POS2041 FINAL EXAM QUESTIONS
WITH VERIFIED ANSWERS
Gideon v Wainwright - Answer--people have the right to an attorney if they cannot afford
one
-government can appoint an attorney
/.Habeus Corpus - Answer--To have the body
-a writ requiring a person under arrest to be brought before a judge or into court,
especially to secure the person's release unless lawful grounds are shown for their
detention.
/.Roe v Wade - Answer--• Woman chooses what to do with their body
-14th amendment
/.Right to privacy - Answer--14th amendment
/.Writ of certiorari - Answer--rule of 4 justices willing to hear the case
-real and adverse dispute
/.Marbury v Madison - Answer--judicial review
/.Chief Justice - Answer-the justice on the supreme court who presides over the courts
public sessions
/.John Marshall - Answer--chief justice
-------*******
/.Judicial Review - Answer--the power of the courts to determine whether the actions of
the president, the congress, and the state legislatures are or are not consistent with the
constitution. Asserted in Marbury v Madison
/.Majority Opinion - Answer--a judicial opinion agreed to by more than half of the
members of a court. A majority opinion sets forth the decision of the court and an
explanation of the rationale behind the court's decision.
/.Concurring Opinion - Answer--an opinion agreeing with the decision of the majority in a
supreme court case but not with the rationale provided in the majority opinion
/.Dissenting Opinion - Answer-a decision written by a justice who voted with the minority
opinion in a particular case in which the justice fully explains the reasoning behind his or
her opinion
, /.# of justices on the supreme court - Answer-9
/.Stare Decisis - Answer--literally "let the decision stand" the doctrine whereby a
previous decision by a court applies as a precedent in similar cases until that decision is
overruled
/.Senatorial courtesy/ appointments - Answer--The practice whereby the president,
before formally nominating a person for a federal district judgeship, finds out whether
the senators from the candidates state support the nomination
/.Criminal law - Answer--the branch of law that regulates the conduct of individuals,
defines crimes, and specifies punishment for proscribed conduct
-any provisions prohibited by statute
/.Civil Law - Answer--the branch of law that deals with disputes that do not involve
criminal penalties
-disputes between individuals
/.Public Law - Answer--cases involving the actions of public agencies or officials
- ex obamacare
/.Federal district courts (geography/function) - Answer-- considered courts of original
jurisdiction
/.Appellate courts (function) - Answer--the class of cases provided in the constitution
and by legislation that may be appealed to a higher court from a lower court
/.Original jurisdiction - Answer--the class of cases provided in the constitution (Article 3)
that may be taken directly to a federal court
/.Grand juries - Answer--hears evidence and decides whether there is enough
information to indict and move on to trial
/.Article III provisions - Answer--Disputes between the states
-Cases involving foreign dignitaries
-Cases involving the federal government and the state
/."Real and adverse" - Answer--screening out cases
-NOT hypothetical cases
/.Solicitor general - Answer--Number 3 person in department of justice
-top government lawyer of all appellate courts
-no review of his action
-screen cases before the supreme court
WITH VERIFIED ANSWERS
Gideon v Wainwright - Answer--people have the right to an attorney if they cannot afford
one
-government can appoint an attorney
/.Habeus Corpus - Answer--To have the body
-a writ requiring a person under arrest to be brought before a judge or into court,
especially to secure the person's release unless lawful grounds are shown for their
detention.
/.Roe v Wade - Answer--• Woman chooses what to do with their body
-14th amendment
/.Right to privacy - Answer--14th amendment
/.Writ of certiorari - Answer--rule of 4 justices willing to hear the case
-real and adverse dispute
/.Marbury v Madison - Answer--judicial review
/.Chief Justice - Answer-the justice on the supreme court who presides over the courts
public sessions
/.John Marshall - Answer--chief justice
-------*******
/.Judicial Review - Answer--the power of the courts to determine whether the actions of
the president, the congress, and the state legislatures are or are not consistent with the
constitution. Asserted in Marbury v Madison
/.Majority Opinion - Answer--a judicial opinion agreed to by more than half of the
members of a court. A majority opinion sets forth the decision of the court and an
explanation of the rationale behind the court's decision.
/.Concurring Opinion - Answer--an opinion agreeing with the decision of the majority in a
supreme court case but not with the rationale provided in the majority opinion
/.Dissenting Opinion - Answer-a decision written by a justice who voted with the minority
opinion in a particular case in which the justice fully explains the reasoning behind his or
her opinion
, /.# of justices on the supreme court - Answer-9
/.Stare Decisis - Answer--literally "let the decision stand" the doctrine whereby a
previous decision by a court applies as a precedent in similar cases until that decision is
overruled
/.Senatorial courtesy/ appointments - Answer--The practice whereby the president,
before formally nominating a person for a federal district judgeship, finds out whether
the senators from the candidates state support the nomination
/.Criminal law - Answer--the branch of law that regulates the conduct of individuals,
defines crimes, and specifies punishment for proscribed conduct
-any provisions prohibited by statute
/.Civil Law - Answer--the branch of law that deals with disputes that do not involve
criminal penalties
-disputes between individuals
/.Public Law - Answer--cases involving the actions of public agencies or officials
- ex obamacare
/.Federal district courts (geography/function) - Answer-- considered courts of original
jurisdiction
/.Appellate courts (function) - Answer--the class of cases provided in the constitution
and by legislation that may be appealed to a higher court from a lower court
/.Original jurisdiction - Answer--the class of cases provided in the constitution (Article 3)
that may be taken directly to a federal court
/.Grand juries - Answer--hears evidence and decides whether there is enough
information to indict and move on to trial
/.Article III provisions - Answer--Disputes between the states
-Cases involving foreign dignitaries
-Cases involving the federal government and the state
/."Real and adverse" - Answer--screening out cases
-NOT hypothetical cases
/.Solicitor general - Answer--Number 3 person in department of justice
-top government lawyer of all appellate courts
-no review of his action
-screen cases before the supreme court
