Kenny POLI 2051 final exam Questions & Answers

district court is the - ANSWERSLowest federal court AnswerHow many district courts are there? - ANSWERS94 AnswerHow many district courts are in each state? - ANSWERSat least 1 but there can be as many as 4 in the most populous states AnswerWhat court deals with all crime and civil cases? - ANSWERSdistrict courts Answerwhich court in the federal system has two sides present cases to a jury? - ANSWERSdistrict court Answercases at this level in the district court are usually presided by - ANSWERSa single judge Answersignificant role of district court judges is that - ANSWERSmost federal cases end with the district court's decision Answerwhere do cases appealed from district courts go? - ANSWERSCourt of Appeals AnswerCourts with original jurisdiction. - ANSWERSdistrict and court of appeals Answerappellate jurisdiction - ANSWERScourt of appeals Answerwhich court has a panel of 3 judges? - ANSWERSCourt of Appeals Answerwhat is the highest court? - ANSWERSSupreme Court Answerhow many members are in the supreme court? - ANSWERS9 (the chief justice and 8 associate justices) Answeroriginal and appellate jurisdiction - ANSWERSSupreme Court AnswerThe supreme court does its most important work as an - ANSWERSappellate court AnswerSupreme Court's Original Jurisdiction - ANSWERSlegal disputes involving foreign diplomats and cases in which the opposing parties are state governments (South Carolina vs. North Carolina) AnswerWhat court does the Constitution create and empower? - ANSWERSSupreme Court AnswerWhat authorizes the President to nominate and the Senate to confirm Supreme Court justices? - ANSWERSconstitution AnswerHow judges are selected - ANSWERS-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. Answerwhere does the senatorial courtesy apply in selecting judges? - ANSWERSDistrict Courts Answerwhich judges are delegated to deputy attorney general? - ANSWERSCourts of Appeals Answerin which court does the president seek nominees who share their political philosophies? - ANSWERSSupreme Court Answerwhich judges need to be background checked by the FBI? - ANSWERSSupreme Court Judges Answerwhich judges need majority senate approval? - ANSWERSSupreme Court judges AnswerWhat factors do Presidents consider when making nominations? - ANSWERS-Ideology -Representational Qualities (Race, Sex, Religion, Ethnicity, Geography) -Professional Competence AnswerHow the Supreme Court decides a case. - ANSWERSrule of 4 Answerwhat is the rule of four when selecting cases? - ANSWERSSupreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari AnswerDifferent opinions written by the court. - ANSWERSconcurring and dissenting opinions AnswerA request to the lower court to submit to the Supreme Court a record of the case - ANSWERSwrit of certiorari AnswerA judicial decision that serves as a rule for settling subsequent cases of a similar nature. - ANSWERSprecedent Answerhow long is a term for federal judges? - ANSWERSRetirement, death, or removal through the impeachment and conviction processes. AnswerJudicial review - ANSWERSThe power of courts to decide whether a government institution has acted within it's constitutional powers and, if not, to declare its action null and void Answerjudicial activism - ANSWERSThe 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. Answerjudicial restraint - ANSWERSThe doctrine that the judiciary should broadly defer to precedent and 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. Answercivil liberty - ANSWERSfreedoms guaranteed to the individual. Answercivil rights - ANSWERSdeclare what government must do or provide. Answerhe first 10 Amendments to the Constitution. It spells out Americans' rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion - ANSWERSBill of Rights Answer1st Amendment - ANSWERSFreedom of Religion, Speech, Press, Assembly, and Petition Answer14th Amendment - ANSWERSprotect the rights of new emancipated blacks Answerwhat's included in the bill of rights generally - ANSWERS1st ten amendments of the constitution; set of rights that the federal gov. has to protect AnswerThree constitutional revolutions - ANSWERS-The Nationalization of the Bill of rights -The expansion of Civil liberties -The development of Civil Rights AnswerThe Nationalization of the Bill of Rights - ANSWERS-Initially had very little meaning; seen as limiting action of national government, not the state government. the 14th amendment changed that. -began with Gitlow vs. New York in 1925 through the 'due process clause' of the 14th Amendment, the process was called 'selective incorporation.' AnswerThe Expansion of Civil Liberties - ANSWERSthe Courts began to move to positions that gave individuals greater liberty AnswerExamples of when the courts began to move to positions that gave individuals greater liberty - ANSWERSFreedom of speech Freedom of press Rights of the accused Freedom of religion Right to privacy Answerwhen can speech be restricted by government? - ANSWERSwhen it presents clear and present danger by the "clear and present danger test" Answer4th Amendment - ANSWERSrights of the accused -search and seizure -protected from arrest unless there is probable cause or judge warrant -protects people not places Answer5th Amendment - ANSWERSrights of the accused suspects charged with a federal crime cannot be tried unless indicted by a grand jury -self incrimination -miranda rights -double jeopardy -due process AnswerMiranda warnings - ANSWERSinclude the 5th amendment right to remain silent Answerdouble jeopardy - ANSWERScannot be tried twice for the same crime if originally proven innocent AnswerDue Process - ANSWERScannot be deprived of life or property without legal proceedings Answer6th Amendment - ANSWERSrights of the accused -counsel (right to an attorney) -prompt and reasonable proceedings Answertwo clauses of freedom of religion - ANSWERSestablishment clause and free exercise clause