Exam 8: the Judiciary

A student suspended from a public school for wearing a T-shirt promoting drug use appeals her suspension to a federal district court on First Amendment grounds.The American Civil Liberties Union (ACLU)files a brief with the court in support of the student's appeal.In this case,the ACLU is a/an ____________________.

Which norm of judicial behavior is most closely related to the common law system in the United States?

A/an ____________________ is an individual or organization that is not party to a given case that submits a brief to a court in support of one side or another in pending litigation.

Historically,strict constructionists have tended to be ideologically ____________________,while judicial activists have tended to be ideologically ____________________.

Compare and contrast the legal,attitudinal,and strategic models of judicial behavior.Identify and explain the models.What assumptions do they make about judges' values and preferences? What implications does each set of assumptions have for how judges are understood to decide cases? Which model is,in your opinion,the most accurate representation of the behavior of judges? Explain your answer.

Which is a system of jurisprudence in which laws are interpreted according to authoritative documents created by legislatures and/or executives?

Federal courts are sometimes called upon to decide whether,in a given circumstance,it is appropriate to overturn state courts' decisions.Generally ____________________.

Why is the Supreme Court referred to as the court of last resort?

In most states,judicial elections are nonpartisan.What does this mean?

Currently,there are 13 federal ____________________,which act as intermediate courts of appeals in the federal judiciary.

Which institution must give "advice and consent" to presidential appointments to the federal judiciary under the terms of the U.S.Constitution?

What is the least democratic branch of the American national government?

Which constitutional provision establishes the federal judiciary?

Explain the importance of the Marbury v.Madison Supreme Court decision.What were the facts of the case? What legal and constitutional issues did it present? How was the case decided by the Supreme Court? Why was this result significant? How did this result relate to the long-term political development of judicial power in the United States?

The principle of stare decisis requires that judges make decisions in accordance with ____________________.

In 2004,the Supreme Court dismissed a First Amendment challenge to a California public school's leading students in the Pledge of Allegiance since the individual who filed the lawsuit was not the custodial parent of a child in the school and,therefore,was not entitled to have his complaint decided by a federal court.In essence,the case was dismissed due to the parent's lack of ____________________.

How many votes are required for the Supreme Court to grant certiorari?

Courts' ability to enforce contracts may create incentives for two parties to uphold an agreement when they otherwise would have preferred to defect.By doing so,courts prevent the contracting parties from facing a/an _________________________.

In the Fletcher v.Peck case the Supreme Court ____________________.

United States Supreme Court Justices are ____________________ for ____________________.