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memorize.ai (lvl 286)

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Section 1

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In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found where?

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Last updated

7 years ago

Date created

Mar 1, 2020

Cards (47)

Section 1

(47 cards)

In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found where?

Front

in the printed "briefs" submitted to the Court

Back

What was the principle that the Supreme Court used in overturning Fulton's monopoly on a New York steamboat operation?

Front

Federal law stumps state laws

Back

Why did the Founders expect that judicial review would be relatively passive?

Front

They thought that judges would be content to find and apply existing law.

Back

From what things does the power of federal courts to make policy derive?

Front

interpreting laws and the constitution, extending laws, and shaping relief

Back

Clarence Gideon managed to have his case heard before the Supreme Court by doing what?

Front

filing in forma pauperus

Back

Why did major reasons class-action suits become more common in recent years?

Front

They became financial attractive to lawyers.

Back

Identify the rulings in Marbury v. Madison that had legal and political significance.

Front

political significance - power of judicial review / legal significance - Congress cannot extend the jurisdiction of the Court

Back

What key government official is involved in the determination of whether a case should be appealed to the Supreme Court?

Front

solicitor general

Back

A case on appeal reaches the Supreme Court via a writ of what?

Front

certorirari

Back

Which case that we have studied in class is an example of a class action suit?

Front

Brown v. Board of Education of Topeka, Kansas

Back

Which courts are mandated by the U.S. Constitution?

Front

Just the supreme court

Back

Citizen X is suing his neighbor Y for ramming his $7,000 car. This case could be heard in what court?

Front

state court

Back

What does the "dual-court system" of the United States refer to?

Front

the fact that there is a federal court system and a state court system

Back

What are important reasons federal courts follow precedent?

Front

predictability in the law and the fact that equal justice requires that similar cases be decided

Back

The strongest type of Supreme Court opinion is a(n) what?

Front

unanimous opinion of the Court

Back

Under the doctrine of sovereign immunity, a citizen cannot do what?

Front

sue the government without its approval

Back

The Dred Scott case involved what legal issue?

Front

whether slaves could become citizens of the U.S

Back

From the Civil War to the 1930s, the Supreme Court was primarily occupied with what type of issues?

Front

ability to reulate business firms

Back

What are the basic differences between a constitutional court and a legislative court?

Front

Constitutional courts hear cases involving jurisdiction outlined in Article III, judges have lifetime appointments and protection of pay

Back

Amicus curiae briefs amount to a form of judicial what?

Front

lobbying

Back

How successful have attempts by Presidents Nixon, Reagan, and Bush to produce a less activist court been?

Front

somewhat successful

Back

Senate conservatives, for example, might make their approval of a Supreme Court nominee contingent on that individual's personal views about the death penalty. Such concern for a nominee's ideology is known as what kind of test?

Front

litmus test

Back

How many (approximately) federal laws that have actually been overturned by the Supreme Court?

Front

about 130

Back

The majority of cases heard by federal courts begin where?

Front

district courts

Back

California is suing Arizona over the use of the Colorado River. The case will be heard by what court?

Front

U.S Supreme court

Back

A chief justice is able to exercise his influence most effectively by doing what?

Front

guiding the debate

Back

Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of what?

Front

slavery and sectionilism

Back

What was exemplified by the 1952 steel mill seizure case?

Front

the ability of the Supreme Court to check the President

Back

How did Alexander Hamilton describe the judiciary in Federalist #78?

Front

weakest branch

Back

Politically, what type of judge is most likely to be an activist these days?

Front

liberal

Back

What is "court packing?"

Front

increasing the number of judges on a court so as to appoint a majority of judges who agree with the President

Back

When a citizen sues and wins a suit against a government official for withholding a benefit to which a citizen is entitled, it is called what kind of suit?

Front

Section 1983 suit (after 42 U.S.C. 1983)

Back

Why is it that only in the U.S. will you see intense battles over confirmation of Supreme Court judges?

Front

only in the u.s. judges play such a large policy role

Back

The Supreme Court tradition of deferring to the legislature on matters of economic regulation was established during what historical period?

Front

the 1930s - the middle of the New Deal era

Back

A diversity case is one involving what?

Front

citizens of different jurisdictions

Back

What is "fee shifting?"

Front

getting the loser to pay court costs

Back

Until the 1930s, how did the Supreme Court interpret the Fourteenth and Fifteenth Amendments?

Front

narrowly with the regards to blacks

Back

What principles were established by rulings of the Supreme Court in Marbury v. Madison and McCulloch v. Maryland?

Front

number of laws declared unconstitutional, number of times they overturned precedent (not followed stare decisis), ability to fashion remedies

Back

Justice Ruth Bader Ginsburg, for example, votes on the side of a majority of Supreme Court justices on a particular case even though her reasoning differs from the others. She may choose to express her reasons in what kind of opinion?

Front

concurring opinion or concurrence

Back

Why are presidents often disappointed by the records of their Supreme Court appointees?

Front

It's difficult to anticipate the behavior of a judge once he or she is on the Court with a lifetime appointment.

Back

The period in Supreme Court history from 1936 to the present has been marked by a concern for what?

Front

Supreme Court could declare a congressional act unconstitutional. Power granted to federal government should be construed broadly. Federal law is supreme over state law.

Back

Which courts exercise the judicial powers found in Article III of the Constitution?

Front

49. the Supreme Court and the inferior constitutional courts established by Congress

Back

Taxpayer X believes that the federal Endangered Species Act is unconstitutional. What will he have to show before his case can be heard on its merits?

Front

personal damage

Back

It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of what?

Front

senatorial courtesy

Back

A judge who holds to judicial activism believes what?

Front

judges should make law

Back

What does a President usually look for in selecting judges for the federal courts?

Front

agreement with his essential philosophy of government

Back

The behavior of Justices Holmes, Warren, Burger, and Blackman suggests what? (in relation to presidential selection of justices)

Front

judicial behavior is often hard to predict

Back