Exam 8: the Judiciary

The courts are centrally important in democratic societies.The U.S.Constitution ____________________.

A Supreme Court justice who votes strategically to join a majority to control the opinion assignment process for a given case is acting in accord with the ____________________ of judicial behavior.

A distinctive feature of state courts in the United States,which sets them apart from the federal courts and from most courts around the world,is ____________________.

Which is a lawsuit in which the plaintiff is a group of individuals pressing a common claim?

Article VI of the Constitution declares that all laws of the United States,and the Constitution itself,shall be ____________________.

In the Marbury v.Madison case the Supreme Court ____________________.

Suppose Bob agrees to sell his car to Mary for $5,000.They draw up a contract stating that Mary will pay Bob the money on May 1 and that Bob will give the car to Mary on May 2.In the absence of a court of law,Bob might be tempted to "defect" from the agreement by taking Mary's money and then denying her possession of the car.A court,however,enables Mary to sue Bob if he does not honor his obligations under the contract.The relationship between Bob and Mary is a type of ____________________.

In the Escola v.Coca-Cola Bottling Co.(1944)California Supreme Court case,Justice Roger Traynor was a member of the majority,but wrote an opinion arguing that rather than deciding the case on grounds of negligence,a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers.This is an example of a ____________________.

Each state has its own hierarchy of courts.At the bottom level are ____________________.In the middle are ____________________.And at the top of the hierarchy are the ____________________.

Which model of judicial behavior reflects the idea that judges decide cases based on their strategic assessments of the likely behavior of other judges,political institutions,and the public?

In the early twentieth century,Justice Oliver Wendell Holmes wrote several historic ____________________ in which he disagreed with the majority,laying the groundwork for expanding freedom of speech in later Court majority decisions.

Which institution determines which cases will be heard by the Supreme Court?

Which legal philosophy prescribes that judges should use the intentions of those who wrote the law or the Constitution as guides for how to interpret the law?

The standard of proof in a criminal case at any level,except for military tribunals,is ____________________.

The Supreme Court has an aura of invincibility and independence,of being "above" politics,because ____________________.

Which is an opinion written by a member of the majority of the Supreme Court in a given case that offers alternative legal reasoning for reaching the same result in the case?

Which is a system of jurisprudence in which courts have the authority to determine how laws are interpreted?

Chief Justice John Roberts commented that a judge's job is like that of a baseball umpire who calls balls and strikes-that is,to decide neutrally based on how one sees the facts.This is an example of the ____________________ model of judicial behavior.

Which model of judicial behavior reflects the idea that judges decide cases based on the objective application of legal rules to the facts presented to the court?

Nearly all felonies,such as murder,rape,robbery,burglary,and car theft are prosecuted at the ____________________ level.Felonies related to drug offenses have increasingly been heard by ____________________ courts.