Chapter 16 The Federal Courts Study Guide



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US Government Chapter 16

Study Guide

Directions: For this study guide and all that follow, read the chapter(s) entirely. Answer the questions (or define the terms) on this sheet. Do so accurately and thoroughly. Add information to it during class, and use to review for your tests. You are responsible for accuracy.

Chapter 16

1. Describe the controversy over the role of the courts.

2. In addition to the Supreme court, there are ___ federal courts of appeal, a Court of Appeals for the __ and ___ federal district courts.

The Nature of the Judicial System

3. The courts provide an arena for what?

4. Most cases never go to trial because _______________.

5. Criminal law –

6. Civil law –

Participants in the Judicial System/Litigants

7. plaintiff –

8. defendant-

9. standing to sue –

10. class action suits –

11. Justiciable disputes –

Groups

12. NAACP –

13. ACLU –

14. Amicus curiae –

Attorneys

15. Legal Services Corporation –

16. How are the wealthy at an advantage in the legal system?

The Structure of the Federal Judicial System

17. What does the Constitution say about the structure of the federal court system?

18. Constitutional courts –

19. Legislative courts –

20. Original jurisdiction –

21. Appellate jurisdiction –

District Courts

22. District courts –

23. How many judges normally preside? How many in unusual cases and why?

24. What are three examples of cases that have jurisdiction in district courts?

25. What percent of criminal cases are herd in state/local courts? _______

26. Diversity of citizenship –

27. Federal magistrates –

28. US Attorney –

Courts of Appeal

29. Courts of appeal –

30. The United States is divided into __ judicial circuits. Each circuit serves ______ and has between _____ judgeships. Each court of appeal hears cases in panels of three, but each may sit ______.

31. There is also a special court of appeals called ________________ that hears special cases.

The Supreme Court

32. Supreme Court –

33. How many justices are on the Supreme Court?

34. Does the Constitution specify a number of judges?

35. *Who decides which cases will be heard in the Supreme Court?

36. *The vast majority of cases heard in the Supreme Court are from what?

37. *When does the Supreme Court hear cases that originated in State court?

38. *In which cases does the Supreme Court have original jurisdiction?

The Politics of Judicial Selection

39. How long is the term of a federal judge?

40. Who nominates all federal judges? Who confirms and by what vote?

The Lower Courts

41. Senatorial courtesy –

42. Who besides Senators may suggest candidates for federal judge positions?

43. What can happen when members of the Senate oppose the President’s proposal for a new judge?

44. What is a “recess appointment”?

45. *How does divided government impact the appointment process?

The Supreme Court

46. When the position of Chief Justice is vacant, who may the President nominate? __

47. What is the role of Senators in recruitment of Supreme Court justices (compared to their role in selecting other federal judges)?

48. What role is played by the American Bar Association in the appointment process?

49. How frequently do President’s fail in getting their candidates appointed to the Supreme Court? ___ How does this compare with other judicial appointments?

50. What is the role of the Judiciary committee in the appointment process?

51. Why was Judge Bork rejected as a Supreme Court Justice?

52. Why was Judge Ginsburg rejected?

53. What happened when Clarence Thomas was nominated?

54. When are nominations more likely to run into problems?

The Background of Judges and Justices

55. The judges serving on the federal court have what characteristics? (See table 16.3)

56. What demographic groups have increased?

57. More than 90% of the presidents’ judicial nominations are members of the Presidents _____.

58. Presidents are sometimes disappointed in the rulings of judges they appoint. Describe Eisenhower’s disappointment.

The Courts as Policymakers

Accepting Cases

59. What is the role of law clerks in higher courts of deciding which cases to hear?

60. Writ of certiorari –

61. *Rule of four -

62. Solicitor general –

Making Decisions

63. When is the Supreme Court in Session?

64. What is the function of the written brief?

65. What is the function of amicus curiae briefs?

66. What happens during oral arguments?

67. Opinion –

68. Dissenting opinion –

69. Concurring opinion –

70. Stare decisis –

71. Precedents –

Implementing Court Decisions

72. Original intent –

73. Judicial implementation –

74. How are court decisions implemented?

The Courts and Policy Agenda

75. Marbury v. Madison-

76. Judicial review –

The Warren/Burger/Rehnquist Courts

77. What were some of the major rulings of the Warren Court?

78. What were some of the major rulings of the Burger Court?

79. US v. Nixon

80. What were some of the major rulings of the Rehnquist Court?

Understanding the Courts

81. In what ways are the courts not democratic institutions?

82. How are the courts impacted by politics?

83. How do the courts promote pluralism?

What the Courts should do: The Scope of Judicial Power

84. Judicial restraint –

85. Judicial activism –

86. Political questions -

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