Question 1

What is the significance at the Supreme Court of what is informally called "the rule of four"?

Accepted Answer

The "rule of four" is an informal guideline used by the justices of the United States Supreme Court to decide whether the Court will grant a writ of certiorari, which is a request to review a lower court's judgment. The significance of this rule lies in its function as a threshold for the Supreme Court to determine which cases it will hear.

According to the rule of four, if at least four of the nine Supreme Court justices agree that a case has sufficient merit to warrant the Court's review, a certiorari will be granted. This does not mean that the justices who vote to hear the case believe that the lower court's decision should be overturned; rather, it indicates that they believe the legal issues presented by the case are significant enough to require the Supreme Court's attention.

The rule of four serves several important purposes:

1. **Democratic Principle**: It prevents a majority of the Court from controlling its docket, thus ensuring that a minority of justices can have a significant impact on the cases the Court chooses to hear.

2. **Legal Significance**: It helps to ensure that the Court hears cases that raise important legal questions that may affect the nation as a whole, or that address inconsistencies in the interpretation of federal law or the U.S. Constitution.

3. **Judicial Efficiency**: It allows the Court to manage its caseload by hearing only those cases that at least some of the justices consider being of great importance, rather than every case appealed to it.

4. **Checks and Balances**: It provides a mechanism for the judicial branch to check and balance the other branches of government by potentially reviewing and ruling on the constitutionality of legislative and executive actions.

The rule of four is not a formal law or constitutional requirement but rather a court-made tradition that has been followed for many years. It reflects the Court's commitment to collegiality and minority rights within the judicial process, ensuring that the Court's docket is not solely determined by the majority's interests.

Question 2

What is the role of amici curiae in the work of the Supreme Court?

Accepted Answer

Amici curiae, which is Latin for "friends of the court," play a significant role in the work of the Supreme Court of the United States. These are individuals or organizations that are not parties to a case but have a strong interest in the matter and seek to provide the Court with relevant information, expertise, or insights that may assist in the decision-making process.

The primary role of amici curiae in the Supreme Court is to submit amicus briefs. These briefs are legal documents that offer arguments, perspectives, or data that the parties to the case may not have presented but that could be valuable to the Court's understanding of the issues at hand. Amicus briefs can support one party's position, argue against both parties, or suggest a different line of reasoning altogether.

Amici curiae can be a diverse group, including non-profit organizations, advocacy groups, trade associations, companies, government entities, legal scholars, and other interested parties. Their involvement is particularly common in cases that have broad legal, social, or economic implications.

The role of amici curiae in the Supreme Court includes:

1. Providing Expertise: They often bring specialized knowledge or expertise to the Court's attention that the justices may not possess, such as technical data, historical context, or the potential impact of a decision on a particular industry or group.

2. Highlighting Broader Implications: Amici can underscore the wider consequences of a potential ruling, showing how it might affect other laws, legal principles, or groups not directly involved in the case.

3. Offering Legal Arguments: They can present legal arguments or interpretations of the law that the parties in the case might not have fully explored, which can be particularly useful in complex or novel legal issues.

4. Influencing Public Policy: By articulating the interests of various segments of society, amici curiae can indirectly influence public policy through the Court's rulings.

5. Supporting the Court's Legitimacy: By providing the Court with comprehensive information and diverse viewpoints, amici curiae help ensure that the justices make well-informed decisions, which can enhance the legitimacy of the Court's rulings in the eyes of the public.

While amici curiae can provide valuable assistance to the Court, it is important to note that the justices are under no obligation to follow or even consider the arguments presented in amicus briefs. The influence of amici curiae varies from case to case, and ultimately, the decision rests with the justices based on the merits of the arguments presented by the actual parties to the case and the law.

Question 3

The fundamental threshold question that must be addressed in any lawsuit is that of _____.

Accepted Answer

A)  attainder 
B)  ex post facto 
C)  certiorari 
D)  jurisdiction 
A)  attainder 
B)  ex post facto 
C)  certiorari 
D)  jurisdiction D

Question 4

Congress has specified that certain cases in the U. S. District Courts be heard and decided by a panel of three judges instead of the usual single judge sitting alone. What is the special option available to the losing party in a decision by such a three-judge panel that is not available to the losing party in the great bulk of district court cases that are routinely decided by a single judge?

Accepted Answer

A)  All court fees are waived. 
B)  The case may enjoy expedited review by one of the courts of appeals. 
C)  Direct appeal to the Supreme Court. 
D)  all of the above. 
A)  All court fees are waived. 
B)  The case may enjoy expedited review by one of the courts of appeals. 
C)  Direct appeal to the Supreme Court. 
D)  all of the above.

Question 5

Which of the following is not usually included within the list of Ashwander Rules?

Accepted Answer

A)  The Court will not formulate a rule of law broader than the facts of the case require. 
B)  If possible, the Court will dispose of a case on nonconstitutional grounds. 
C)  The Court will not pass upon the validity of a statute on complaint of one who fails to show injury to person or property. 
D)  Whenever possible, the Court will protect an individual's constitutional rights. 
A)  The Court will not formulate a rule of law broader than the facts of the case require. 
B)  If possible, the Court will dispose of a case on nonconstitutional grounds. 
C)  The Court will not pass upon the validity of a statute on complaint of one who fails to show injury to person or property. 
D)  Whenever possible, the Court will protect an individual's constitutional rights.

Question 6

What are the Ashwander rules? Do they expand or contract judicial power? Explain.

Accepted Answer

The Ashwander rules refer to a set of pr

Question 7

What do the data about the Supreme Court's caseload suggest about the importance of state and lower federal courts in helping to shape American constitutional law?

Accepted Answer

The data about the Supreme Court's casel

Question 8

An appeal from a decision by a U.S. District Court in California is typically heard by the U.S. Court of Appeals for the _____.

Accepted Answer

A)  Ninth Circuit 
B)  First Circuit 
C)  Third Circuit 
D)  Federal Circuit 
A)  Ninth Circuit 
B)  First Circuit 
C)  Third Circuit 
D)  Federal Circuit

Question 9

What is the role of the Solicitor General of the United States in the work of the Supreme Court?

Accepted Answer

The Solicitor General of the United Stat

Question 10

A case is considered _____ if the issues that gave rise to it have been resolved or otherwise disappeared.

Accepted Answer

A)  unripe 
B)  exhausted 
C)  moot 
D)  hypothetical 
A)  unripe 
B)  exhausted 
C)  moot 
D)  hypothetical

Question 11

An appeal in a patent case from a U.S. district court in New Jersey will typically be heard by the U. S. Court of Appeals for the _____.

Accepted Answer

A)  Third Circuit 
B)  Federal Circuit 
C)  Fifth Circuit 
D)  District of Columbia Circuit. 
A)  Third Circuit 
B)  Federal Circuit 
C)  Fifth Circuit 
D)  District of Columbia Circuit.

Question 12

After determining that a real case or controversy exists, a federal court must ascertain whether the party initiating the litigation has _____.

Accepted Answer

A)  jurisdiction 
B)  a cause of action 
C)  standing 
D)  an injunction 
A)  jurisdiction 
B)  a cause of action 
C)  standing 
D)  an injunction

Question 13

Article III of the Constitution provides that the Supreme Court ". . . shall have _____ Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _____ shall make."

Accepted Answer

A)  original; Congress 
B)  appellate; Congress 
C)  original; Supreme Court 
D)  appellate; Supreme Court 
A)  original; Congress 
B)  appellate; Congress 
C)  original; Supreme Court 
D)  appellate; Supreme Court

Question 14

Which of the following is usually included within the list of Ashwander Rules?

Accepted Answer

A)  The Court will not formulate a rule of law broader than the facts of the case require. 
B)  If possible, the Court will dispose of a case on nonconstitutional grounds. 
C)  The Court will not pass upon the validity of a statute on complaint of one who fails to show injury to person or property. 
D)  All of the above 
A)  The Court will not formulate a rule of law broader than the facts of the case require. 
B)  If possible, the Court will dispose of a case on nonconstitutional grounds. 
C)  The Court will not pass upon the validity of a statute on complaint of one who fails to show injury to person or property. 
D)  All of the above

Question 15

An appeal from a ruling by the Court of Appeals of Veterans Claims is typically heard by _____.

Accepted Answer

A)  The U.S. Court of Appeals for the District of Columbia Circuit 
B)  The U.S. Court of Appeals for the Federal Circuit 
C)  The Virginia Supreme Court 
D)  The U.S. Court of Appeals for the Federal Circuit. 
A)  The U.S. Court of Appeals for the District of Columbia Circuit 
B)  The U.S. Court of Appeals for the Federal Circuit 
C)  The Virginia Supreme Court 
D)  The U.S. Court of Appeals for the Federal Circuit.

Question 16

Article II enumerates specific powers granted to the president. These include the authority to _____.

Accepted Answer

A)  nominate federal judges 
B)  suspend writs of habeas corpus 
C)  withhold privileged communications 
D)  all of the above 
A)  nominate federal judges 
B)  suspend writs of habeas corpus 
C)  withhold privileged communications 
D)  all of the above

Question 17

Describe the work of a justice's law clerk at the Supreme Court.

Accepted Answer

A justice's law clerk at the Supreme Cou

Question 18

What are the principal steps in the process by which the Supreme Court decides cases?

Accepted Answer

The principal steps in the process by wh

Question 19

Search warrants in the federal court system are ordinarily issued by _____.

Accepted Answer

A)  U.S. district judges 
B)  a law clerk 
C)  judges on the closest U.S. court of appeals 
D)  U. S. magistrate judges 
A)  U.S. district judges 
B)  a law clerk 
C)  judges on the closest U.S. court of appeals 
D)  U. S. magistrate judges

Question 20

How can "threshold questions" such as standing be crucial in the outcome of a constitutional case?

Accepted Answer

Threshold questions, such as the issue o

What is the significance at the Supreme Court of what is informally called "the rule of four"?

What is the role of amici curiae in the work of the Supreme Court?

The fundamental threshold question that must be addressed in any lawsuit is that of _____.

Which of the following is not usually included within the list of Ashwander Rules?

What are the Ashwander rules? Do they expand or contract judicial power? Explain.

What do the data about the Supreme Court's caseload suggest about the importance of state and lower federal courts in helping to shape American constitutional law?

An appeal from a decision by a U.S. District Court in California is typically heard by the U.S. Court of Appeals for the _____.

What is the role of the Solicitor General of the United States in the work of the Supreme Court?

A case is considered _____ if the issues that gave rise to it have been resolved or otherwise disappeared.

An appeal in a patent case from a U.S. district court in New Jersey will typically be heard by the U. S. Court of Appeals for the _____.

After determining that a real case or controversy exists, a federal court must ascertain whether the party initiating the litigation has _____.

Article III of the Constitution provides that the Supreme Court ". . . shall have _ Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _ shall make."

Which of the following is usually included within the list of Ashwander Rules?

An appeal from a ruling by the Court of Appeals of Veterans Claims is typically heard by _____.

Article II enumerates specific powers granted to the president. These include the authority to _____.

Describe the work of a justice's law clerk at the Supreme Court.

What are the principal steps in the process by which the Supreme Court decides cases?

Search warrants in the federal court system are ordinarily issued by _____.

How can "threshold questions" such as standing be crucial in the outcome of a constitutional case?

Introduction: A Political Supreme Court

The Constitution, the Supreme Court, and Judicial Review

Congress and the President

Federalism

The Electoral Process

The Commerce Clause

National Taxing and Spending Power

Property Rights and the Development of Due Process

The Bill of Rights and the Second Amendment

Criminal Justice

Freedom of Expression

Religious Liberty

Privacy

Equal Protection of the Laws

Security and Freedom in Wartime and Pandemic

Filters

Exam 2: Jurisdiction and Organization of the Federal Courts

What is the significance at the Supreme Court of what is informally called "the rule of four"?

What is the role of amici curiae in the work of the Supreme Court?

The fundamental threshold question that must be addressed in any lawsuit is that of _____.

Which of the following is not usually included within the list of Ashwander Rules?

What are the Ashwander rules? Do they expand or contract judicial power? Explain.

What do the data about the Supreme Court's caseload suggest about the importance of state and lower federal courts in helping to shape American constitutional law?

An appeal from a decision by a U.S. District Court in California is typically heard by the U.S. Court of Appeals for the _____.

What is the role of the Solicitor General of the United States in the work of the Supreme Court?

A case is considered _____ if the issues that gave rise to it have been resolved or otherwise disappeared.

An appeal in a patent case from a U.S. district court in New Jersey will typically be heard by the U. S. Court of Appeals for the _____.

After determining that a real case or controversy exists, a federal court must ascertain whether the party initiating the litigation has _____.

Article III of the Constitution provides that the Supreme Court ". . . shall have _____ Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _____ shall make."

Which of the following is usually included within the list of Ashwander Rules?

An appeal from a ruling by the Court of Appeals of Veterans Claims is typically heard by _____.

Article II enumerates specific powers granted to the president. These include the authority to _____.

Describe the work of a justice's law clerk at the Supreme Court.

What are the principal steps in the process by which the Supreme Court decides cases?

Search warrants in the federal court system are ordinarily issued by _____.

How can "threshold questions" such as standing be crucial in the outcome of a constitutional case?

Introduction: A Political Supreme Court

The Constitution, the Supreme Court, and Judicial Review

Congress and the President

Federalism

The Electoral Process

The Commerce Clause

National Taxing and Spending Power

Property Rights and the Development of Due Process

The Bill of Rights and the Second Amendment

Criminal Justice

Freedom of Expression

Religious Liberty

Privacy

Equal Protection of the Laws

Security and Freedom in Wartime and Pandemic

Filters

Article III of the Constitution provides that the Supreme Court ". . . shall have _ Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _ shall make."