Question 1

The federal government and most of the states operate under a system of common law.Define this term as well as the notion of precedent.What role does precedent play in judicial decision making? And,most importantly,how does this type of system create opportunities for the judicial system to be a political institution?

Accepted Answer

The answer of The federal government and most of the...

Question 2

The strategic model of Supreme Court decision making emphasizes:

Accepted Answer

The strategic model of Supreme Court decision making emphasizes how the justices account for the views of other justices when deciding how to act, rather than focusing solely on their individual political views or interpreting the Constitution to fit their ideologies. This model recognizes that the Court is made up of multiple individuals with differing views and requires them to strategically work together in order to make decisions.

Question 3

When the Supreme Court waited two years to issue its opinion in Brown v.Board of Education,it demonstrated:

Accepted Answer

The Supreme Court's delay in issuing its opinion in Brown v. Board of Education was largely attributed to the Court's awareness of the potential backlash and resistance that its decision could provoke from the public and political actors. The Court was keenly sensitive to the contentious and volatile nature of the issue of racial segregation in schools, and it sought to carefully consider the legal and social ramifications of its ruling before issuing it. Thus, the delay in the decision was a reflection of the Court's concern for the public perception and acceptance of its verdict, rather than an indicator of its lack of power or resources. The attitudinal model of decision making may have played a role in shaping the individual justices' views on the case, but it is not directly related to the Court's delay in issuing its opinion.

Question 4

While a strict constructionist takes a(n)________ view of the Constitution,a justice who believes in ________ focuses on the perspective of the Founders at the time that they wrote the Constitution.

Accepted Answer

A strict constructionist interprets the Constitution literally, while a justice who believes in original intent focuses on understanding the intentions of the Founders at the time they wrote the Constitution. This is why option D, "literal; original intent," is the best choice. Options A and B are incorrect because they both reference the "living" Constitution, which is a theory that the Constitution should be interpreted in light of changing times and values, rather than as it was originally intended. Option C is almost correct, but leaves out the important aspect of original intent. Option E is somewhat redundant, as originalism and literalism are closely related ideas.

Question 5

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact do you think this has on the role of the Supreme Court in our political system?

Accepted Answer

The answer of What criteria are used to determine when...

Question 6

Marbury v.Madison (1803)is widely believed to be the most important Supreme Court case in American history.What was this case about? Why is it that no matter which specific party won,Chief Justice John Marshall would lose? How did he turn it to his advantage? Why does that make it the most important case in American history?

Accepted Answer

The answer of Marbury v.Madison (1803)is widely believed to be...

Question 7

Outline the structure of the federal judicial system.How many different levels of courts are there? How are they structured so that they cover the entire nation? What types of cases are encountered at each level? Which ones do the most work?

Accepted Answer

The answer of Outline the structure of the federal judicial...

Question 8

Describe the process of appealing a case to the Supreme Court up to the point when the Court issues a majority opinion.Explain each step carefully and accurately,identifying important rules that the Supreme Court follows and noting the important actors.

Accepted Answer

The answer of Describe the process of appealing a case...

Question 9

Which of the following is a common criticism of strict constructionism?

Accepted Answer

The answer of Which of the following is a common...

Question 10

How involved do you think the Supreme Court should be in protecting minority rights? First compare and contrast judicial activism and judicial restraint.Then,drawing on your knowledge of American government,justify your position.

Accepted Answer

The answer of How involved do you think the Supreme...

Question 11

When the Supreme Court refuses to take actions that are outside of the judicial domain,they are avoiding what are known as:

Accepted Answer

The concept of political questions refers to issues that are more appropriate for the political branches of government to address, rather than the courts. Examples of political questions include questions of foreign policy, impeachment proceedings, and partisan gerrymandering. The Supreme Court typically avoids taking actions on such issues, allowing them to be resolved through the political process instead.

Question 12

An opinion written by a Supreme Court Justice who disagrees with the outcome of a case is called a:

Accepted Answer

A dissenting opinion is written by a Supreme Court Justice who disagrees with the outcome of a case. A concurring opinion is written by a Justice who agrees with the outcome but for different reasons, and a plurality opinion is written by a group of Justices who agree on the outcome but not on the reasoning. A per curiam opinion is a unanimous decision by the Court that does not identify any individual Justice as the author. Voir dire is the process of questioning potential jurors in a trial.

Question 13

To what extent does the Supreme Court influence the behavior of the other branches of government? To what degree do those branches constrain the behavior of the Supreme Court? Which side do you think is more powerful: The Court or the elected branches of government? Explain your answer.

Accepted Answer

The answer of To what extent does the Supreme Court...

Question 14

The most direct action the Supreme Court can take to gain compliance with its decisions is to:

Accepted Answer

Issuing narrowly written opinions on visible cases is the most direct action the Supreme Court can take to gain compliance with its decisions. By providing clear guidance on how the decision applies to the specific case, the Court can force the parties to comply with the ruling. This approach also limits the potential for political backlash or resistance from other actors who may view the decision as infringing on their authority or interests. The other options listed are either impractical, ineffective, or unconstitutional.

Question 15

Which of the following describes the view that Supreme Court justices must be active in protecting minority rights,even when it creates conflict with the other branches of government?

Accepted Answer

The view described is that of judicial activism, which advocates for Supreme Court justices to take an active role in protecting minority rights even when it may cause conflict with other branches of government. Strict constructionism, the strategic model, the attitudinal approach, and the affirmative action model do not necessarily prioritize minority rights in the same way that judicial activism does.

Question 16

When Justice Elena Kagan replaced Justice John Paul Stevens:

Accepted Answer

Justice Elena Kagan replaced Justice John Paul Stevens, who was also considered a liberal justice. Therefore, her appointment did not significantly shift the Court's ideological balance. Moreover, Justice Anthony Kennedy remained the median voter on the Court.

Question 17

Any unsigned opinion submitted by the entire Supreme Court is called a:

Accepted Answer

An unsigned opinion submitted by the entire Supreme Court is called a per curiam opinion.

Question 18

What is the role of partisanship and politics in nominations to the federal judiciary? Does knowing a judge's partisanship tell us very much about how the judge will behave on the bench? Use appropriate examples from the text to illustrate your answers.Do you think the process is too political? Explain your answer.

Accepted Answer

The answer of What is the role of partisanship and...

Question 19

What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process,what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

Accepted Answer

The answer of What legal and political factors influence the...

Question 20

Although many politicians and citizens are skeptical of judicial activism,these concerns are overstated because:

Accepted Answer

While the power of the Court may be limited, it still has the ability to shape national policy through its decisions. However, the specific actions of the Court are often a point of contention for both liberals and conservatives, highlighting the subjective nature of concerns about judicial activism. It is also important to note that judicial activism has had some significant effects on American society, such as the Brown v. Board of Education decision. Finally, the idea that judicial activism has been thoroughly discredited or that a new president can always replace federal judges is not accurate.

Quiz 12: The Courts

The strategic model of Supreme Court decision making emphasizes:

When the Supreme Court waited two years to issue its opinion in Brown v.Board of Education,it demonstrated:

While a strict constructionist takes a(n) view of the Constitution,a justice who believes in focuses on the perspective of the Founders at the time that they wrote the Constitution.

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact do you think this has on the role of the Supreme Court in our political system?

Outline the structure of the federal judicial system.How many different levels of courts are there? How are they structured so that they cover the entire nation? What types of cases are encountered at each level? Which ones do the most work?

Describe the process of appealing a case to the Supreme Court up to the point when the Court issues a majority opinion.Explain each step carefully and accurately,identifying important rules that the Supreme Court follows and noting the important actors.

Which of the following is a common criticism of strict constructionism?

How involved do you think the Supreme Court should be in protecting minority rights? First compare and contrast judicial activism and judicial restraint.Then,drawing on your knowledge of American government,justify your position.

When the Supreme Court refuses to take actions that are outside of the judicial domain,they are avoiding what are known as:

An opinion written by a Supreme Court Justice who disagrees with the outcome of a case is called a:

To what extent does the Supreme Court influence the behavior of the other branches of government? To what degree do those branches constrain the behavior of the Supreme Court? Which side do you think is more powerful: The Court or the elected branches of government? Explain your answer.

The most direct action the Supreme Court can take to gain compliance with its decisions is to:

Which of the following describes the view that Supreme Court justices must be active in protecting minority rights,even when it creates conflict with the other branches of government?

When Justice Elena Kagan replaced Justice John Paul Stevens:

Any unsigned opinion submitted by the entire Supreme Court is called a:

What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process,what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

Although many politicians and citizens are skeptical of judicial activism,these concerns are overstated because:

Quiz 12: The Courts

The strategic model of Supreme Court decision making emphasizes:

When the Supreme Court waited two years to issue its opinion in Brown v.Board of Education,it demonstrated:

While a strict constructionist takes a(n) ________ view of the Constitution,a justice who believes in ________ focuses on the perspective of the Founders at the time that they wrote the Constitution.

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact do you think this has on the role of the Supreme Court in our political system?

Outline the structure of the federal judicial system.How many different levels of courts are there? How are they structured so that they cover the entire nation? What types of cases are encountered at each level? Which ones do the most work?

Describe the process of appealing a case to the Supreme Court up to the point when the Court issues a majority opinion.Explain each step carefully and accurately,identifying important rules that the Supreme Court follows and noting the important actors.

Which of the following is a common criticism of strict constructionism?

How involved do you think the Supreme Court should be in protecting minority rights? First compare and contrast judicial activism and judicial restraint.Then,drawing on your knowledge of American government,justify your position.

When the Supreme Court refuses to take actions that are outside of the judicial domain,they are avoiding what are known as:

An opinion written by a Supreme Court Justice who disagrees with the outcome of a case is called a:

To what extent does the Supreme Court influence the behavior of the other branches of government? To what degree do those branches constrain the behavior of the Supreme Court? Which side do you think is more powerful: The Court or the elected branches of government? Explain your answer.

The most direct action the Supreme Court can take to gain compliance with its decisions is to:

Which of the following describes the view that Supreme Court justices must be active in protecting minority rights,even when it creates conflict with the other branches of government?

When Justice Elena Kagan replaced Justice John Paul Stevens:

Any unsigned opinion submitted by the entire Supreme Court is called a:

What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process,what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

Although many politicians and citizens are skeptical of judicial activism,these concerns are overstated because:

While a strict constructionist takes a(n) view of the Constitution,a justice who believes in focuses on the perspective of the Founders at the time that they wrote the Constitution.