How the Supreme Court WorksThe Supreme Court is:
How a Case Gets to the Supreme CourtMost cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law. Show Rarely, the Court hears a new case, such as one between states.
What Happens Once a Case is Selected for Review?
Every year:The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument. About the Justices:There are nine Justices:
When a new Justice is needed:
Justices are appointed for life, though they may resign or retire.
Doug Linder 1. Which of the statements below most accurately describes the intentions of the framers with respect to whether the Supreme Court should be given the power to invalidate acts of Congress? (A) Some delegates thought that the Court should have the power to strike down acts of Congress
inconsistent with natural law, even where no constitutional provisions had been violated. 2. In Craig v. Boren, the Court struck down Oklahoma's law which allowed 18-year old women to buy 3.2 beer, but required men to be 21 to purchase beer. What happens next? (A) The law is void and any person of any age can buy beer. 3. A city adopts an ordinance requiring the operators of massage parlors to receive licenses from the city. In the absence of more complete information, what would you say about the chances of successfully challenging the ordinance on constitutional grounds? (A) Weak - the Court probably will uphold after applying rational basis test. 4. The U.S. Constitution has as its most significant purposes -- (A) Conferring power on national and state governments 5. In Plyler v. Doe, the Supreme Court held that Texas may not deny a free public education to the children of illegal aliens. How did the Court justify its decisions? (A) The statute lacked a rational basis. 6. F.A.A. regulations prohibit commercial airlines from employing as pilots persons over age 60. The regulation is based on evidence that the incidence of serious health problems increases markedly in the mid-60's. This F.A.A. regulation could be described as: (A) Primarily underinclusive 7. Which of the following was not identified by the Supreme Court in the Carolene Products case to be a factor which may justify more careful scrutiny of a statute that disadvantages a minority group? (A) The group is underrepresented in the political
process. 8. Which of the laws below would be least likely to raise a significant substantive due process issue under the analysis used in Griswold and Roe? (A) a law prohibiting marriage between cousins 9. As
interpreted by the Supreme Court in Marbury, which of the following statements can be made about (A) The original jurisdiction of the Supreme Court is set by the Constitution; Congress can neither add to it nor subtract from it. 10. Which of the following theories about the applicability of the Bill of Rights to the states can be said to have emerged victorious? (A) The "No
Incorporation" theory 11. Which of the following statements best describes the process of ratification of the Constitution? (A) Ratification probably would not have occurred without the promise to
swiftly propose a Bill of Rights. 12. Which of the following statements most accurately describes how the Court has treated statutes that disadvantage indigents? (A) Indigency is a suspect classification triggering strict scrutiny. 13. The Ninth Amendment to the U.S. Constitution (A) Repeals the Seventh Amendment. 14. Which of the following governmental actions is most likely vulnerable to successful constitutional challenge, given the Court’s decisions in the “right to travel” cases? (A) A gasoline tax. 15. Assume a state passes a law requiring all uneducable mentally retarded persons (defined with reference to scores on a standardized exam) to be sterilized at age 15. Which of the following is probably the weakest argument to use in a constitutional challenge to the law? (A) Mentally retarded persons have the attributes of a “discrete and insular minority” and should be treated as a “suspect class”. 16. Which of the following statements about the Takings Clause is not accurate? 17. Which of the following has not been identified by the Court as a factor to consider in deciding whether a taking has occurred? (A) The value of the property involved. 18. Which of the following has not been advanced as a major justification for the state action requirement? (A) Equality 19. Which of the following is most likely to be found to be state action under the “Public Function” Doctrine? (A) The maintenance of a private amusement park such as Disneyland. 20. Justice Black argued that the Fourteenth Amendment “absorbed” the specific guarantees of the Bill of Rights and no more because: (A) The Bill of Rights contains the
most fundamental guarantees of liberty. 21. Which of the following rules of constitutional interpretation is NOT generally followed by the U. S. Supreme Court? (22-23.) Amanda owned two collies, Rehnquist and Brennan. Before Amanda left on a seven-day trip, she arranged to have a friend look after Rehnquist and Brennan. The dogs were kept in the Angst back yard, which was surrounded completely by a high fence. The morning after Amanda left on her vacation, a Mill Valley city weed inspector visited her property. The city inspector entered the back yard by opening a latched gate. Upon leaving Amanda's property, the inspector neglected to latch the gate securely, and shortly thereafter Rehnquist and Brennan escaped. When Amanda’s friend stopped by the next day to feed the dogs, the gate was latched (apparently blown shut by the wind) and the back yard was, of course, dogless. The friend assumed that Amanda must have decided to take the dogs with her or left them in a kennel. After their escape, Brennan and Rehnquist traveled down the road to the Nelson family residence. Jake Nelson, no lover of dogs, noted the arrival of two large dogs with great alarm. Jake’s two young daughters were playing in the yard and he feared for their safety. Jake grabbed his rifle and walked out to his front porch. At that instant, Brennan began to bark and move (some would say playfully; Jake thought threateningly) in the direction of his two-year old. Jake fired his gun at Brennan, killing the dog instantly. After the shooting, Jake called the Mill Valley police and told them about the incident and of the presence of a second dog. The city dogcatcher was dispatched to the Nelson residence. Rehnquist was apprehended and brought to the City Kennel. A mill Valley ordinance provides that all dogs must either be on a leash or on enclosed private property. Dogs found unleashed are to be brought to the kennel and maintained there until claimed by their owner. The law requires that when the name of the dog’s owner is known (as where the dog has identifying tags), the owner is to be notified by mail of the dog’s capture and informed that he has three days in which to claim the dog. If a dog is not claimed after three days, city law provides that the dog is to be “sold or disposed of in some other manner.” If claimed, the dog is returned to the owner after payment of a $100 fine. Rehnquist wore a name tag which identified him as the property of Amanda. A notice was left on Amanda's front door informing her of the dog’s capture and warning her that the dog must be claimed within three days. When Rehnquist was not claimed within the period specified by law, he was sold to a Mill Valley business, Delightful Meat Products, Inc., for $15.00. Rehnquist was never heard from again. Upon her return from her trip, Amanda was greatly distressed to learn of the fate of her two pets. She would like to sue Nelson and Mill Valley. Amanda sues Nelson and the City of Mill Valley, alleging that she has been deprived of her constitutional rights under color of state law. 22. What is the likely resolution of Amanda’s suit against Nelson for "deprivation of property without due process"? (A) It will be dismissed because Nelson is not a state actor. 23. What is the best constitutional argument Amanda has in her suit against Mill Valley? (A) Selling Rehnquist to a meat product company is cruel and unusual punishment. Answers: 1 (D); 2 (B); 3 (A); 4 (B); 5 (A); 6 (B); 7 (C); 8 (D); 9 (A); 10 (B); 11 (A); 12 (B); Does Congress approve federal judges?Who appoints federal judges? Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.
Which of the following statements is true about judicial review?The Correct Answer is The Parliament cannot pass laws and amendments for overriding the hurdles created by Judicial Review.
Which of the following statements about federal district courts are true?Which of the following statements about federal district courts is true? They are trial courts and most cases in the federal system must start here. Which of the following statements about the courts of appeals is true? They usually review district court decisions in three-judge panels.
Does Congress have the power to eliminate the Supreme Court?Congress cannot abolish the high court. See ArtIII. S1. 8.2 Historical Background on Establishment of Article III Courts.
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