UNIT 9
CHAPTER 16:
THE FEDERAL COURTS
1. Explain the difference between criminal law and civil law.
Criminal Law:
Civil Law:
2. List three regular participants in the judicial system other than judges.
1.
2.
3.
3. What is meant by “justiciable disputes”?
4. What are the differences between constitutional courts and legislative courts?
Constitutional Courts:
Legislative Courts:
5. Complete the following table on the structure of the federal judicial system.
Court / Number of Courts / Number of Judges / Jurisdiction / Policy ImplicationsDistrict Court
Court of Appeals
Supreme Court
6. What is the role of an U.S. attorney?
7. Explain the practice of “senatorial courtesy.”
8. Name three conditions in which nominations to the Supreme Court are more likely to run into trouble.
1.
2.
3.
9. Present a demographic profile of the “typical” federal judge.
10. List and explain six criteria that have been important in choosing Supreme Court justices over the years.
1.
2.
3.
4.
5.
6.
11. What are the four key functions of the solicitor general?
1.
2.
3.
4.
12. What are the functions of amicus curiae briefs?
13. What is the difference between a majority opinion, a dissenting opinion, and a concurring opinion?
Majority Opinion:
Dissenting Opinion:
Concurring Opinion:
14. What is the difference between stare decisis and precedent?
Stare Decisis:
Precedent:
15. List and explain the three elements of judicial implementation according to Charles Johnson and Bradley Canon.
1.
2.
3.
16. Explain the principle of judicial review.
17. Complete the following table on public policy and the Supreme Court.
Court / Basic Ideology / Judicial Restraint orJudicial Activism / Key Cases
Warren Court
Burger Court
Rehnquist Court
18. In what ways might it be said that courts are not a very democratic institution?
19. Explain the difference between judicial activism and judicial restraint.
Judicial Activism:
Judicial Restraint:
20. Define the terms “political question” and “statutory construction” as they apply to the Supreme Court and give an example of each.
Term / Definition / ExamplePolitical Question
Statutory Construction
KEY TERMS
1. standing to sue
2. class action suits
3. original jurisdiction
4. appellate jurisdiction
5. district courts
6. courts of appeal
7. Supreme Court
8. opinion
9. original intent
10. judicial implementation
11. Marbury v. Madison (1803)
12. United States v. Nixon
Unit 9- Chapter 16 Study Guide, page 6