chp 16 qs

8/10/2019 chp 16 qs

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Written Homework:

1. Explain the diference between criminal law and civil law.Civil law protects individuals against one another, specifying their rights

and duties while criminal law ensures that every citizen knows the boundaries ofacceptable conduct in the US.2. List three regular participants in the udicial s!stem other than udges.

1) litigants plaiti!"charging), defendent"being charged)#) $ury representing avg person "1# people), they decide the outcome%)attorneys 1. prosecuting&reps plainti! #. defense attorney&reps defendent')audience interest groups that support one side or the other, dont have tobe physically present

". What are usticiable disputes#something that has to be settled by legal methods( can be settled by a law,

constitution$. What are the diferences between constitutional courts and legislativecourts#

constitutional court is one e*ercising the $udicial powers found in rticle +++

of the constitution, and therefore its $udges are given constitutional protectionthey may not be red nor may their salaries be reduced while they are in o-ce. legislative court is one set up by Congress for some specialized purposeand sta!ed with people who have *ed terms of o-ce and can be removed orhave their salaries reduced.%. &omplete the 'ollowing table on the structure o' the 'ederal udicials!stem.

&ourt (umber o' &ourts

(umber o' )udges

)urisdiction *olic!+mplementation

,upreme&ourt&ourt o'-ppealsistrict&ourts

/. What is the role o' a 0.,. attorne!#prosecute violations of federal law and represent the u.s. government in

civil cases

. Explain the practice o' senatorial courtes!.unwritten tradition where nominations for state level federal $udicial postsare not conrmed if they are opposed by the senator from the state in which thenominee will serve. (ame three conditions under which nominations to the ,upreme&ourt are more likel! to run into trouble.

1)pres has minority party in senate#)something uestionable about nominee%)if the pres/s nomination is put in at end of term and has not been re&

elected3. *resent a demographic pro4le o' the 5t!pical5 'ederal udge.

8/10/2019 chp 16 qs


white male, 0/s&2/s, protestant, previously a lawyer, $udge16. List six criteria that have been important in choosing ,upreme &ourt ustices over the !ears.

1) political ideology#) party and personal loyalties%)acceptability to the senate')$udicial e*perience0) race and gender

2)litmus test "ideological purity) what would you do if...11. What are the 'our ke! 'unctions o' the solicitor general#

1) to decide to appeal cases the gov has lost in lower courts#) to review and modify briefs presented in gov appeals%) to represent gov at supreme court') to submit a brief on behalf of a litigant in a case where the gov isnt

directly involved12. What are the 'unctions o' amicus curiae brie's#

legal briefs given by friend of the court to bring up more points of view and

in3uence court/s decision1". What are the diferences between a maorit! opinion7 a dissentingopinion7 and aconcurring opinion#

8aorit! opinion: if the chief $ustice is in ma$ority, chief $ustice writes whythey are right

issenting opinion: written by $ustices opposed to ma$ority/s decision&oncurring opinion: written to support a ma$ority decision "$ust another

reason the chief $ustice has)1$. What is the diference between stare decisis and precedent#

Stare decisis 4let the decision stand4 , most cases reaching appellatecourts and settled on this

5recedent how similar cases have been decided in the past "cases thatback up your case)1%. List and explain the three elements o' udicial implementationaccording to &harles )ohnson and 9radle! &anon.

1)interpreting population #) implementing population %)consumerpopulation1/. Explain the principle o' udicial review.

the power of the courts to determine whether acts of congress or e*ecutiveare in accord with u.s. constitution1. &omplete the 'ollowing table on public polic! and the ,upreme&ourt.&ourt 9asic

+deolog! )udicialestraint

)udicial-ctivism

;e! &ases

Warren&ourt9urger&ourt

ehn<uist &ourt

8/10/2019 chp 16 qs


1. +n what wa!s might it be said that courts are not a ver! democraticinstitution#

+n some ways, the courts are not a very democratic institution, but the

courts are not entirely independent of popular preferences and are not as

insulated from the normal forms of politics as one might think. Courts can also

promote pluralism. 6hen groups go to court, they use litigation to achieve their

policy ob$ectives.

13. Explain the diference between udicial activism and udicialrestraint.

7udicial activism $udges make bold policy decisions, even charting newconstitutional ground

7udicial restraint $udges play minimal policymaking roles, leaving thatstrictly to legislatures

chp 16 qs

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