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APAG Ch. 15 The Judiciary

APAG Ch. 15 The Judiciary Assignment 2 Pages 457-477 1. How many Courts of Appeals are in the U.S.? Where do their cases come from? There are 13 U.S. Courts of Appeals. Most of their cases come from the federal district courts.

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APAG Ch. 15 The Judiciary

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  1. APAG Ch. 15 The Judiciary Assignment 2 Pages 457-477

  2. 1. How many Courts of Appeals are in the U.S.? Where do their cases come from?

  3. There are 13 U.S. Courts of Appeals. Most of their cases come from the federal district courts.

  4. 2. What do the appellate courts usually decide in a case? How many judges hear the case?

  5. The appellate court does not conduct another trial. It does not look at questions of fact, but rather questions of law (such as whether there is a violation under the Constitution). A panel of three or more judges will hear the case.

  6. 3. Where do most decisions in the federal court system end?

  7. Most cases end with the Court of Appeals because the Supreme Court will only hear a fraction of the cases filed.

  8. 4. What are the three tiers of the federal court system? Which is the highest tier?

  9. The three tiers are the Federal District Courts, the Court of Appeals, and the Supreme Court. The Supreme Court is the highest tier.

  10. 5. What kind of cases are of original jurisdiction in the Supreme Court?

  11. The Supreme Court has original jurisdiction in cases that affect foreign diplomats and those in which a state is a party.

  12. 6. What is required for the federal Supreme Court to hear a case on appeal from the state courts?

  13. A federal question must be involved (it has to do with either federal law or the Constitution).

  14. 7. What roles do interest groups play in the federal court system?

  15. Interest groups litigate—bring to trial—or assist in litigating most cases of racial or gender-based discrimination, virtually all civil liberties cases, and more than one-third of the cases involving business matters.

  16. What is a amicus curiae? A class-action suit?

  17. Amicus Curiae is a brief filed by a third party (friend of the court) who is not directly involved in the litigation but who has an interest in the outcome of the case. A class-action suit is a lawsuit filed by an individual seeking damages for “all persons similarly situated.”

  18. 9. When is the annual term of the Supreme Court? What percentage of federal cases are reviewed by the Supreme Court?

  19. The Supreme Court, by law, begins its regular annual term on the first Monday in October and usually adjourns in late June or early July of the next year. Less than one-half of one percent of all cases reach the Supreme Court.

  20. 10. How does the Supreme Court influence policy in the U.S.?

  21. Because the Supreme Court exercises a great deal of discretion over the types of cases it hears, it can influence the nation’s policies by issuing decisions in some types of cases and refusing to hear appeals in others, thereby allowing lower court decisions to stand.

  22. 11. How are cases decided on whether they will go before the Supreme Court?

  23. The Supreme Court justices decide themselves which cases will be heard. The rule of four is used. Four justices have to agree to hear a case.

  24. 12. List the factors that bear on the decision on which cases are heard.

  25. 12. Factors that bear on the decision include: 1) Whether a legal question has been decided differently by various lower courts and needs resolution by the highest court. 2) Whether a lower court’s decision conflicts with an existing Supreme Court ruling.

  26. 3) Whether the issue could have significance beyond the parties to the dispute. 4) Whether the solicitor general is pressuring the Court to take a case.

  27. 13. What does the Supreme Court issue in order to hear a case? What is required for this issue?

  28. A writ of certiorari which requires a vote of four or more justices to issue (rule of four).

  29. 14. What is the basis of the Court’s considerations?

  30. The Supreme Court’s consideration of a case is based on the abstracts, the record, and the briefs.

  31. What are the choices of the decisions and opinions?

  32. 15. Unanimous opinion, majority opinion, concurring opinion, dissenting opinion.

  33. 16. How do federal judges get their jobs? How long to they keep their jobs?

  34. All federal judges are appointed by the president with the consent of the Senate. Once appointed, they keep the job for life.

  35. 17. What is senatorial courtesy?

  36. This is a Senate tradition allowing a senator of the president’s political party to veto a judicial appointment in his or her state simply by indicating that the appointment is personally not acceptable.

  37. 18. Describe the characteristics of the typical Supreme Court Justice.

  38. Characteristics include a legal background, protestant, age 51-60, college graduate, male, and caucasian.

  39. 19. How many presidents have not appointed a Supreme Court Justice?

  40. Four – William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter.

  41. 20. Describe briefly the history of appointments to the Supreme Court.

  42. 20. Ideology plays an important role in the president’s choices for judicial appointments, especially the Supreme Court. Presidents want to institutionalize their political views long after they leave office. In recent history, we have seen the liberal court of Earl Warren shift to the conservative court of William Rehnquist and today John Roberts.

  43. 21. What has happened to the appointment process since Bill Clinton’s time in office?

  44. During the late 1990’s and early 2000’s, partisan bickering increase between the Office of the President and the Senate. The result has been a backlog of federal judge appointments because of ideology.

  45. 22. What is judicial review? Describe the case and process that began judicial review.

  46. 22. The power of judicial review was established in the Supreme Court’s decision in Marbury v. Madison. Under the direction of Chief Justice John Marshall, judicial review (the power to declare a law or action of the other two branches of government unconstitutional) was established. The case concerned whether the federal gov’t. had the power to establish a bank and if so, whether a state could tax the federal bank.

  47. 23. What is the difference between judicial activism and judicial restraint?

  48. 23. Judicial Activism is a doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when those government bodies exceed their authority. Judicial Restraint is the doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.

  49. 24. Describe the make-up of the justices on the Roberts Court (conservative v. liberal).

  50. 24. The liberals include John Paul Stevens, David Souter, Ruth Baber Ginsburg, and Stephen Breyer. The conservatives include Clarence Thomas, Antonin Scalia, Samuel Alito, and Chief Justice John Roberts. The swing vote is Anthony Kennedy.

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