Government Ch. 15

23 June 2024
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The doctrine of stare decisis means
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to stand on the decided cases
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Under the doctrine of judicial review, the Supreme Court has ruled parts or all of acts of Congress to be unconstitutional about ______ in its history.
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200 times
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Sources of American law include
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the US Constitution, state constitutions, statutes, and administrative regulations.
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Jurisdiction and standing to sue are
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basic judicial requirements
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Federal courts have jurisdiction
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when there is a federal question in the case and when there is diversity of citizenship in the case
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Interest groups play an important role in our judicial system because
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they bring to trial cases of discrimination, civil liberties cases, and more than a third of cases involving business matters.
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Of the total number of cases that are decided each year, those reviewed by the Supreme Court represent
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less than one half of one percent
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The opinion of a court
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sets forth the reasoning upon which the ruling was based
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The most likely occupational position of a Supreme Court nominee before nomination is
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federal judgeship
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Over the course of American history, Supreme Court justices have tended to be
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Protestant white males
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A court opinion reflecting the views of most of the judges is called a
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majority opinion
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Judicial activism means
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that the Supreme Court should actively check the other branches of government when they exceed their authority.
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The Supreme Court under the leadership of William Rehnquist
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reversed a Florida Supreme Court decision that ordered a manual recount of the votes in selected Florida counties after the 2000 presidential election
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Presidents have the power to change the direction of the Supreme Court and the federal judiciary by
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appointing new judges who in principle have philosophies consistent with the president.
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Many states reacted to the Court's decision in Kelo v. City of New London by
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passing legislation limiting the ability of government to take private property for redevelopment by private business.
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If Congress disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. Constitution, it can
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propose an amendment to the Constitution that would negate the Court's ruling
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Using judicial review, the Supreme Court has ruled state laws to be unconstitutional about ______ times in its history.
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1000
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Most American law is based on
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the English legal system
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The ability of the Supreme Court to "say what the law is" is more formally known as
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judicial review
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According to the Constitution, the Supreme Court can exercise original jurisdiction
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in cases affecting foreign diplomats and in cases in which the state is a party
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The Supreme Court can review a state supreme court decision
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only if a federal question is involved
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A court that hears a broad, non-restricted range of cases is known as a court of
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general jurisdiction
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A procedure used by the Supreme Court to determine those cases it will hear is called
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The Rule of Four
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If a case is remanded, it
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is sent back to the court that heard the case
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A writ of certiorari by the Supreme Court orders
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a lower court to send it the record of a case for review
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Spoken presentations by attorneys to the appellate court laying out the reasons why the court should rule in his or her client's favor are known as
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oral arguments
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When all Supreme Court justices agree to an opinion, it is known as a _______ opinion.
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unanimous
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Some scholars suggest that one of the reasons the Supreme Court hears fewer cases today than in the past is the
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growing conservatism of judges sitting on lower courts
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Strict construction means
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the attempt to follow the "letter of the law"
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Public opinion can serve as a check on the judiciary because
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the public may pressure elected officials not to enforce an unpopular ruling
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Judicial implementation refers to
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the execution of court decisions into policy
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An issue that the court believes should be decided by the executive or legislative branch is called
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a political question
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The doctrine of judicial review was established by
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Marbury v. Madison
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A court rule bearing on subsequent legal decisions in similar cases is called
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a precedent
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The rules and principles announced in court decisions are called
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case laws
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The United States has a dual court system. There are
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state courts and federal courts
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The federal court derives its power from ______ and is organized according to _____.
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Article 3 of the Constitution, Congressional legislation
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The authority of a court to hear and decide a particular class of cases is known as
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jurisdiction
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A question that has to do with the US Constitution, acts of Congress, or treaties is known as a _____ question.
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federal
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Diversity of citizenship exists when
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the parties to the lawsuit are from different states.
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Standing to sue is
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determined by whether a person or a group has suffered harm as a result of the action that led to the dispute in question.
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Justiciable disputes
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are issues appropriate for resolution in court.
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Issues appropriate for resolution in court are known as
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justiciable disputes
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Tax courts and bankruptcy courts are examples of
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courts of limited jurisdiction
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US district courts are
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trial courts
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Each state has ______ federal district court.
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at least one
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Usually appellate courts look at questions of
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law
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The FISA court
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can issue warrants without revealing the information used to justify the warrant
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To engage in legal proceedings or seek relief in a court of law is to
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litigate
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A brief filed by a third party who is not directly involved in the litigation but who has an interest in the outcome of a case is called
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an amicus curiae brief
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A lawsuit seeking damages for "all persons similarly situated" is called
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a class-action suit
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Most petitions for writs of certiorari to the Supreme Court are
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denied
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If a case is affirmed, it
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means the decision is valid and must stand
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A justice who agrees with the result reached by the majority of the Court but wants to voice disapproval of the grounds on which the decision was made would write a(n)
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Concurring opinion
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A dissenting opinion can be important because
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it often forms the basis of the arguments used later to reverse the majority opinion in a similar case
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Judicial candidates for federal judgeships are usually suggested by all of the following except
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governors
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The concept of senatorial courtesy refers to the
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practice of allowing senators to veto candidates for federal district courts in their state.
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In the twenty-first century, Senate Republicans implemented a policy that
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members of the opposition party, the Democrats, would not be allowed to invoke senatorial courtesy
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Almost __ percent of presidential nominations to the Supreme Court have been either rejected or not acted on by the Senate.
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20
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______ was appointed as a conservative but gradually shifted to a more liberal position during her years on the Supreme Court
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Sandra Day O'Connor
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The philosophy that the Supreme Court should actively check the other branches of government when they exceed their authority is known as
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judicial activism
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The judicial philosophy that looks to the context and purpose of a law when making an interpretation is known as
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broad construction
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The doctrine that holds that the Supreme Court should defer to the decisions made by the elected representatives of the people is known as judicial
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restraint