Deck 13: The Courts

Question 1

What do you find most significant about having a common law system?

Answer 1

The judicial branch is involved in the system of law-making in the United States. Through their interpretation of the law, judges are an important part of the legal system and influence the way law is made and interpreted. They don't just apply the law; they also make it.

Question 2

In standing by precedent, a judge relies on the principle of ________.

A) stare decisis
B) amicus curiae
C) judicial activism
D) laissez-faire

Answer 2

A

Question 3

When it comes to filling judicial positions in the federal courts, do you believe race, gender, religion, and ethnicity should matter? Why or why not?

Answer 3

The United States has
become much more diverse, and it is only fitting that the judicial branch more accurately reflects the demographic composition of the population. At the same time, judicial positions should be filled by the most competent and qualified candidates.

Question 4

The justices of the Supreme Court are ________.

A) elected by citizens
B) chosen by the Congress
C) confirmed by the president
D) nominated by the president and confirmed by the Senate

Question 5

The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.

A) solicitor general
B) attorney general
C) U.S. attorney
D) chief justice

Question 6

A state case is more likely to be heard by the federal courts when ________.

A) it involves a federal question
B) a governor requests a federal court hearing
C) it involves a criminal matter
D) the state courts are unable to come up with a decision

Question 7

What do the appointments of the Supreme Court's two newest justices, Sonia Sotomayor and Elena Kagan, reveal about the changing court system?

Question 8

A case will be placed on the Court's docket when ________ justices agree to do so.

A) four
B) five
C) six
D) all

Question 9

The Supreme Court most typically functions as ________.

A) a district court
B) a trial court
C) a court of original jurisdiction
D) an appeals court

Question 10

In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government.

A) most unnecessary
B) strongest
C) least dangerous
D) most political

Question 11

Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Why do you believe the constitution's framers chose lifetime terms?

Question 12

Both state and federal courts hear matters that involve ________.

A) civil law only
B) criminal law only
C) both civil and criminal law
D) neither civil nor criminal law

Question 13

Of all the court cases in the United States, the majority are handled ________.

A) by the U.S. Supreme Court
B) at the state level
C) by the circuit courts
D) by the U.S. district courts

Question 14

Which court would you consider to be closest to the people? Why?

Question 15

The existence of the dual court system is an unnecessary duplication to some but beneficial to others. Provide at least one positive and one negative characteristic of having overlapping court systems in the United States.

Question 16

Do you believe federal judges should be elected rather than appointed? Why or why not?

Question 17

The Supreme Court's power of judicial review ________.

A) is given to it in the original constitution
B) enables it to declare acts of the other branches unconstitutional
C) allows it to hear cases
D) establishes the three-tiered court system

Question 18

The Supreme Court consists of ________.

A) nine associate justices
B) one chief justice and eight associate justices
C) thirteen judges
D) one chief justice and five associate justices

Question 19

One of the main ways interest groups participate in Supreme Court cases is by ________.

A) giving monetary contributions to the justices
B) lobbying the justices
C) filing amicus curiae briefs
D) protesting in front of the Supreme Court building

Question 20

Besides the Supreme Court, there are lower courts in the national system called ________.

A) state and federal courts
B) district and circuit courts
C) state and local courts
D) civil and common courts

Question 21

What are the core factors that determine how judges decide in court cases?

Question 22

When a Supreme Court ruling is made, justices may write a ________ to show they agree with the majority but for different reasons.

A) brief
B) dissenting opinion
C) majority opinion
D) concurring opinion

Question 23

Which of the following is a check that the legislative branch has over the courts?

A) Senate approval is needed for the appointment of justices and federal judges.
B) Congress may rewrite a law the courts have declared unconstitutional.
C) Congress may withhold funding needed to implement court decisions.
D) all of the above

Question 24

Critical Thinking Questions


-In what ways is the court system better suited to protect the individual than are the elected branches of the government?

Question 25

Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions.

Question 26

When using judicial restraint, a judge will usually ________.

A) refuse to rule on a case
B) overrule any act of Congress he or she doesn't like
C) defer to the decisions of the elected branches of government
D) make mostly liberal rulings

Question 27

Critical Thinking Questions


-On what types of policy issues do you expect the judicial branch to be especially powerful, and on which do you expect it to exert less power?

Question 28

Critical Thinking Questions


-The shirking of jury duty is a real problem in the United States. Give some reasons for this and suggest what can be done about it.

Question 29

Critical Thinking Questions


-Take a closer look at some of the operational norms of the Supreme Court, such as the Rule of Four or the prohibition on cameras in the courtroom. What is your opinion about them as long-standing traditions, and which (if any), do you believe should be changed? Explain your answer.

Question 30

Critical Thinking Questions


-What should be the most important considerations when filling judge and justice positions at the federal level? Why?

Question 31

Critical Thinking Questions


-Discuss the relationship of the judicial branch to the other branches of government. In what ways is the judicial more powerful than other branches? In what ways is SCOTUS less powerful than other branches? Explain.