Question 1

A Supreme Court justice who votes strategically to join a majority to control the opinion assignment process for a given case is acting in accord with the ________ model of judicial behavior.

Accepted Answer

The strategic model of judicial behavior posits that justices consider not only their own preferences and ideology but also strategic considerations such as maintaining influence within the Court or shaping the law through opinion assignments. Voting strategically to control the opinion assignment process for a given case would fall under this model.

Question 2

The pattern of partisan voting among Supreme Court justices in the case of Bush v. Gore-with the Democratic justices supporting Gore's position and the Republican justices supporting Bush's-is most consistent with the ________ model of judicial behavior.

Accepted Answer

The attitudinal model suggests that justices' decisions are primarily influenced by their personal ideologies and attitudes. In the case of Bush v. Gore, the Democratic-appointed justices (Souter, Stevens, Ginsburg, and Breyer) tended to support Gore's position, while the Republican-appointed justices (Rehnquist, Scalia, Kennedy, and Thomas) tended to support Bush's position. This pattern of partisan voting is consistent with the attitudinal model, which predicts that justices will vote in a way that aligns with their political ideologies.

Question 3

In Brown v. Board of Education, the Supreme Court invalidated the "separate but equal" doctrine articulated in its 1896 decision in Plessy v. Ferguson. The Court's decision in Brown was, therefore, a violation of ________.

Accepted Answer

Stare decisis is a legal principle that requires courts to follow precedent established by previous court decisions. In Plessy v. Ferguson, the Supreme Court upheld the constitutionality of "separate but equal" segregation laws. However, in Brown v. Board of Education, the Court overturned this precedent and declared that segregation in public schools was unconstitutional. This was a violation of stare decisis because the Court was departing from established precedent.

Question 4

Which is an opinion written by a member of the Supreme Court offering legal reasons why the Court's majority erred in its resolution of a case?

Accepted Answer

A dissenting opinion is written by a member of the Supreme Court who disagrees with the majority's decision and provides legal reasoning to support their disagreement.

Question 5

A/an ________ is an individual or organization that is not party to a given case that submits a brief to a court in support of one side or another in pending litigation.

Accepted Answer

The term "amicus curiae" refers to a party who is not involved in a case but submits a brief to the court in support of one side or the other.

Question 6

The Supreme Court does not typically hear appeals for cases in which the issue is ________, that is, for cases in which a decision would have no effect for the parties involved in the dispute.

Accepted Answer

A case is considered moot when there is no longer a live controversy between the parties and any decision made by the court would have no practical effect on the issue at hand. The Supreme Court generally does not hear these types of cases as they cannot impact the rights of the parties involved or establish precedent for future cases.

Question 7

A student suspended from a public school for wearing a T-shirt promoting drug use appeals her suspension to a federal district court on First Amendment grounds. The American Civil Liberties Union (ACLU) files a brief with the court in support of the student's appeal. In this case, the ACLU is a/an ________.

Accepted Answer

The ACLU is not a party to the case, but files a brief in support of one side's argument. This is known as an amicus curiae, or "friend of the court," in which an outside party provides information or arguments that may be helpful to the court in reaching its decision.

Question 8

Which institution determines which cases will be heard by the Supreme Court?

Accepted Answer

The Supreme Court determines which cases it will hear. The court has discretionary jurisdiction, meaning it can choose which cases to review.

Question 9

Chief Justice John Roberts commented that a judge's job is like that of a baseball umpire who calls balls and strikes-that is, to decide neutrally based on how one sees the facts. This is an example of the ________ model of judicial behavior.

Accepted Answer

The description of a judge's job as being like that of a baseball umpire who calls balls and strikes is an example of the legal model of judicial behavior. This model suggests that judges should base their decisions on legal principles and facts presented to them, rather than personal attitudes or biases.

Question 10

In the famous case Roe v. Wade, many followers of the Court believed that the case should have been dismissed because it reached the court after the petitioner was forced to make a decision about keeping or aborting her unborn child. This argument is based on the legal concept of ________.

Accepted Answer

The concept being referred to in the question is mootness. Mootness refers to a situation in which a case is no longer a live controversy and therefore cannot be resolved by a court. In the case of Roe v. Wade, some argued that the case was moot because the petitioner had already made a decision about her pregnancy, and therefore the court could not provide any meaningful relief. Ultimately, the Supreme Court rejected this argument and decided the case based on its merits.

Question 11

In the Escola v. Coca-Cola Bottling Co. (1944) California Supreme Court case, Justice Roger Traynor was a member of the majority; he wrote an opinion arguing that rather than deciding the case on grounds of negligence, a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers. This is an example of a ________.

Accepted Answer

Justice Traynor's opinion agreed with the majority's overall decision, but provided a different reasoning for it based on strict liability instead of negligence. This makes it a concurring opinion.

Question 12

Which model of judicial behavior reflects the idea that judges decide cases based on the objective application of legal rules to the facts presented to the court?

Accepted Answer

The legal model of judicial behavior holds that judges should base their decisions purely on legal principles and precedents, interpreting the law objectively without considering their own personal preferences or extraneous factors. In this view, judges simply apply the law to the facts of the case before them, much like a computer executing a program. While this model has come under criticism for neglecting the influence of judicial ideology and strategic behavior, it remains an important theoretical framework for understanding the role of the judiciary.

Question 13

Which is an opinion written by a member of the majority of the Supreme Court in a given case that offers alternative legal reasoning for reaching the same result in the case?

Accepted Answer

This type of opinion is called a concurring opinion. It is written by a justice who agrees with the majority's ultimate decision in a case but offers a different legal reasoning for reaching that decision.

Question 14

Which legal philosophy prescribes that judges should use the intentions of those who wrote the law or the Constitution as guides for how to interpret the law?

Accepted Answer

Strict constructivism is the legal philosophy that emphasizes interpreting the law based on the original intentions of those who wrote it.

Question 15

How many votes are required for the Supreme Court to grant certiorari?

Accepted Answer

Four out of nine Supreme Court Justices must agree to grant certiorari for a case to be heard by the Supreme Court.

Question 16

The principle of stare decisis requires that judges make decisions in accordance with ________.

Accepted Answer

Stare decisis means to "stand by things decided" and requires judges to follow precedent or prior decisions made by their courts. This principle is based on the idea that consistency and stability in legal rulings are essential to the rule of law.

Question 17

Which norm of judicial behavior is most closely related to the common law system in the United States?

Accepted Answer

Stare decisis, or the principle of following precedent, is closely related to the common law system in the United States. Under this norm, judges are expected to adhere to previous court decisions and rely on past interpretations of the law when deciding current cases. This helps to provide consistency and predictability in the legal system, and is a fundamental principle of the common law tradition.

Question 18

Which model of judicial behavior reflects the idea that judges decide cases primarily on the basis of their personal policy preferences?

Accepted Answer

The attitudinal model of judicial behavior proposes that judges' decisions are shaped by their personal policy preferences or values. This model assumes that judges are influenced by their attitudes and beliefs, and they use legal reasoning as a means to justify their preferred outcomes.

Question 19

Which model of judicial behavior reflects the idea that judges decide cases based on their assessments of the likely behavior of other judges, political institutions, and the public?

Accepted Answer

The strategic model of judicial behavior reflects the idea that judges make decisions based on their perception of how their actions will affect the behavior of other actors, such as other judges, political institutions, and the public. This model assumes that judges are strategic actors who seek to maximize their own interests and achieve desired outcomes by taking into account the political and institutional context in which they operate.

Question 20

In the early twentieth century, Justice Oliver Wendell Holmes wrote several historic ________ in which he disagreed with the majority, laying the groundwork for expanding freedom of speech in later Court majority decisions.

Accepted Answer

Justice Holmes wrote dissents in which he disagreed with the majority, laying the groundwork for expanding freedom of speech in later Court majority decisions.

Quiz 8: The Judiciary