American Judiciary Quiz 1

What is law

A social norm where breaking it can lead to sanctions imposed through force by someone with legally recognized authority. Law involves force, official authority, and regularity.

What are the three basic elements of law?

1. Force: Violations can produce consequences

2. Official Authority: The enforcer has legal authority

3. Regularity: Creates consistency and predictability

What is statutory law

Written law created by a legislative body, including congressional acts, state statures, city ordinances, and certain rules from quasi-legislative bodies.

What is common law?

Law developed from traditions, principles, legal practices, court decisions, and precedent. It is sometimes called “unwritten law,” although much of it is written in judicial decisions.

What is the difference between civil and criminal law?

Civil law generally concerns disputes between private parties

Criminal law concerns offenses against the state or society and can result in punishment such as fines or imprisonment

What is the difference between law and equity?

The difference is primarily the remedy. Law generally provides financial compensation while equity provides a remedy to prevent or cure a wrong when money is inadequate or inappropriate.

What is administrative law?

Law consisting of decisions and regulations made by administrative agencies to implement mandates given by legislatures.

What is constitutional law?

Law concerning the meaning and application of the constitution, especially through court decisions. All courts can interpret the constitution, but the supreme court has the final say on constitutional questions.

What are five major purposes of law?

1. Resolving disputes

2. Protecting the public

3. Protecting institutions

4. Protecting property

5. Promoting general welfare and individual liberties

What are the supreme court’s three major roles in VG chapter 1?

1. Court of Law

2. Policymaker

3. Teacher

It resolves disputes, determines what government policies are constitutionally permissible, and explains/justifies its decisions.

Why does the Supreme Court inevitably participate in policymaking?

Judges must choose among competing interpretations of laws, executive actions, and constitutional provisions. Their chosen interpretation becomes policy for the parties and potentially more broadly when other courts follow it.

What limits the Supreme Court’s policymaking power?

The court has no self-starting device. It must wait for litigation to bring an issue before it, and it depends on the lower courts, Congress, the president, and others to implement its decisions.

Why does the Supreme Court act as a teacher?

Its written opinions explain and justify decisions, educate the public, clarify constitutional principles, and provide guidance for future cases.

What is a threshold issue in constitutional litigation?

Whether the challenged person or organization is a government/state actor. The Constitution generally regulates government action, so a constitutional claim usually cannot proceed against a purely private actor.

What do DeShaney and Castle Rock illustrate?

They illustrate that the Constitution generally limits government power rather than guaranteeing protection from private individuals. DeShaney did not find a constitutional violation when officials failed to protect a child from his father, and Castle Rock held that police do not have a constitutional duty to respond to every call for assistance.

What is habeas corpus?

A writ used to challenge unlawful detention and require the government to justify the person’s imprisonment or custody.

What is the writ of certiorari?

An order from the Supreme Court directing a lower court to send up the complete record of a case for Supreme Court review.

What is certiorari?

The process/device that lets SCOTUS choose which lower-court cases it will review.

Original Jurisdiction

the power of a court to hear a case for the first time

Appellate Jurisdiction

the powerof a higher court to review a case decided by a lower court

Which courts have what jurisdictions?

District = original jurisdiction

Court of appeals = appellate jurisdiction

SCOTUS = mostly appellate jurisdiction, with limited original jurisdiction in interstate matters

What are the three primary levels of the judiciary?

federal district courts → US courts of appeals/ircuit courts → US Supreme Court

What do federal district courts do?

They are the federal trial courts. Cases begin there, evidence is presented, witnesses are questioned, and an initial judgement is reached.

What do courts of appeals do?

They review lower-court decisions for legal errors. They generally do not retry the case or reweigh the evidence like a trial court.

Why are courts of appeals so important?

They are the courts of last resort for most federal appeals because the Supreme Court hears only a small fraction of cases.

How are the federal courts of appeals organized?

There are 12 geographic circuits plus the Federal Circuit, which is the jurisdictional rather than geographic.

What is a federal circuit?

A specialized federal appellate court created in 1982 by consolidating the Court of claims and the Court of Customs and Patent Appeals. It is based on jurisdiction rather than geographic boundaries.

What is the difference between constitutional and legislative courts?

Article III creates constitutional courts, including district courts, courts of appeals, and the Supreme Court.

Article I creates legislative courts, which often have administrative, quasi-legislative, or specialized functions.

What is judicial independence?

The ability of judges to decide cases without direct political pressure. Federal judges’ life tenure helps protect this independence but raises questions about democratic accountability.

What are the five major constitutional relationships the Supreme Court supervises?

1. Separation of powers

2. Federalism

3. Individual rights

4. Equal protection

5. Government and religion

What is separation of powers?

The constitutional relationship among the legislative, executive, and judicial branches, including the boundaries of each branch’s authority.

What is federalism?

The constitutional relationship between the federal government and the states, including questions about the boundaries of federal and state authority.

What is judicial review?

The power of courts to determine whether government action is consistent with the Constitution and, when appropriate, invalidate unconstitutional government action.

What did Marbury v. Madison establish?

Judicial review: the Supreme Court’s authority to determine whether laws and government actions are consistent with the Constitution.

What did McCulloch v. Maryland illustrate?

The Court’s recognition of implied congressional powers and its interpretation of the Necessary and Proper Clause in support of federal authority.

What did Youngstown Sheet & Tube v. Sawyer illustrate?

It illustrated limits on presidential power. President Truman could not seize the steel mills without congressional authorization.

Why does the Supreme Court write opinions instead of simply announcing who wins?

Opinions explain the Court’s reasoning, allow the public to understand the decision, provide guidance for future cases, and promote uniformity and consistency in the law.

What is dicta?

Discussion in an opinion that is not necessary to resolve the case. It can have rhetorical value or provide guidance about how the court might handle a different situation later.

What is a per curiam opinion?

an opinion issued in the name of the court rather than signed by a particulat justice

What is majority opinion?

the opinion expressing the reasoning supported by the majority

What is a concurring opinion?

agrees with the result but gives different reasoning (right answer wrong formula)

What is a dissenting opinion?

explains disagreement with the Court’s majority decision

What is justiciability?

The doctrines that determine whether a dispute is appropriate for judicial resolution. They help keep certain matters out of court.

What is standing?

The requirement that a person bringing a case be sufficiently connected to the dispute and have suffered an injury sufficient to invoke judicial review.

What is ripeness?

A case is too early for judicial review because the dispute has not developed enough to be properly decided.

What is mootness?

A case is too late because the conflict no longer exists or has been resolved. Some issues can still receive review when they are capable of repetition.

What is prohibition against advisory opinions?

Advisory opinions give legal advice rather than resolving an actual case or controversy.

Courts do not issue hypothetical rulings. There must be an actual dispute or problem for the court to resolve.

What is the political question doctrine?

A doctrine under which an issue may be kept out of court because it is considered better suited to another branch of government.

What are the basic parts to a judicial opinion/case analysis?

1. Case name and citation

2. Fact

3. Procedural history

4. Issues

5. Analysis/reasoning

6. Holding/decision

What is the purpose of the procedural history section?

To explain how the case got to the court, including what happened in the trial court, who appealed, what happened in the intermediate appellate court, and who brought the case to the Supreme Court.

What is a holding?

The decision of the court, its answer to the legal question or questions presented in the case.

What is the analysis/reasoning section?

The part explaining how the judges reached their decision, including the rules, principles, doctrines, tests, precedents, and other legal materials they relied on.

What is the chief justice’s major role in opinion writing?

When the chief justice is in the majority, then the chief justice assigns who writes the majority opinion. If the chief justice is not in the majority, the most senior justice in the majority generally makes the assignment.

Why is assigning the majority opinion an important power?

The opinion writer controls much of the rationale and wording, so choosing the writer can influence how the Court’s decision is explained.

What happens during the Supreme Court opinion-drafting process?

1. A justice drafts an opinion, often with law-clerk assistance

2. Other justices review it

3. Justices negotiate over wording and reasoning

4. Votes or coalitions can change before the final decision

What are the nine types of legal material used to build a constitutional opinion?

1. Constitutional text

2. Framer’s intent and ratification

3. Constitutional structure and implicit premises

4. Fundamental purposes and values

5. Precedent

6. Traditions, customs, practices, and history

7. Social science and systematically collected date

8. Contemporary morality and attitudes

9. Practicality and prudence

What is textualism?

An approach that focuses closely on the constitutional text and treats cleal textual meaning as controlling, even if applying that meaning produces undesirable consequences.

What is originalism?

An approach that gives substantial weight to the historical meaning, intent, or understanding of the Constitution at the time it was adopted.

What is one problem with originalism?

Historical evidence can be incomplete or ambiguous, and different framers or ratifiers may have had different understandings.

What is nonoriginalism?

An approach that does not treat the framers’ intent or original meaning as completely controlling and allows constitutional meanings to respond to new circumstances and broader principles or values.

How can originalists and nonoriginalists use history differently?

Originalists tend to use history to identify the original meaning or understanding that controls interpretation.

Nonoriginalists can use history to identify the broader purposes or values without treating historical understanding as a fixed rule.

What is constitutional structure?

The relationships and arrangements created by the Constitution, including the structure of government and the distribution of authority among its parts.

What are fundamental purposes and values?

Broad constitutional purposes or values that can help judges determine what a constitutional provision is intended to accomplish.

How can precedent be used when building a constitutional opinion?

Prior judicial decisions provide legal principles, reasoning, and holdings that can guide the Court’s decision in the current case.

How can tradition be used in constitutional interpretation?

Prior judicial decisions provide legal principles, reasoning, and holdings that can guide the Court’s decision in the current case.

What is a problem with relying on tradition?

People can disagree about what the tradition actually is, how old it must be, whether it is obsolete, and whether it is specific enough to guide the decision.

How can social science be used in a constitutional opinion?

Judges can use systematically collected and analyzed data to establish or evaluate social problems, effects of laws, or claims about how policies operate.

What are contemporary morality and attitudes?

Evidence about current social values or evolving standards that may be considered when interpreting constitutional provisions.

What are practicality and prudence?

Consideration about the practical consequences of a ruling, including institutional competence, effects on government operations, and whether an interpretation would create serious practical problems.

What are judiciial activism and judicial deference?

Judicial activism is a contested term used in several ways, including describing judges who invalidate government action, disregard precedent, or engage in result-oriented judging.

Judicial deference means courts are more willing to accept decisions made by other government institutions rather than substitute their own judgement.

What is a constitutional test or standard of review?

A judicially created criterion that government action must satisfy to be constitutionally permissible.

What is the burden of proof/persuasion?

It identifies which party must persuade the Court that the challenged policy satisfies or fails the applicable constitutional test.

What is rational basis review?

A relatively deferential test asking whether the law is rationally related to a legitimate government purpose. The person challenging the law generally bears the burden.

What is the exact formula to remember for rational basis?

legitimate government purpose → rationally related

What is intermediate scrutiny?

The middle-level test. The government must show that the law serves an important government interest and that the classification is substantially related to that interest.

What is the exact formula to remember for intermediate scrutiny?

Important government interest → substantially related

What is strict scrutiny?

A highly demanding test used in areas including fundamental rights and certain equal-protection classifications. The government must establish a compelling government purpose and show that the means are necessary/narrowly tailored to achieve it. The government holds the burden of proof for this.

What is the safest strict-scrutiny formula to memorize from VG?

Compelling government purpose → necessary means

Also remember the chapter’s discussion of narrow tailoring. Do not substitute “legitimate” for “compelling.”

Who has the burden under strict scrutiny?

The government has the burden of persuasion. The policy is treated as constitutionally suspect until the government satisfies the demanding test.

How do the three major levels of review compare?

1. Rational basis = most deferential

2. Intermediate scrutiny = middle

3. Strict scrutiny = least deferential / most demanding

What kinds of equal-protection classifications are associated with the three levels of review in the chapter?

race-based classifications → strict scrutiny

gender classifications → intermediate scrutiny

many other classifications → rational-basis-style review

What is the three-part commercial-speech test?

1. The government interest must be substantial

2. The regulation must directly advance that interest

3. The regulation must be no more extensive than necessary to serve the interest

What two-part privacy inquiry does the Fourth Amendment search discussion use?

1. Did the person have an actual expectation of privacy?

2. What was that expectation one society was prepared to recognize as reasonable?

What three factors from Solem v. Helm are used to evaluate cruel and unusual punishment?

1. The gravity of the offense and harshness of the penalty

2. Sentences imposed on other criminals in the same jurisdiction

3. Sentences imposed for the same crime in other jurisdictions

Why can constitutional tests create an illusion of certainty?

Tests look like precise formulas, but judges still have to interpret terms such as “rationally related,” “substantially related,” “compelling,” and “necessary.” Different judges can disagree about both the test and its application.

What is precedent?

A prior judicial decision used as a building material for deciding later cases and writing judicial opinions.

What is a stare decisis?

The principle that courts generally follow relevant prior decision/precedent, promoting predictability, stability, fairness, and consistency.

What is ratio decidendi?

The legal principle or rule that constitutes the reason for the decision. It can also be described as the holding or controlling legal principle.

What is dicta / obiter dicta in the context of precedent?

A statement or discussion in an opinion that is not necessary to the decision, such as discussion of hypothetical facts or issues beyond what was required to solve the case.

Why can’t every factual difference distinguish a precedent?

The difference must be material to the reasoning or outcome. If every tiny factual difference were enough, precedent would lose most of its force.

What does it mean to distinguish a precedent?

To identify a material factual difference between the earlier case and the current case so that the earlier precedent does not control the current dispute.

What are three ways to narrow a precedent?

1, Treat a factual circumstance as material

2. Interpret the precedden’s ratio decidendi narrowly

3. Treat a broader statement as dicta rather than holding

What does it mean to interpret the ratio decidendi narrowly?

To define the precedent’s controlling legal rule as applying to a limited set of facts or circumstances, reducing the precedent’s reach.

How can a court broaden a precedent?

It can reject a fact as material, generalize the material facts into broader rule, or broadly interpret the goal the precedent was intended to serve.

Background facts

Facts that provide context or help tell a story of the case

They may explain what happened, but they aren’t necessarily important to the legal rule/result.

Material facts

Facts that matter to the legal outcome

If changing that fact could change whether the precedent applies, it’s potentially a material fact.

What does it mean to reject a fact as material?

It means treating a fact from the earlier case as not essential to the decision, allowing the precedent to apply to cases that lack that fact.

What does it mean to generalize the material facts?

It means turning a specific set of facts into a more general statement or rule, making the precedent applicable to more situations.

What does it mean to broadly interpret the goal of a precedent?

It means identifying the broader purpose the original precedent was intended to serve and applying the precedent to additional situations that further that purpose.

What is overruling?

The Court changes an earlier rule or holding so that the prior precedent no longer controls future cases in the same way.