Question 1

Explain the structure of the federal judicial system. How many different levels of courts are there? How are they structured so that they cover the entire nation? What types of cases are encountered at each level? Which ones do the most work?

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Question 2

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact does this have on the role of the Supreme Court in our political system?

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Question 3

Marbury v. Madison (1803) is widely believed to be the most important Supreme Court case in American history. What was this case about? Why is it that no matter what specific party to the case won, Chief Justice John Marshall would lose? How did he turn it to his advantage? Why does that make it the most important case in American history?

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Question 4

Describe the process of appealing a case to the Supreme Court up to the point at which the Court issues a majority opinion. Explain each step, identifying important rules that the Supreme Court follows and noting the important actors.

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Question 5

What is the difference between criminal cases and civil cases? Why do these differences exist? Should these differences exist? Why or why not?

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Question 6

What is the role of partisanship and politics in nominations to the federal judiciary? Does knowing a judge's partisanship tell us very much about how the judge will behave on the bench? Do you think the process is too political? Explain your answer.

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Question 7

What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process, what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

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Question 8

The federal government and most of the states operate under a system of "common law." Define this term as well as the notion of "precedent." What role does precedent play in judicial decision making? How does this type of system create opportunities for the judicial system to be a political institution?

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Quiz 13: The Courts