Exam 8: The Judiciary

The Supreme Court decision in Citizens United v. FEC ruled that the _____________.

Which model of judicial behavior reflects the idea that judges decide cases primarily on the basis of their personal policy preferences?

By providing and enforcing an authoritative interpretation of the Constitution and federal laws, the federal courts help resolve ________ that arise when lower-level governments act under different interpretations of the law.

Which is an opinion written by a member of the Supreme Court offering legal reasons why the Court's majority erred in its resolution of a case?

In Fletcher v. Peck, the Supreme Court ________.

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

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 ________ model of judicial behavior.

________ cases involve the government prosecuting a person for a crime against society, while ________ cases involve one person suing another person for violating the civil code of conduct.

What provision(s) of the U.S. Constitution establish and empower the federal judiciary? What important institutions and grants of authority are explicitly defined in the Constitution? What aspects or practices of federal judicial power are not explicitly supported by the Constitution's text? To what extent is the practice of judicial power in the United States consistent with the intents of the Constitution's framers?

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 ________.

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

________ is the authority of courts to decide whether a law or government action is constitutionally permissible.

Article VI of the Constitution declares that all laws of the United States, and the Constitution itself, shall be "the ________ Law of the Land."

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

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

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 ________.

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

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

The pattern of partisan voting among Supreme Court justices in the case of Bush v. Gore-with the Democratic justices supporting Gore's position and the Republican justices supporting Bush's-is most consistent with the ________ model of judicial behavior.

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