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POLI 2051 exam 4 Kenny questions and answers
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POLI 2051 exam 4 Kenny questions and answers
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POLI 2051 exam 4 Kenny questions andanswers
district courts - Answers -- lowest federal court
- 94 total (1 judge and 1 jury each)
- deal w/ all crime and civil cases
- stay within state lines
- have original jurisdiction
courts of appeals - Answers -- where cases go when they're appealed from district
courts
- job is to make sure there were no procedural errors in the district court, NOT to
present new evidence
- 13 courts; cases are heard by 3 judges
- appellate jurisdiction
supreme court - Answers -- highest federal court
- 8 justices and 1 chief justice
- deals w/ legal disputes involving foreign diplomats
- has original and appellate jurisdiction
- created and empowered by the Constitution
what kinds of cases does the Supreme Court have original jurisdiction over? - Answers -
- all cases affecting ambassadors, other public ministers and consuls
what authorizes the president to nominate and the senate to confirm? - Answers -
Constitution
what is a general qualification to be a federal judge? - Answers -be a lawyer
how are nominees chosen for district courts? - Answers -- senatorial courtesy applies; a
way of building good will between Congress and president
- if a vacancy opens, president asks senators from that state who they would like to see
nominated
how are nominees chosen for the courts of appeals? - Answers -delegated to deputy
attorney general
how are nominees chosen for the Supreme Court? - Answers -- president looks for
someone who shares same political philosophy, as well as certain qualities and traits
- FBI background check required
, - need approval of senate majority
what factors does the president consider when choosing a nominee? - Answers -1.
ideology
2. representational qualities (race, sex, religion, geography, etc.)
3. professional competence
what is the most common path to being a Supreme Court justice? - Answers -most likely
to be appeals or district court judges
how does the Supreme Court decide cases? - Answers -1. selecting cases using the
rule of four
2. deciding the merits
3. assigning the majority opinion
4. writing opinions
rule of four - Answers -- losing party in lower court asks supreme court to hear its case
- if 4/9 of the justices agree, they submit a "writ of certiorari" requesting the lower courts
to send them a copy of the case
- it is then put on the schedule
writ of certiorari - Answers -permission granted by a higher court to allow a losing party
to bring the cause before it for ruling
precedent - Answers -a judicial decision that serves as a rule for settling subsequent
cases of a similar nature
how long is a term for federal judges? - Answers -life; serve until death or voluntarily
retire (rare)
judicial review - Answers -- the power of the courts to decide whether a governmental
institution has acted within its constitutional powers
- if it hasn't, then to declare its action null or void
judicial activism - Answers -judges should actively interpret the constitution, statutes,
and precedents in light of fundamental principles and should intervene when others fail
to do so
judicial restraint - Answers -policy decisions should be decided by elected lawmakers
and not by appointed judges
citizens united decision - Answers -- in deciding that corporations and unions could
spend freely on election campaigns, the Court overturned congressional action, thus
substituting its judgment for that of elected officials
- the ruling also overturned precedent
- in earlier cases, the Court had held that Congress could regulate election spending
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