assigned justice writes the majority opinion, and other justices may write concurring or dissenting opinions. 7. Decision Announcement: The Court publicly announces its decision and issues the written opinions. This structured process ensures thorough consideration and deliberation of each case. 110. What is the role of law clerks? Answer: Law clerks assist judges in various tasks, including: 1. Legal Research: Conducting research on legal issues relevant to cases. 2. Drafting: Assisting in drafting opinions, orders, and other court documents. 3. Case Analysis: Summarizing case files, identifying key issues, and providing recommendations. 4. Preparation: Helping prepare judges for oral arguments and conferences. 5. Administrative Tasks: Handling administrative duties as assigned by the judge. Law clerks play a crucial role in supporting judges in their decision-making process. 111. Discuss the role of the chief justice. Answer: The Chief Justice of the United States, as the head of the judicial branch, has several key roles: 1. Presiding Over the Court: The Chief Justice presides over Supreme Court sessions, ensuring orderly proceedings. 2. Administrative Head: The Chief Justice oversees the administrative functions of the federal court system. 3. Judicial Duties: The Chief Justice participates in deciding cases, with one vote like any other justice. 4. Swearing-In Presidents: The Chief Justice traditionally administers the oath of office to the President of the United States. 5. Legal Representation: The Chief Justice represents the judiciary in its relations with the executive and legislative branches. The Chief Justice's leadership is critical in shaping the direction of the Supreme Court and the federal judiciary. 112. Discuss the use of precedent as a factor affecting Supreme Court cases. Answer: Precedent, or the principle of stare decisis, is a key factor in Supreme Court cases: 1. Binding Precedent: The Court is generally bound by its previous decisions and strives to maintain consistency in the law. 2. Persuasive Precedent: Decisions from lower courts or other jurisdictions may be considered persuasive but are not binding. 3. Overruling Precedent: The Court can overturn precedent if it determines that a previous decision was wrongly decided or no longer applicable. 4. Developing Precedent: The Court can also develop precedent by interpreting existing law in new ways or applying it to new situations. Precedent helps ensure stability and predictability in the law but also allows for flexibility and adaptation to changing societal needs. 113. Analyze what role personal factors and voting bloc balance play in understanding how judicial decisions are made. Answer: Understanding how judicial decisions are made involves considering a variety of factors, including personal factors and the balance of voting blocs within the judiciary. Personal factors refer to the individual characteristics, beliefs, values, and experiences of judges that may influence their decision-making process. These factors can include ideology, judicial philosophy, personal values, political affiliation, and life experiences. Judges often bring their own perspectives and beliefs to the bench, which can shape how they interpret the law and make decisions. For example, a judge with a conservative ideology may interpret the law differently than a judge with a liberal ideology, leading to different outcomes in cases involving similar legal issues. Voting bloc balance, on the other hand, refers to the composition of the judiciary and the alignment of judges along ideological or philosophical lines. In many cases, judicial decisions are made by a panel of judges rather than a single individual. The composition of the panel can impact the outcome of a case, as judges may be influenced by the views of their colleagues or may seek to achieve a consensus decision. In understanding how judicial decisions are made, it is important to consider both personal factors and voting bloc balance. Personal factors can provide insight into the motivations and reasoning behind individual judges' decisions, while voting bloc balance can help explain how decisions are reached in cases involving multiple judges. By considering these factors, we can gain a better understanding of the complex and nuanced process of judicial decision-making. 114. Analyze the role of public opinion in swaying a Supreme Court justice’s decision. Answer: Public opinion can play a complex role in swaying a Supreme Court justice's decision. While justices are expected to be impartial and base their decisions solely on the law and the Constitution, they are not immune to external influences, including public opinion. Here are several ways public opinion can influence a justice's decision: 1. Legitimacy and Public Trust: Justices may be mindful of public opinion to maintain the legitimacy and public trust in the Court. They may be reluctant to issue decisions that are too far out of step with prevailing public attitudes, as this could undermine the Court's authority. 2. Political Pressure: Justices are aware of the political environment and may be influenced by public opinion when making decisions that have political implications. They may be more likely to align their decisions with public opinion to avoid backlash or criticism. 3. Interpretation of Public Values: Public opinion can shape justices' interpretation of the Constitution and laws. Justices may view public opinion as a reflection of societal values and may consider it when interpreting ambiguous legal principles. 4. Legal Precedent: Public opinion can influence the development of legal precedent through the cases that come before the Court. Justices may be more likely to revisit or overturn precedent in response to shifts in public opinion. 5. Advocacy and Public Discourse: Public opinion can be shaped by advocacy and public discourse around legal issues. Justices may be exposed to these arguments and may be influenced by them when considering a case. However, it is important to note that public opinion is just one of many factors that can influence a justice's decision. Justices are expected to adhere to the law and the Constitution, even when it conflicts with public opinion. Additionally, the Court is designed to be insulated from public opinion to some extent, with justices appointed for life terms to minimize the impact of short-term shifts in public sentiment. 115. Discuss the source of the Supreme Court’s power of judicial review and whether or not it is democratic. Answer: The Supreme Court's power of judicial review is not explicitly granted in the Constitution but was established by the Court itself in the landmark case Marbury v. Madison (1803). This power allows the Court to review laws and executive actions to determine their constitutionality, and it has become a fundamental part of the American legal system. Whether judicial review is democratic is a matter of debate. Critics argue that it allows unelected judges to overturn laws passed by elected representatives, undermining democratic principles. However, proponents argue that judicial review is essential for protecting individual rights and ensuring that the government stays within the bounds of the Constitution. Ultimately, the balance between judicial review and democracy is a complex issue that continues to be debated in legal and political circles. 116. Evaluate the basis of the Court’s independence and whether this independence preserves or undermines democracy. Answer: The Court's independence is based on several factors, including life tenure for justices, which insulates them from political pressure, and the requirement that their salaries not be reduced, which protects against financial coercion. This independence is intended to allow justices to interpret the law impartially and without fear of reprisal. Whether this independence preserves or undermines democracy is a matter of perspective. Supporters argue that judicial independence is essential for upholding the rule of law and protecting individual rights against potential abuses by the government or majority rule. Critics, however, argue that judicial independence can lead to decisions that go against the will of the people as expressed through their elected representatives, undermining democratic principles. Ultimately, the balance between judicial independence and democracy is a complex issue that requires careful consideration of the role of the judiciary in a democratic society. 117. Compare and Contrast the creation of the Supreme Court in Great Britain with that of the United States. Answer: In Great Britain, the Supreme Court was created in 2009 with the establishment of the Constitutional Reform Act. Prior to this, the highest court was the Appellate Committee of the House of Lords. The creation of the Supreme Court in Britain was aimed at separating the judiciary from the legislature, as the House of Lords had served both functions. In contrast, the United States established its Supreme Court in 1789 with the ratification of the Constitution. The Court was established as the highest judicial body in the country, with the power of judicial review explicitly granted in the Constitution. The creation of the Supreme Court in the United States was part of the original design of the federal government, aimed at balancing power between the three branches. Overall, while both the British and American Supreme Courts serve similar functions as the highest judicial bodies in their respective countries, the processes and reasons for their creation differ significantly. 118. Discuss the role of the American Bar Association in the appointment and confirmation of Supreme Court Justices. Answer: The American Bar Association (ABA) plays a significant role in the appointment and confirmation of Supreme Court Justices in the United States. The ABA evaluates the qualifications of potential nominees based on their integrity, professional competence, and judicial temperament. The ABA's Standing Committee on the Federal Judiciary conducts thorough evaluations of nominees and provides its findings to the Senate Judiciary Committee, which considers them during the confirmation process. While the ABA's evaluations are not binding, they are highly influential and often carry significant weight in the confirmation process. 119. Analyze the affect of minority appointments by the President on the Lower Federal Courts. Answer: The appointment of minorities by the President to the lower federal courts can have several effects. It can increase diversity on the bench, providing different perspectives and experiences that may enrich judicial decision-making. Minority appointments can also help ensure that the judiciary reflects the diversity of the population it serves, promoting public trust and confidence in the courts. Additionally, minority appointments can have a symbolic impact, signaling a commitment to inclusivity and equal representation. However, the impact of minority appointments may be limited by factors such as the overall composition of the judiciary and the influence of other political and social factors on judicial decision-making. Test Bank for Approaching Democracy Larry A Berman, Bruce Allen Murphy 9780205903825
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