COURT SYSTEM CH. 4-6 EXAM
QUESTIONS AND ANSWERS
Ch. 4- overview - Correct Answers --Judges= center of the judicial process
-Make decisions that affect outcomes for parties in cases.
-Indirectly affect what happens in disputes that never went to court
-Different people behave differently as judges. Selection process is important.
-Formal rules do not fully determine what happens in the selection of judges.
General issues in Judicial selection - Correct Answers -Should priority be given to
judicial independence or to political accountability?
-Many argue that judges should be selected in a way that maximizes their freedom from
control.
-Others contend that judges should be accountable to the people they serve (directly or
through other branches of government)
What's the best method for most competent judge?
-Some seek only legal competence and others think judges should have broader
understanding of politics and public police
US- emphasizes accountability and limited emphasis on legal competence. No training
and unstructured. People can move into judgeships from other careers.
-Elected officials and general public put them on bench and determining whether they
can stay or not.
Formal rules of selection vary considerably- federal and state use distinct systems
(differ in goals and way they achieve those goals)
1840s- life terms
19th century- limited length terms
Early 20th century- American Judicature Society: A state governor choses judge and
voters can periodically have the chance to approve or disapprove choice--- also called
the Missouri Plan (or merit selection). The Missouri plan is now used in a large minority.
-Had some impact on federal level
-Formal system of selection has never changed.
The Selection of Federal Judges - Correct Answers --Nominated by President and
confirmed by the state
-Majority vote by senators is required- Confirmation can be clocked by inaction or
negative decision in the senate judiciary committee or a "hold" or filibuster. 6 votes
required to end a fillibuster
-Recess Appointment= nominee takes bench immediately until end of next senate
session- rare
-Federal judges hold their positions for life except for "legislative courts"
,The Supreme Court - Correct Answers -The nomination process:
-President must select hundreds of federal officials.
-Individuals and groups outside of executive branch seek to influence the president's
choice
Criteria for Nomination (4 categories)
1. The qualifications of prospective nominiees- competence and ethical standards
2. Attitudes of nominees toward issues with which the court deals, their prolixity
preferences.
3. Reward- personal and political associates of the president were nominated.
4. Pursuit of political support- appeal to important interest groups or segments of the
population.
-Policy preference= highest priority.
Senate Confirmation
-Senate's power to veto a nomination is critical role in selection process.
-Nominees are questioned at length and other witnesses are heard
-Presidents look for nominees likely to win confirmation
-Moderates= unfavorable and another unfavorable condition is a credible challenge to
competence or ethical behavior of a nominee.
-Partisan makeup of senate=most important.
The Lower Courts - Correct Answers --Federal district court judges and court of appeals
serve only one region of the country.
-More judges
-Changes in selection of lower court judges especially for the courts of appeals
The Nomination Process
-Staff members in the White House and justice department
-Made with senate in mind
-District judges represent a single state.
-Interest groups influencing (such as ABA)
-They campaign for those positions
Criteria for selection
-Used to be by reward as primary criteria.
-Lower federal courts make important policy choices
-Result: selecting nominees on basis of perceived attitudes toward issues of judicial
policy
-Variation between the distinct court and courts of appeals from one nomination to the
next and among administrations- Weight that presidents give to selection of judges with
strong ideological positions.
-Policy preferences then become primary criterion for selection of courts of appeals
nominees.
Senate Confirmation
-Senators now move willingly to block confirmation of nominees (especially in courts of
appeals)
-Confirmation traditionally tied to senatorial courtesy. If home state senators from
president's party did not support nomination, judiciary committee did not consider it.
, -Negative side= home state senators still havve considerable power to prevent
confimation
-Average time for nomination to confirmation has lengthened considerably.
The Selection of State Judges - Correct Answers -The formal Rules
5 categories for class-action of formal systems:
1. Gubernatorial appointment- the governor appoints judges state senate must approve.
2. Legislative election- legislature elects judges (2 states).
- 1 and 2 are found in the eastern seaboard
3. Partisan election- through partisan primary elections
-Found in south and midwest
4. Nonpartisan election- voters choose between andidates in a general election with no
party labels.
5. Missouri plan- commission of lawyers has been selected by colleagues and
nonlawyers selected by governor. Commission produces a short list of nominees
- 4 and 5- weakest geographic patterns
-Many states use different selection systems for different courts
-Length of judge terms varies across states. Most common= 6 years.
-Most states have mandatory retirement ages or ages beyond which judges cannot
seek new terms (usually 70)
-Drive for Missouri plan has slowed bc voters are reluctant to give up power to elect
judges
-Liberals favor Missouri plan, conservatives favor other systems.
-Provide starting point in determining how judges are chosen (formal rules)
The Operation of Elective Systems - Correct Answers --2/3 of states choose some of all
of their judges through partisan or nonpartisan elections.
Campaigns and voters
-Many elections fo uncontested
-Contests more likelyy wot states with partisan election systems
-While elections are contested, they vary in several respects; Quiet or Noisy contests.
Most are quiet
-Unlikely to learn much about the candidates before going to the polls.
-Candidates gender and ethnicity are influences on non-partisan elections
-Noisy contests- candidates spend substantial amounts of mom, more common at
Supreme Court level. Interest groups are aware that court decisions are important.
Judges, parties and other intended groups found that affective campaigns can be
waged against judicial candidates on the basis of policy issue.
-Issues: Personal injury law and criminal law- judicial policy on these two categories.
The situation of Incumbents
-Great majority of sitting judges win relection
-Challengeers with lower court experience do relatively welll
-Name recognition- important
-Partisan labels are more likely to win
Interim Apointment
QUESTIONS AND ANSWERS
Ch. 4- overview - Correct Answers --Judges= center of the judicial process
-Make decisions that affect outcomes for parties in cases.
-Indirectly affect what happens in disputes that never went to court
-Different people behave differently as judges. Selection process is important.
-Formal rules do not fully determine what happens in the selection of judges.
General issues in Judicial selection - Correct Answers -Should priority be given to
judicial independence or to political accountability?
-Many argue that judges should be selected in a way that maximizes their freedom from
control.
-Others contend that judges should be accountable to the people they serve (directly or
through other branches of government)
What's the best method for most competent judge?
-Some seek only legal competence and others think judges should have broader
understanding of politics and public police
US- emphasizes accountability and limited emphasis on legal competence. No training
and unstructured. People can move into judgeships from other careers.
-Elected officials and general public put them on bench and determining whether they
can stay or not.
Formal rules of selection vary considerably- federal and state use distinct systems
(differ in goals and way they achieve those goals)
1840s- life terms
19th century- limited length terms
Early 20th century- American Judicature Society: A state governor choses judge and
voters can periodically have the chance to approve or disapprove choice--- also called
the Missouri Plan (or merit selection). The Missouri plan is now used in a large minority.
-Had some impact on federal level
-Formal system of selection has never changed.
The Selection of Federal Judges - Correct Answers --Nominated by President and
confirmed by the state
-Majority vote by senators is required- Confirmation can be clocked by inaction or
negative decision in the senate judiciary committee or a "hold" or filibuster. 6 votes
required to end a fillibuster
-Recess Appointment= nominee takes bench immediately until end of next senate
session- rare
-Federal judges hold their positions for life except for "legislative courts"
,The Supreme Court - Correct Answers -The nomination process:
-President must select hundreds of federal officials.
-Individuals and groups outside of executive branch seek to influence the president's
choice
Criteria for Nomination (4 categories)
1. The qualifications of prospective nominiees- competence and ethical standards
2. Attitudes of nominees toward issues with which the court deals, their prolixity
preferences.
3. Reward- personal and political associates of the president were nominated.
4. Pursuit of political support- appeal to important interest groups or segments of the
population.
-Policy preference= highest priority.
Senate Confirmation
-Senate's power to veto a nomination is critical role in selection process.
-Nominees are questioned at length and other witnesses are heard
-Presidents look for nominees likely to win confirmation
-Moderates= unfavorable and another unfavorable condition is a credible challenge to
competence or ethical behavior of a nominee.
-Partisan makeup of senate=most important.
The Lower Courts - Correct Answers --Federal district court judges and court of appeals
serve only one region of the country.
-More judges
-Changes in selection of lower court judges especially for the courts of appeals
The Nomination Process
-Staff members in the White House and justice department
-Made with senate in mind
-District judges represent a single state.
-Interest groups influencing (such as ABA)
-They campaign for those positions
Criteria for selection
-Used to be by reward as primary criteria.
-Lower federal courts make important policy choices
-Result: selecting nominees on basis of perceived attitudes toward issues of judicial
policy
-Variation between the distinct court and courts of appeals from one nomination to the
next and among administrations- Weight that presidents give to selection of judges with
strong ideological positions.
-Policy preferences then become primary criterion for selection of courts of appeals
nominees.
Senate Confirmation
-Senators now move willingly to block confirmation of nominees (especially in courts of
appeals)
-Confirmation traditionally tied to senatorial courtesy. If home state senators from
president's party did not support nomination, judiciary committee did not consider it.
, -Negative side= home state senators still havve considerable power to prevent
confimation
-Average time for nomination to confirmation has lengthened considerably.
The Selection of State Judges - Correct Answers -The formal Rules
5 categories for class-action of formal systems:
1. Gubernatorial appointment- the governor appoints judges state senate must approve.
2. Legislative election- legislature elects judges (2 states).
- 1 and 2 are found in the eastern seaboard
3. Partisan election- through partisan primary elections
-Found in south and midwest
4. Nonpartisan election- voters choose between andidates in a general election with no
party labels.
5. Missouri plan- commission of lawyers has been selected by colleagues and
nonlawyers selected by governor. Commission produces a short list of nominees
- 4 and 5- weakest geographic patterns
-Many states use different selection systems for different courts
-Length of judge terms varies across states. Most common= 6 years.
-Most states have mandatory retirement ages or ages beyond which judges cannot
seek new terms (usually 70)
-Drive for Missouri plan has slowed bc voters are reluctant to give up power to elect
judges
-Liberals favor Missouri plan, conservatives favor other systems.
-Provide starting point in determining how judges are chosen (formal rules)
The Operation of Elective Systems - Correct Answers --2/3 of states choose some of all
of their judges through partisan or nonpartisan elections.
Campaigns and voters
-Many elections fo uncontested
-Contests more likelyy wot states with partisan election systems
-While elections are contested, they vary in several respects; Quiet or Noisy contests.
Most are quiet
-Unlikely to learn much about the candidates before going to the polls.
-Candidates gender and ethnicity are influences on non-partisan elections
-Noisy contests- candidates spend substantial amounts of mom, more common at
Supreme Court level. Interest groups are aware that court decisions are important.
Judges, parties and other intended groups found that affective campaigns can be
waged against judicial candidates on the basis of policy issue.
-Issues: Personal injury law and criminal law- judicial policy on these two categories.
The situation of Incumbents
-Great majority of sitting judges win relection
-Challengeers with lower court experience do relatively welll
-Name recognition- important
-Partisan labels are more likely to win
Interim Apointment
