Quiz 2 Chapter 10 Judiciary

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Quiz 2 Chapter 10 Judiciary Powered By Docstoc
					NE ____                                                                   Name:
Quiz 2: Chapter 10 (pp. 358-373)                                          Date:
Point Value: 20 pts.                                                      Period:

Directions: In the space provided, indicate whether the following statements are True (“T”) or False (“F”).
Explain why the false statements are not true on the blank lines underneath them. One point is awarded for each
correct “T” or “F” designation and two points are awarded for each correct explanation of a false statement.
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_____ 1)   In recent years, of the approximate 9,000 cases filed at the Supreme Court, the following is true:
              Less than 1% of those cases were placed on the Court’s docket and argued before the Court
              Roughly two-thirds of the cases on the Court’s docket arrived from federal courts.
              Over 90% of the cases on the Court’s docket arrive there through its appellate jurisdiction.
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_____ 2)   In order for a case to be placed on the docket of U.S. Supreme Court through its appellate
           jurisdiction, the Court must issue a writ of certiorari on the case’s behalf. The writ will only be
           issues if the case “raises a federal question” and six of the nine justices agree that the case should
           be heard by the Court.
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_____ 3)   When the U.S. Solicitor General’s Office petitions the Court to issue a writ of certiorari, the Court
           rarely agrees to hear the case due the fact that it does not want to appear partial to the concerns of the
           Department of Justice and the president’s administration.
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_____ 4)   The Court is more inclined to take a case when the federal issue in question has produced conflicting
           interpretations of constitutional or federal law by the federal appeals courts. The Court also seems
           more inclined to grant certiorari for cases that prompt large numbers of interest groups to submit
           amicus curiae legal briefs on behalf of either the petitioners or the respondents.
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_____ 5)   After the Court reviews the legal briefs submitted on behalf of each side, oral arguments are made
           to the Court by attorneys representing the petitioner and respondent. The oral arguments are limited
           to 30 minutes per side and most of that time is spent answering questions posed by the justices.
           Notably, oral arguments are the only phase in deciding a case that the public witnesses.
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                                                                                                            (OVER)
_____ 6)   After listening to oral arguments, the Supreme Court justices retreat to their private chambers and
           vote anonymously in favor of one side or the other. No justice confers with or sees the other justices
           prior to voting, ensuring that the decision-making process is unbiased and without outside influence.

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_____ 7)   Regardless of whether the justices are part of the majority or minority side of a vote, they must
           explain the judgment on a case to the nation. If the chief justice is in the majority, he always drafts
           the majority opinion, while the most senior justice in the minority writes the dissent. Concurring
           opinions can be written by anyone who votes with the majority. Upon reading the final drafts of
           these opinions, the other justices may change their votes, altering the judgment.

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_____ 8)   When justices rely on the explicit meaning of the clauses in the Constitution and rely on the intent of
           the Framers to guide their decision-making, they act as loose constructionists and typically endorse
           the judicial philosophy of judicial activism, which maintains that legislators, not judges, should
           make laws and public policy. Judicial restraint is a competing judicial philosophy and maintains
           that judges should use their power to promote their preferred social and political goals, especially
           when dealing with civil rights and civil liberties.

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_____ 9)   The Supreme Court is not accountable to the electorate, nevertheless, it does not act like a renegade
           branch of government. Studies reveal that the Supreme Court decisions typically reflect public
           opinion in times of social and economic crisis. Conversely, when the Court initially rules on
           controversial issues like abortion, the public generally agrees with the Court’s ruling and expresses
           confidence in Supreme Court’s ability to adjudicate fairly and legally.
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_____ 10) Judicial implementation refers to the process by which a judicial decision becomes a public policy
          that affects more than the parties involved in a particular lawsuit. In Brown v. Board of Education
          (1954), the resistance of southern governors such as Orval Faubus to integrate Arkansas’s public
          schools reflected the fact that both the implementing population and consumer population in
          Arkansas did not follow Court policy.
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