Name ______
Chapter 16 The Federal Courts Study Guide
1. Describe the controversy over the role of the courts.
2. In addition to the Supreme court, there are ___ federal courts of appeal, a Court of Appeals for the __ and ___ federal district courts.
The Nature of the Judicial System
3. The courts provide an arena for what?
4. Most cases never go to trial because ______.
5. criminal law –
6. civil law –
Participants in the Judicial System/Litigants
7. plaintiff –
8. defendant-
9. standing to sue –
10. class action suits –
11. justiciable disputes –
Groups
12. NAACP –
13. ACLU –
14. amicus curiae –
Attorneys
15. Legal Services Corporation –
16. How are the wealthy at an advantage in the legal system?
The Structure of the Federal Judicial System
17. What does the Constitution say about the structure of the federal court system?
18. *Who creates federal courts? (we’ll discuss in class)
19. constitutional courts –
20. legislative courts –
21. original jurisdiction –
22. appellate jurisdiction –
District Courts
23. district courts –
24. How many judges normally preside? How many in unusual cases and why?
25. What are three examples of cases that have jurisdiction in district courts?
26. What percent of criminal cases are herd in state/local courts? ______
27. diversity of citizenship –
28. Federal magistrates –
29. US Attorney –
Courts of Appeal
30. courts of appeal –
31. The United States is divided into __ judicial circuits. Each circuit serves ______and has between _____ judgeships. Each court of appeal hears cases in panels of three, but each may sit ______.
32. There is also a special court of appeals called ______that hears special cases.
The Supreme Court
33. Supreme Court –
34. How many justices are on the Supreme Court?
35. Does the Constitution specify a number of judges?
36. *Who decides which cases will be heard in the Supreme Court?
37. *The vast majority of cases heard in the Supreme Court are from what?
38. *When does the Supreme Court hear cases that originated in State court?
39. *In which cases does the Supreme Court have original jurisdiction? (we will discuss in class)
The Politics of Judicial Selection
40. How long is the term of a federal judge?
41. Who nominates all federal judges? Who confirms and by what vote?
The Lower Courts
42. senatorial courtesy –
43. Who besides Senators may suggest candidates for federal judge positions?
44. What can happen when members of the Senate oppose the President’s proposal for a new judge?
45. What is a “recess appointment”?
46. *How does divided government impact the appointment process? (we will discuss in class)
The Supreme Court
47. When the position of Chief Justice is vacant, who may the President nominate? __
48. What is the role of Senators in recruitment of Supreme Court justices (compared to their role in selecting other federal judges)?
49. What role is played by the American Bar Association in the appointment process?
50. How frequently do President’s fail in getting their candidates appointed to the Supreme Court? ___ How does this compare with other judicial appointments?
51. What is the role of the Judiciary committee in the appointment process?
52. Why was Judge Bork rejected as a Supreme Court Justice?
53. Why was Judge Ginsburg rejected?
54. What happened when Clarence Thomas was nominated?
55. When are nominations more likely to run into problems?
The Background of Judges and Justices
56. The judges serving on the federal court have what characteristics? (See table 16.3)
57. What demographic groups have increased?
58. More than 90% of the presidents’ judicial nominations are members of the Presidents _____.
59. Presidents are sometimes disappointed in the rulings of judges they appoint. Describe Eisenhower’s disappointment.
The Courts as Policymakers
Accepting Cases
60. What is the role of law clerks in higher courts of deciding which cases to hear?
61. writ of certiorari –
62. *rule of four (in class)
63. solicitor general –
Making Decisions
64. When is the Supreme Court in Session?
65. What is the function of the written brief?
66. What is the function of amicus curiae briefs?
67. What happens during oral arguments?
68. opinion –
69. dissenting opinion –
70. concurring opinion –
71. stare decisis –
72. precedents –
Implementing Court Decisions
73. original intent –
74. judicial implementation –
75. How are court decisions implemented?
The Courts and Policy Agenda
76. Marbury v. Madison-
77. judicial review –
The Warren/Burger/Rehnquist Courts
78. What were some of the major rulings of the Warren Court?
79. What were some of the major rulings of the Burger Court?
80. US v. Nixon
81. What were some of the major rulings of the Rehnquist Court?
Understanding the Courts
82. In what ways are the courts not democratic institutions?
83. How are the courts impacted by politics?
84. How do the courts promote pluralism?
What the Courts should do: The Scope of Judicial Power
85. judicial restraint –
86. judicial activism –
87. political questions -