Question 1

If someone is an advocate of the philosophy of judicial restraint,he or she believes

Accepted Answer

Advocates of the philosophy of judicial restraint believe that judges should limit their interpretation of the Constitution to only the words of the document and not extrapolate or interpret beyond their explicit meaning. The belief is that the Constitution is not a living document that changes its meaning over time.

Question 2

When interest groups use a "pattern of cases" strategy,they

Accepted Answer

Interest groups using a "pattern of cases" strategy bring the same type of suit in more than one circuit in the hopes that inconsistent treatment by two different courts will improve the chance of a Supreme Court review. This strategy is used to increase the likelihood of the Supreme Court taking up the case and issuing a favorable ruling.

Question 3

Under normal rules of oral argument,each lawyer has ________ to present his or her case
Before the Supreme Court.

Accepted Answer

Under normal rules of oral argument, each lawyer has 30 minutes to present his or her case before the Supreme Court. This time can be extended or reduced depending on various circumstances, but the default time limit is 30 minutes.

Question 4

Cases ________ are LEAST likely to be accepted by the Supreme Court.

Accepted Answer

The Supreme Court is primarily interested in cases that raise important constitutional questions or have broad legal implications. Cases that address state laws but do not raise constitutional issues are often considered to be of less significance and are therefore less likely to be accepted by the Court. Choosing answers A, C, or D would not accurately reflect the Court's criteria for selecting cases to hear.

Question 5

Aside from the justices themselves,who or what has the greatest power in shaping the flow
Of cases to the Supreme Court?

Accepted Answer

The solicitor general has the greatest power in shaping the flow of cases to the Supreme Court. The solicitor general is responsible for representing the federal government before the Supreme Court and has the authority to decide which cases the federal government will appeal to the Supreme Court. This gives the solicitor general significant influence over the types of cases that the Supreme Court hears.

Question 6

The process of confirming federal court appointments has recently become very contentious.Describe the steps to becoming a federal judge and the considerations involved in who is nominated.Why has this process become so controversial in recent years? Provide some examples of this conflict in the confirmation process.

Accepted Answer

The answer of The process of confirming federal court appointments...

Question 7

Explain the basic structure and jurisdiction of the federal judicial system.Describe the three different levels of federal courts.How are the lower courts created and how is their jurisdiction defined? What was the original jurisdiction of the Supreme Court?

Accepted Answer

The answer of Explain the basic structure and jurisdiction of...

Question 8

Each Supreme Court justice is assigned ________ law clerks.

Accepted Answer

Each Supreme Court justice is typically assigned four law clerks.

Question 9

The assignment of the opinion in a Supreme Court case is

Accepted Answer

The assignment of the opinion in a Supreme Court case is important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation. The opinion is not just a final vote, but a legal document that sets precedent and guides future cases. Therefore, the wording and emphasis of the decision can have significant consequences for how it is interpreted and applied in future legal challenges.

Question 10

The solicitor general is the

Accepted Answer

The solicitor general is the third-ranking official in the Department of Justice, following the Attorney General and the Deputy Attorney General.

Question 11

Which of the following best describes the role of the solicitor general?

Accepted Answer

The solicitor general is responsible for representing the United States before the Supreme Court in cases where the federal government is a party. This includes preparing legal arguments and briefs, and presenting oral arguments before the court. The solicitor general is an important position within the Department of Justice, but is not the head of the Department. The solicitor general does not serve as the chief legal counsel for the White House or Congress.

Question 12

Roe v.Wade is a good example of

Accepted Answer

Roe v. Wade is a classic example of judicial activism because it expanded the interpretation of the Constitution to imply a right to privacy, which is not explicitly mentioned. The Supreme Court found a broad right to privacy that protected a woman's decision to have an abortion, even though the Constitution does not specifically address it. This decision expanded the role of the judiciary by interpreting the Constitution beyond the actual words.

Question 13

Analyze the exercise of judicial review.What is judicial review,what are its origins,and why has it remained an unquestioned power of the courts for so long? Provide some examples of notable uses of judicial review in Supreme Court history.

Accepted Answer

The answer of Analyze the exercise of judicial review.What is...

Question 14

A person,agency,or interest group not directly a party to a case but with an interest in its
Outcome may file a(n)________ brief.

Accepted Answer

An amicus curiae brief, also known as a friend of the court brief, is filed by a person or group who is not a party to the case but has an interest in its outcome. The brief is intended to advise the court on matters that may not have been fully considered by the parties involved in the case. Choices A, B, and D do not accurately describe the concept of an amicus curiae brief.

Question 15

Discuss the various paths that a case can take to arrive before the Supreme Court.In particular,discuss the Court's original jurisdiction and its process for granting a writ of certiorari.In your answer,be sure to describe the kinds of cases to which the Court is likely to grant "cert."

Accepted Answer

The answer of Discuss the various paths that a case...

Question 16

There are different kinds of judicial philosophy in how to interpret the law.Outline the theories of judicial restraint and judicial activism.Discuss an example of the Supreme Court employing judicial activism.

Accepted Answer

The answer of There are different kinds of judicial philosophy...

Question 17

A certiorari pool describes the

Accepted Answer

A certiorari pool is a group of law clerks from the Supreme Court who work together to evaluate petitions for writs of certiorari, which are requests for the Court to review lower court decisions. This helps to streamline the process and ensure that each petition receives thorough consideration before being presented to the justices for a decision on whether to hear the case.

Question 18

The number of cases filed in the Supreme Court

Accepted Answer

The number of cases filed in the Supreme Court has indeed increased dramatically since 1940, reflecting the growing complexity of legal issues and the expansion of federal jurisdiction over time.

Question 19

Activist judges believe that federal judges should

Accepted Answer

Activist judges believe in interpreting the constitution and laws in a way that considers the broader societal implications of their decisions, even if it goes beyond the words of the constitution or statute. They often use their power to advance social change and promote a particular agenda.

Question 20

Which kind of case would NOT be granted certiorari under Rule 10 of the Rules of the Supreme
Court of the United States?

Accepted Answer

A case would not be granted certiorari under Rule 10 if it involves only state law issues without any federal question or constitutional issue, as in option A.

Quiz 12: The Federal Courts