APAG Ch. 15 The Judiciary

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APAG Ch. 15 The Judiciary

• Assignment 2
• Pages 457-477

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• 1. How many Courts of Appeals are in the U.S.?
  Where do their cases come from?

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• There are 13 U.S. Courts of Appeals. Most of
  their cases come from the federal district
  courts.

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• 2. What do the appellate courts usually decide in
  a case? How many judges hear the case?

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• The appellate court does not conduct another
  trial. It does not look at questions of fact,
  but rather questions of law (such as whether
  there is a violation under the Constitution). A
  panel of three or more judges will hear the case.

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• 3. Where do most decisions in the federal court
  system end?

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• Most cases end with the Court of Appeals because
  the Supreme Court will only hear a fraction of
  the cases filed.

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• 4. What are the three tiers of the federal court
  system? Which is the highest tier?

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• The three tiers are the Federal District Courts,
  the Court of Appeals, and the Supreme Court. The
  Supreme Court is the highest tier.

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• 5. What kind of cases are of original
  jurisdiction in the Supreme Court?

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• The Supreme Court has original jurisdiction in
  cases that affect foreign diplomats and those in
  which a state is a party.

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• 6. What is required for the federal Supreme Court
  to hear a case on appeal from the state courts?

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• A federal question must be involved (it has to do
  with either federal law or the Constitution).

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• 7. What roles do interest groups play in the
  federal court system?

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• Interest groups litigatebring to trialor assist
  in litigating most cases of racial or
  gender-based discrimination, virtually all civil
  liberties cases, and more than one-third of the
  cases involving business matters.

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• What is a amicus curiae? A class-action suit?

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• Amicus Curiae is a brief filed by a third party
  (friend of the court) who is not directly
  involved in the litigation but who has an
  interest in the outcome of the case.
• A class-action suit is a lawsuit filed by an
  individual seeking damages for all persons
  similarly situated.

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• 9. When is the annual term of the Supreme Court?
  What percentage of federal cases are reviewed by
  the Supreme Court?

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• The Supreme Court, by law, begins its regular
  annual term on the first Monday in October and
  usually adjourns in late June or early July of
  the next year.
• Less than one-half of one percent of all cases
  reach the Supreme Court.

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• 10. How does the Supreme Court influence policy
  in the U.S.?

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• Because the Supreme Court exercises a great deal
  of discretion over the types of cases it hears,
  it can influence the nations policies by issuing
  decisions in some types of cases and refusing to
  hear appeals in others, thereby allowing lower
  court decisions to stand.

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• 11. How are cases decided on whether they will go
  before the Supreme Court?

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• The Supreme Court justices decide themselves
  which cases will be heard. The rule of four is
  used. Four justices have to agree to hear a
  case.

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• 12. List the factors that bear on the decision on
  which cases are heard.

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• 12. Factors that bear on the decision include
• 1) Whether a legal question has been decided
  differently by various lower courts and needs
  resolution by the highest court.
• 2) Whether a lower courts decision conflicts
  with an existing Supreme Court ruling.

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• 3) Whether the issue could have significance
  beyond the parties to the dispute.
• 4) Whether the solicitor general is pressuring
  the Court to take a case.

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• 13. What does the Supreme Court issue in order to
  hear a case? What is required for this issue?

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• A writ of certiorari which requires a vote of
  four or more justices to issue (rule of four).

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• 14. What is the basis of the Courts
  considerations?

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• The Supreme Courts consideration of a case is
  based on the abstracts, the record, and the
  briefs.

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• What are the choices of the decisions and
  opinions?

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• 15. Unanimous opinion, majority opinion,
  concurring opinion, dissenting opinion.

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• 16. How do federal judges get their jobs? How
  long to they keep their jobs?

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• All federal judges are appointed by the president
  with the consent of the Senate.
• Once appointed, they keep the job for life.

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• 17. What is senatorial courtesy?

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• This is a Senate tradition allowing a senator of
  the presidents political party to veto a
  judicial appointment in his or her state simply
  by indicating that the appointment is personally
  not acceptable.

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• 18. Describe the characteristics of the typical
  Supreme Court Justice.

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• Characteristics include a legal background,
  protestant, age 51-60, college graduate, male,
  and caucasian.

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• 19. How many presidents have not appointed a
  Supreme Court Justice?

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