The German Judiciary

POSC 215Part III

Kesselman, pgs. 155-156, C:CP16-15

The German Judiciary

True/False Questions

1. The judiciary has always played a major role in German government.True or False

2. The Basic Law enumerates twenty individual rights, less than exist in the U.S. Constitution or in British common law.True or False

3. In defining the meaning of laws and implementing their administration, German courts go considerably beyond those in the United States and Britain.True or False

4. Compared to Britain, where much public policy is determined by the administrative actions of the bureaucracy, much of German public policy is determined by the legislature. True or False

5. Like the United States, Canada, Switzerland, and Austria, Germany is a federal republic.True or False

6. Wealthier German states that generate more tax revenues are allowed to keep their public revenues to assure an environment of competition and initiative among the Lander governments. True or False

7. The German party system encourages politicians to begin their careers at the local and state levels.True or False

8. Almost all Germans are disgusted with the fact that many museums, theater companies, television and radio networks, recreational facilities, and housing complexes are publicly owned, believing that the government has no business engaging in such activities. True or False

Multiple Choice Questions

1. The German legal tradition is based: a) more on the Anglo- Saxon principles allowing for an adversarial relationships between contending parties where the court merely provides the arena, b) on judges serving solely as independent arbiters among contending parties, c) a tradition with roots in Roman law and the Napoleonic code, d) on limiting the authority of the courts to stay away from interpreting the German constitution.

2. This court was a postwar creation in order to safeguard the new democratic order and deal directly with matters affecting the Basic Law: a) Supreme Court, b) Special Constitutional Court, c) Court of the Chancellery, d) The Apex Court.

3. Which level of the court system in Germany serves as a corrective balance to the arbitrary power of the state bureaucracy involving labor and tax policies, for example? a) The Special Constitutional Court, b) The Criminal-Civil System, c) The Federal High Court, d) The Administrative Court.

4. When do state elections occur in Germany? a) staggered four-year cycles, which generally coincide with federal elections, b) every 2 years to assure greater accountability, c) staggered four-year cycles, which generally do not coincide with federal elections, d) every six years to assure greater independence from federal elections.

5. What is one of the problems cited involving the Basic Law and state governments? a) The Basic Law did not specify which powers were reserved for the federal level and which for the states, b) The Basic Law has given too much power to the states at the expense of the central authority, increasing gridlock and conflicts, c) The Basic Law has essentially tied the hands of state governments whenever an issue arises that pits each state against another state, d) In the 65 years of Federalism, there has not been any significant conflict among the states and the federal government.

Fill-in Questions

1. During the Nazi regime, the judiciary

a) issued numerous ______decisions,

b) banning non-Nazi ______,

c) allowing the seizure of ______property,

d) and ______the deaths of millions.

2. The Federal High Court

a) reviews appeals of ______court decisions,

b) including ______and civil cases,

c) disputes among the ______,

d) and matters viewed as ______in some countries…

3. German state governments:

a) enjoy considerable ______and independent ______.

b) each state has a ______assembly (Lantag) which functions much as the

______does at the federal level.

c) the governor (Minister-President) of each Land is the leader of the largest party (or coalition of parties) in the Landtag and forms a ______in the Landtag, just as does the chancellor in the ______.

Answers

True/False Questions

1. True

3. True

5. True

7. True

Multiple Choice Questions

1. c

5. a

Fill-in Questions

1. a) repressive, b) parties, c) Jewish, d) sanctioning

3. a) autonomy, powers, b) regional, Bundestag, c) government, Bundestag

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