Chapter 16 the Federal Courts - DOC by ybb83869


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									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.

      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
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
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
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.

      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.

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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