AP / DC Government Chapter 16 Review – Federal Courts Edwards Text Terms to Know Standing Class Action Justiciable Appellate Jurisdiction Amicus curiae Senatorial Courtesy Solicitor General Senatorial Courtesy Precedent stare decisis habeas corpus Writ of certiorari Opinion Concurring Opinion Dissenting Opinion Strict Interpretation Loose Interpretation Original Intent Judicial Review Warren Court Burger Court Rehnquist Court Roberts Court Judicial Activism Marshall Court Amicus Curiae Criminal Law Constitutional Courts Judicial Activism Judicial Restraint Confirmation Rule of Four American Bar Association Cases and People to Know Plessy v. Ferguson Brown v. Board of Education of Topeka Marbury v. Madison United States v. Nixon Thurgood Marshall Sandra Day O’Connor Sonia Sotomayor John G. Roberts, Jr. John Marshall Gibbons v. Ogden McCulloch v. Maryland Roe v. Wade Miranda v. Arizona Regents of the University of California v. Bakke Review 1. Process for selecting a case to be heard by the Supreme Court – describe a. Petition for writ b. Review by clerks c. Conference d. Rule of Four e. Vote f. Grant writ of certiorari AP / DC Government Chapter 16 Review – Federal Courts Edwards Text 2. Process for deciding cases by Supreme Court – describe a. Grant writ of certiorari b. Briefs and amicus curiae c. Oral Arguments d. Conference e. Vote f. Assign Opinion g. Consensus Building h. Release Opinion / Concurring Opinions / Dissenting Opinion 3. How many Federal Courts of Appeal and Federal District Courts are there currently? 4. How many justices serve on the Supreme Court? What is the gender and ethnic breakdown of the current Supreme Court? 5. Who is currently the swing vote on the Court? Which judges make up the liberal bloc? The conservative bloc? 6. Firsts – who was the first woman on the Court? African American? Latino? 7. What are the two groups or individuals who are litigants in a trial? 8. What are the two types of law practiced in the federal court system in the United States? What is the difference? 9. What is the term for a federal judge serving in one of the constitutional courts? 10. In what part of the Constitution is the power of the federal courts found? 11. What law created the basic structure for the federal court system? 12. What is the significance of standing in a court case? 13. In what ways is the population of attorneys in the US different from the general population? 14. What interest group has one of the most successful records when it comes to successfully litigating court cases before the Supreme Court; primarily in the area of civil rights? 15. In what areas does the Supreme Court hold original jurisdiction? 16. What is the difference between original jurisdiction and appellate jurisdiction? 17. Approximately what percentage of cases that file for a writ of certiorari with the Supreme Court receive the writ? How many does this approximately work out to per year? 18. Texas is a part of which federal circuit court of appeals? Where is it located? 19. Which circuit court of appeals is known as the most liberal court? 20. Which circuit court of appeals is considered to be a training ground for judges who aspire to be members of the Supreme Court? 21. Who is the current Chief Justice of the US Supreme Court? 22. What are the benefits of the US Supreme Court? 23. What are the only ways in which the Supreme Court will hear cases from state courts? 24. What is senatorial courtesy? How does it differ between appointees to the district courts and the courts of appeals? Does this apply to Supreme Court nominees? 25. What role do clerks play in justices selecting cases to grant certiorari? 26. What is the number one priority of presidents when selecting nominees for the Supreme Court and lower courts? 27. In what situations might the confirmation of a Supreme Court nominee be endangered? AP / DC Government Chapter 16 Review – Federal Courts Edwards Text 28. What role does the Senate Judiciary Committee play in appointment of federal judges? What is the role of the Senate? 29. Until 2010, which president had appointed a majority of members of the Supreme Court? 30. Who does the president primarily rely on to screen the list of potential nominees for the Supreme Court and lower federal courts? 31. How many nominations of there been to the Supreme Court? How many justices? How many failed nominations? 32. What percentage of nominations to the Supreme Court normally fail? 33. What role does the American Bar Association play in the nomination process for justices to the Supreme Court? 34. What kinds of political factors influence the president’s appointments to the judiciary? 35. How many of the justices of the Supreme Court have been white men? 36. What are the religions of the current US Supreme Court justices? What is significant about this? 37. What is significant about the “rule of four” when deciding to grant a writ of certiorari? 38. How did President Franklin Roosevelt try to manipulate the Court during his presidency? What constitutional concerns did this raise? 39. In what way does it appear that members of the federal bench also play the game of politics with appointments? 40. Which president’s (after Franklin Roosevelt) appointments turned the Supreme Court in a more conservative direction from which it has yet to move? 41. How did the Harvard Law Review characterize judicial decision making? 42. What role does the solicitor general play in the court process and what is their relationship with the Supreme Court? 43. What is the role of precedent and stare decisis in making decisions on cases? 44. In what ways may dissenting opinions be often considered blue prints? 45. What are the major characteristics of the Marshall Court, Warren Court, Berger Court, and the Rehnquist Court? 46. What are “political questions” and why are they avoided by the courts? 47. Explain the difference between judicial restraint and judicial activism? Can both liberals and conservatives be advocates of judicial activism? 48. Explain the difference between “loose constructionism” and “strict constructionism”.