Key Supreme Court Decisions and Constitutional Principles, Exams of Advanced Education

Download Key Supreme Court Decisions and Constitutional Principles and more Exams Advanced Education in PDF only on Docsity! POLI 2051 Kenny Final Exam With 100% Correct And Verified Answers 2024 What is the MOST common method in the states for the selection of judges? - Correct Answer-election to office The U.S. courts of appeals - Correct Answer-review trial court decisions Of the following Supreme Court justices, which has been the MOST conservative? - Correct Answer-Clarence Thomas In its ruling in Citizens United v. Federal Election Commission, the Supreme Court - Correct Answer-lifted restrictions n corporate and union spending in federal election campaigns With regard to public opinion, the Supreme Court - Correct Answer-attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions How long do federal judges serve? - Correct Answer-until they retire, die, or are removed through the impeachment and conviction process A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a - Correct Answer-precedent The Supreme Court decision in Marbury v. Madison is significant - Correct Answer-for the establishment of judicial review A concurring opinion - Correct Answer-is a separate view written by a justice who votes with the majority but disagrees with its reasoning The appointment of federal judges is influenced MOST substantially by - Correct Answer-partisanship In most instances, - Correct Answer-both criminal and civil cases are tried in state courts criminal and civil cases are tried in - Correct Answer-state courts The lowest level of the federal court system is the - Correct Answer-district court The Supreme Court is MOST likely to grant ________ when the U.S. government— through the solicitor general—requests it. - Correct Answer-certiorari What is certiorari? - Correct Answer-a writ or order by which a higher court reviews a decision of a lower court Which legal doctrine holds that in nearly every instance, policy issues should be decided by elected lawmakers and not by appointed judges? - Correct Answer-judicial restraint The Supreme Court is likely to grant a hearing when a case involves - Correct Answer- an issue that is being decided inconsistency by the lower federal courts The inclusion of certain provisions of the Bill of Rights through the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called - Correct Answer-selective incorporation Which state has the highest incarceration rate? - Correct Answer-Louisiana The right to privacy was instrumental in which decision? - Correct Answer-roe vs wade roe vs wade - Correct Answer-claims that laws against abortions are unconstitutional; made abortion exceptions at states discretion Gideon v. Wainwright required the states to - Correct Answer-furnish attorneys for poor defendants in felony cases "You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called the - Correct Answer-miranda warning In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the ________ test. - Correct Answer-imminent lawless action Voluntary school prayer in the public schools was ruled unconstitutional in - Correct Answer-engel vs Vitale (1962) The Miranda warning was strengthened by the Supreme Court in 2004 in - Correct Answer-Missouri v. Siebert The inevitable discovery exception - Correct Answer-allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence. Which constitutional amendment protects the individual against self-incrimination? - Correct Answer-5th amendment Like all other rights, the right of free expression is - Correct Answer-not absolute courts of appeals - Correct Answer-circuit courts 1. Feeding point for supreme court 2. Where almost all of the supreme court justices come from 3. A panel of 3 judges, no jury, no trial 4. Make sure the procedure in district court was fair supreme court - Correct Answer-the highest federal court in the United States 1. 1% of cases 2. Different rulings on the courts of appeals decisions how judges are selected - Correct Answer-The Constitution authorizes the President to nominate and the Senate to confirm. The process is the same for all federal judges. The way the nominee is chosen differs according to the level of federal court involved. There are no legal or constitutional requirements. A general qualification is that the nominee be a lawyer. how judges are selected in district court - Correct Answer-senatorial courtesy applies - completely within one state how judges are selected in court of appeals - Correct Answer-only 14 of these, may have 3 or 4 states in selecting judges, presidents consider factors such as - Correct Answer-Ideology - compatible Representational Qualities Race Sex Religion Ethnicity Geography Professional Competence what happens when a nominee for a judge is selected - Correct Answer-FBI does a background check Rating of the nominee by the ABA Nominee's name is formally submitted to the Senate Judiciary Committee After testimony, Judiciary Committee votes on the nominee how the supreme court decides a case - Correct Answer-Selecting cases - the rule of four Deciding the merits Assigning the majority opinion Writing opinions - concurring and dissenting opinions. civil liberties (reflect our bill of rights) - Correct Answer-freedoms guaranteed to the individual. They take the for of negative restraints on government. (ex.) freedom of speech, press, assembly, religion, etc. civil rights - Correct Answer-declare what government must do or provide. It is generally a claim upon state action, usually asserted by a group, usually the "have nots" in society. (ex) right to vote, right to a jury trial, housing and employment have been included more recently limiting action of national government - Correct Answer-Bill of rights was initially seen as most state constitutions - Correct Answer-contained their own guarantees of rights and liberties, and these Constitutions were interpreted in state courts. The result was that people had some protection against unwarranted governmental intrusions into individual liberty, but there was no uniformity in how these liberties were protected by different states. If you felt your state was wrong, as Mrs. Barron did, you could try to change things politically in your state by voting. 14th amendment - Correct Answer-It was one of the civil war amendments designed to protect the rights of newly emancipated blacks. GITLOW V. NEW YORK How did the Bill of Rights come to be applied to actions of the state governments as well as actions of the national government? - Correct Answer-Through the due process clause of the 14th Amendment by a process called selective incorporation. It is a legal concept that has made possible national involvement in the protection of individual rights against state and local officials. It has had the effect of equalizing the rights of the people regardless of residence what is selective incorporation - Correct Answer-a legal concept that has made possible national involvement in the protection of individual rights against state and local officials. It has had the effect of equalizing the rights of the people regardless of residence federal courts of appeals - Correct Answer-cases appealed from district courts go to are the second level of federal court system - Correct Answer-U.S. court of Appeals Courts of appeals do not - Correct Answer-use juries How many courts of appeals do the United states have? - Correct Answer-13 The supreme court reviews less than ___% of the cases heard by federal appeals courts - Correct Answer-1% What court offers appellants the only real hope of reversal for their case? - Correct Answer-Courts of Appeals Supreme court - Correct Answer-the nation's highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest State courts How many members does the Supreme court have? - Correct Answer-9 Who make up the 9 members of the Supreme court? - Correct Answer-the chief of justice and 8 associate justices the chief justice presides over the Court but - Correct Answer-has the same voting power as each of the other justices a court's jurisdiction - Correct Answer-its authority to hear cases of a particular type original jurisdiction - Correct Answer-the authority to hear cases for the first time The supreme court does its most important work as - Correct Answer-an appellate court appellate jurisdiction - Correct Answer-The authority of a court to review decisions made by lower courts appellate courts do NOT retry cases; rather, - Correct Answer-they determine whether a trial court in a hearing case has applied the law properly The supreme court's appellate jurisdiction extends to cases - Correct Answer-arising under the Constitution, federal law and regulations, and treaties judicial review - Correct Answer-the power of the courts to decide whether or not a government action is constitutional and if not, to declare its actions null and void Example of judicial review in court case - Correct Answer-Marbury vs Madison Sixteenth Amendment - Correct Answer-grants the federal government the power to levy income taxes judicial activism - Correct Answer-The doctrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with precedent or the policy decisions of elected officials. judicial restraint - Correct Answer-The doctrine that the judiciary should closely follow the wording of the law, be highly respectful of precedent, and defer to the judgment of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities. Citizens United case decision - Correct Answer-5-4 split Decision made rested on 5 justices who claimed first amendment allowed for unlimited campaign spending by corporations and unions were appointed to the court by a Republican president. only have original juridiction - Correct Answer-district courts only have appellate jurisdiction - Correct Answer-Courts of Appeals has original and appellate jurisdiction - Correct Answer-Supreme Court in the Court of Appeals, - Correct Answer-Trump would askRepublican senators in the state who they want district court judge to be in the supreme court, - Correct Answer-Trump would ask for advice Initially, the idea of a national or federal Bill of rights had - Correct Answer-very little meaning Bill of Rights was seen as limiting action of the - Correct Answer-national government What seemed to change the views of the Bill of Rights - Correct Answer-14th amendment "no state shall make or abridge" Freedom of speech examples in court - Correct Answer-In two cases, in the early part f the 20th century, the supreme court moved from this "reasonableness" test to the "clear and present danger" test. Only speech that represented clear and present danger to the public safety and welfare could be regulated Ex. yelling "fire" in a movie theatre Extension of freedom of speech - Correct Answer-goes beyond just spoken words; but is generally less protected than pure speech Ex. burning the flag or draft crad limitations on free speech - Correct Answer-fighting words are not protected, nor is obscenity performances by musicians Freedom of the press examples in court - Correct Answer-In a 1964 case (NY Times v. Sullivan) the Court held that the press could say just about anything about public officials unless they could show actual malice (knowingly printed false advertisements to harm the person). This was later extended to public figures as well. This makes it difficult to sue for libel (printed or broadcast statements that are false and tarnish someone's reputation) Examples of Rights of the Accused in court - Correct Answer-The 5th amendment, for example, was originally interpreted to mean that people were not required to testify against themselves in a criminal trial. Recognizing that police sometimes use coercion or torture to obtain a confession, the Court ruled that suspects must be told their rights before they are taken into custody (Miranda v. Arizona) o The 4th and 6th amendments 4th amendment - Correct Answer-Freedom from unreasonable searches and seizures 6th amendment - Correct Answer-Right to a fair, speedy trial exclusionary rule - Correct Answer-Evidence obtained in violation of 4th Amendment is not admissible in criminal trial. (Weeks v. U.S., Mapp v. Ohio) establishment of religion - Correct Answer-know what the Lemon Test is. A three pronged test that establishes conditions a law must meet to avoid "establishing" religion. free exercise of religion - Correct Answer-Government cannot interfere with religious beliefs (freedom of religion) Burwell vs Hobby Lobby - Correct Answer-a reaction to the Affordable Care Act; court ruled in favor of Hobby Lobby - Companies are not required to include contraceptives in their employees health insurance coverage because of religious background (freedom of religion) Kim Davis - Correct Answer-Court said she didn't have to issue marriage licenses to gay couples, but her office did Right to privacy - Correct Answer-Abortion - Roe v. Wade (1973) and others. Private sexual activity - Griswold v. Connecticut (1965) The Patriot Act "uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" - Correct Answer--This act was passed in response to the events of Sept. 11, 2001. This law gives the government greater powers of surveillance with fewer checks on its actions -USA Freedom Act passed on June 2, 2015 replaced the Patriot Act. It was a modified version of the Patriot Act that put some new restrictions on the bulk collection of telecommunication data on US citizens. right to privacy - Correct Answer-the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions Most claims to civil rights are based on the - Correct Answer-"equal protection" clause of the 14th amendment Plessy v. Ferguson (1895)- "separate but equal" doctrine - Correct Answer-o Refused to give up his seat on a cable car o Determined that separate is fine as long as the facilities are of equal or comparable quality o Jim Crow laws followed the Plessy decision Brown v. Board of Education (1954) - separate is inherently unequal - Correct Answer- Extensions of the Brown decision: · Affirmative action- an attempt to promote equal opportunity o Things are moving slowly, we need to progress, action is taken