Kenny- POLI 2051 Exam 4 Questions & Answers

Citizens United decision - ANSWERSallowed corporate and union spending in federal elections. AnswerDistrict Courts - ANSWERS- lowest federal court - 94 total (1 judge and 1 jury each) - deal w/ all crime and civil cases - stay within state lines - have original jurisdiction Answercourts of appeals - ANSWERS- where cases go when they're appealed from district court - job is to make sure there were no procedural errors in the district court, NOT to present new evidence - 13 courts; cases are heard by 3 judges - appellate jurisdiction AnswerSupreme Court Justices - ANSWERS8 Justices/ 1 Supreme Justice- 9 total Answerwhich courts have original jurisdiction and which courts have appellate jurisdiction? - ANSWERSdistrict courts- original courts of appeal- appellate supreme court- original and appellate AnswerWhat court does the Constitution create and empower? - ANSWERS- Supreme court AnswerHow are judges selected? - ANSWERS- 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. - General requirement is to be a lawyer AnswerHow is a Judge selected in District Courts? - senatorial courtesy applies - ANSWERSif a vacancy opens, president asks senators from that state who they would like to see nominated Answersenatorial courtesy - ANSWERSa custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state. AnswerHow is a Judge selected in Court of Appeals? - ANSWERSdelegated to deputy attorney general AnswerHow is a judge selected in Supreme Court? - ANSWERS- president looks for someone who shares same political philosophy, as well as certain qualities and traits - FBI background check required - need approval of senate majority Answerlegal or constitutional requirements for federal judges - ANSWERSthere aren't any AnswerWhat factors do Presidents consider when making nominations? - ANSWERSIdeology, Representational Qualities (race, sex, religion, geography, etc.), Professional Competence AnswerHow Supreme Court decides a case - ANSWERS1. selecting cases using the rule of four o losing party in lower court asks supreme court to hear its case o if 4/9 of the justices agree, they submit a "writ of certiorari" requesting the lower courts to send them a copy of the case o it is then put on the schedule 2. deciding the merits o merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias 3. assigning the majority opinion o a court opinion that results when a majority of the justices is in agreement on the legal basis of the decision. 4.Writing opinions AnswerMajority opinions - ANSWERSA court opinion that results when a majority of the justices is in agreement on the legal basis of the decision AnswerConcurring - ANSWERSA separate opinion written by a justice who votes w/ the majority but disagrees w/ the reasoning AnswerDissenting opinions - ANSWERSthe opinion of a justice that explains his or her reasons for disagreeing w/ the majority's decision AnswerWrit of certiorari - ANSWERSpermission granted by a higher court to allow a losing party to bring the cause before it for ruling AnswerPrecedent - ANSWERSA judicial decision that serves as a rule for settling subsequent cases of a similar nature AnswerLength of term for federal judges - ANSWERSlife: serve until death or voluntarily retire (rare) AnswerJudicial Review - ANSWERS- the power of the courts to decide whether a governmental institution has acted within its constitutional powers - if it hasn't, then to declare its action null or void AnswerJudicial Activism - ANSWERSJudges should actively interpret the constitution, statutes, and precedents in light of fundamental principles and should intervene when others fail to do so AnswerJudicial Restraint - ANSWERSPolicy decisions should be decided by elected lawmakers and not by appointed judges AnswerCivil liberties - ANSWERSFreedoms guaranteed to the individual - they take the form of negative restraints on government. Examples: freedom of speech, press, assembly, religion, etc AnswerCivil rights - ANSWERSThey declare what the government must do or provide. Examples: right to vote, right to a jury trial, housing and employment have been included more recently. AnswerThe First Amendment - ANSWERSGuarantees freedoms concerning religion, expression, assembly, and the right to petition AnswerNational Bill of Rights had very little meaning initially. How did the 14th amendment change this? - ANSWERSGranted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens "equal protection of the laws."