Judiciary and Public Policy

Most litigation considered in the federal court system begins in

• the Supreme Court

• the courts of appeals

• the district courts

• the state courts

If the Solicitor General and/or an attorney from the Justice department is presenting a case to the Supreme Court,

• a rare case is being heard, such as one in which the president or another high government officials is involved.

• it means that the US government is either prosecuting or defending the case.

• it has no special meaning, because the Justice Department always has a representative present during Supreme Court hearings.

• it almost certainly is a case of criminal law.

If an individual commits a crime that violates both state and federal law, he or she may be tried in...

• both state and federal courts

• one or the other, but not both, because of Fifth Amendment protections from double jeopardy

• state courts first, and if found guilty, then in federal courts.

• federal courts only, because federal courts have higher jurisdiction than do state courts.

The practice of trying an individual in either the state or federal court is called

• certiorari

• stare decisis

• judicial review

• dual sovereignty

What is the primary responsibility of Federal District Courts?

• to hear appeals from state courts

• to serve as courts of original jurisdiction in federal cases

• to screen cases to be heard by the Supreme Court

• to hear appeals from lower federal courts

Federal judges are

• appointed by Congress after review by the American Bar Association

• elected for six-year terms, but can be reelected.

• appointed for life on good behavior

• appointed by state legislatures

The original jurisdiction of the Supreme Court does NOT include which of the following?

• A case between two or more states.

• A case involving an appeal based on denial of due process

• A case between one state and citizens of another state

• A case involving a foreign diplomat

According to the Constitution, the number of justices on the Supreme Court

• cannot be changed

• can be changed by amending the Judiciary Act of 1789

• can be changed through a constitutional amendment

• can be changed by a vote of Congress

All of the following are checks on the judicial branch EXCEPT

• the president nominates federal judges.

• the Senate can withhold approval of presidential appointments to the judiciary.

• Congress can create additional courts.

• Congressional committees exercise oversight on the judiciary.

A writ of certiorari

• is issued by the Supreme Court to stay an execution.

• is an order to a lower court by the Supreme Court to send up documents for a case accepted to the Supreme Court.

• must be agreed to by five justices of the Supreme Court in order for the Court to consider a case

• is handed down in cases involving civil liberties