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Exam 9: The Judiciary

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Question 31

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How are most criminal prosecutions in the United States resolved?

A) through a plea bargain
B) by a guilty verdict
C) with a non-guilty verdict
D) with a hung jury

E) A) and B)
F) All of the above

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Question 32

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What happens once a writ of certiorari has been granted by the Supreme Court?

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Once a writ of certiorari has been grant...

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Question 33

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Consider the various methods of selecting judges at the state level mentioned in the text. Select the method you believe is the best, and explain why.

What is one criticism of judges and justices who are appointed and serve indefinite or life terms?

What role does the judicial branch play in a nation that uses a common law system?

The text mentions several key factors that contribute to who a president nominates for a federal judgeship. Put yourself in the president's shoes. Which three factors would you take into consideration more than anything else when choosing a federal judge or justice? Why?

Suppose a case regarding the wrongful conviction of a man for the murder of a woman has been appealed several times and has now been appealed to the Supreme Court. The Court has decided that this case presents an interesting conflict and has the potential to impact the rights of the accused listed in the Constitution, so it has agreed to hear the case. What should the legal teams for both parties do next to prepare?

Suppose a civil case is proceeding in which two women are disputing who is at fault for a car accident. Each woman has hired a lawyer to present the information to the judge presiding over the case. These lawyers have conducted discovery into the case and are now presenting their findings to the judge. This is an example of which system of justice?

Consider the power of judicial review. Do you believe that American courts should have the power of judicial review? Why or why not? Be sure to take the language of the Constitution and the American system of checks and balances into consideration when answering.

How do most of the cases that come before the Supreme Court arrive?

In an adversarial system of justice, two parties contend against one another for a favorable outcome.

______ of the U.S. Constitution grants the Supreme Court the power to interpret the Constitution and decide on the constitutionality of laws and actions by the legislative and executive branches?

Allison strongly believes that the Supreme Court should have the ability to check the actions of the other branches by making sure that the laws passed do not violate the Constitution. However, Allison also believes that such a power should be used to limit the actions of the federal government and favor the maintenance of a smaller government overall. On which case would Allison most likely agree with the Supreme Court's decision?

How are state judicial systems structured in the United States? Explain the various levels of the state courts and the role they play in the state judicial system.

Judicial review gives the courts the ability to determine if a law or action is constitutional or not.

Over the course of American history, the appointment of federal justices has ______ in terms of the number of votes needed to secure confirmation.

The system in which judges work on behalf of the government to gather facts and information regarding a case is characteristic of which system of justice?

How many states have intermediate appellate courts where appeals from trial courts must first be directed?

For a vacancy on the Supreme Court, why might a president select a judge who has previous experience serving on a federal court over one that has a different legal background?

Which type of nominee is the president more likely to appoint in a divided political climate?