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Chapter 16 the Federal Courts document sample
Chapter 16 the Federal Courts document sample
Chapter 16 "The Federal Courts" Nature of Judicial System What happens to most cases in the judicial system? Outline the two basic kinds of cases. Define and distinguish between criminal and civil law. What does civil law consists of? Identify and outline characteristics of the common components of every case. Define: standing to sue (also known as "standing") Class action suits justiciable disputes amicus curiae Structure of the Federal Judicial System Identify what part of the federal court system was established by the Constitution and what part by Congress. Define and distinguish between constitutional and legislative courts. Define and distinguish between original and appellate jurisdiction. List basic features and jobs of the three levels of federal courts. Outline the jurisdiction of three levels of federal courts (page 511) Politics of Judicial Selection Identify ways that judges are insulated from political pressure. Be familiar with Federalist 78 and Hamilton's explanation of life tenure (in class activity) Define senatorial courtesy and explain how "the Constitution is often turned on its head." List steps taken in the process of appointing a member of a federal court and all the actors. Differentiate the president's role in appointing people to the District, Appeals, and Supreme courts. How successful are presidents in getting their selection for Supreme Court justice approved? List the conditions that are most likely to cause trouble for a nominee. Backgrounds of Judges and Justices Identify the characteristics of men and women serving in federal courts. List members of the Supreme Court that have not matched the typical characteristics of a justice. Weigh the importance of geography, party, race, gender, and ideology in the selection of judges and justices. How much control thus does a president exert over the court decisions? Courts of Policymakers What is the first step the court takes in policymaking Identify and trace the steps in selecting which cases to hear for each level of the federal court system. How many Justices does it take for the Court to grant are review of a case? What kinds of cases are most likely to be selected by the Supreme Court? Note the role of the solicitor general and list his/her key functions. Identify and trace the steps the Supreme Court takes in making a decision from receipt of briefs to the issuance of opinions. Define: opinion stare decisis precedent Identify how the Supreme Court implements its decisions. Read "The Debate over Original Intention" and be prepared to debate in class the question found at the end of the article. Differentiate between interpreting population and implementing population. The Courts and the Policy Agenda Read the historical review and become familiar with the important role John Marshal played in establishing the Court and the Court's power of judicial review. Identify the characteristic of, and differentiate between, the "Nine Old Men" Warren Court Burger Court Rehnquist Court Understanding the Courts Identify and list examples of ways the courts are influenced by forces outside of the "marble palace" How can courts promote pluralism? Compare and contrast the policies of judicial restraint and judicial activism and note if they have a connection to liberal and conservative ideologies. What is the doctrine of political questions? What is statutory construction? Chapter 16 Free response questions Answer the following questions in essay format. On the day of the exam, you will turn this in, TYPED DOUBLE-SPACED, TIMES NEW ROMAN, 12 POINT FONT. It will count towards your test grade. IF YOU DO NOT FOLLOW THE FORMAT, I WILL NOT ACCEPT IT. PLEASE, FOR YOUR SAKE, MAKE SURE THAT IT IS TYPED!!!!! 1. The Supreme Court is commonly thought to be “above politics.” However, one can argue that the appointment of Supreme Court justices is political. (a) Identify three characteristics of Supreme Court nominees and discuss how each characteristic has been politically relevant during the appointment process. (b) Identify two methods that have been used by interest groups to influence the appointment process. Explain how each of these methods has been used to influence that process. 2. Depending on the philosophy of Supreme Court justices, historically the Court has pursued a policy of judicial activism or judicial restraint. (a) Define the terms judicial activism and judicial restraint. (b) Choose two of the following areas of public policy and describe one case that can be classified as resulting from judicial activism or restraint. i. Rights of the accused ii. Affirmative action iii. School policy iv. Civil rights Make sure that you refer to specific cases and identify the chief justice presiding over the Court making the decision.
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