Iss 225 John Molloy Final Exam Study Guide Fall Semester 2012

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`ISS 225: POWER, AUTHORITY & EXCHANGE

Study Guide, Final Exam, Fall 2012 Unit IV: Courts and Civil Liberties

Professor Molloy

The final exam will be given in the regular classroom 109 South Kedzie Hall

Section 001 will take its final on Monday, Dec. 10 from 7:45-9:45 a.m.

Section 002 will take its test on Monday, Dec. 10 from 12:45 - 2:45 p.m.

The classroom is not large enough to accommodate two large sections, so you must take the exam when it is scheduled by the university.

The final will cover all reading assignments indicated on the course outline for Unit IV: all of Molloy book, Landmarks in Liberty; Chapter 6 in Politics, Power and Authority and lecture materials presented November 5th –December 6th.

THE COURTS

Why is it said that the U.S. has a dual court system? There is a federal judicial system and 50 state court systems. What is the meaning of the concept of jurisdiction? A court has the right to hear a particular type of case. What is the meaning of the doctrine of “presumption of validity?” Courts must assume that, unless the burden of the evidence is clearly to the contrary, legislatures would not enact or executives sign into law measures which violate the constitution.

What is the meaning of the term “stare decisis?”? Legal term meaning let the decision stand. Establishes precedents stand unless overruled. Judges may overrule if they have compelling reasons to establish new precedents.

What is the difference between a misdemeanor and a felony? An anti-social conduct that is relatively minor is called a misdemeanor. A felony is a disorderly conduct that is more severe.
What happens in the event of a conflict between a state law and a Federal law or a state law and a U.S. treaty? Federal law overrides state law any day. What is meant by “judicial activism?” Interpretation of the constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decision. “Judicial self-restraint?” a self-imposed limitation on judicial decision making

How are Federal judges chosen? Federal judges are nominated by the president and voted on by the senate. What is the term of a Federal judge? Term ends when justice dies.
Why has the U.S. Senate Judiciary Committee come under fire for the manner in which it “screens” appointees to the U.S. Supreme Court? Justices are declined if they politically go against the senate. Why did the committee reject Judge Robert Bork as a Supreme Court justice? He did not politically agree with the democratic run senate. What does it mean that Senators Joe Biden, Ted Kennedy and Howard Metzenbaum “borked” a Supreme Court nominee? They voted against a justice because of their political party.

What was the nature of the political uproar over the nomination of Clarence Thomas to be a Supreme Court justice? He was accused of sexual assault. Who is Anita Hill? A law professor who accused Clarence Thomas of sexual assault.

What are the provisions of Article III of the U.S. Constitution regarding the Federal judiciary? It establishes the judicial branch of the federal government. It establishes jurisdiction between the courts based on subject matter or the nature of the parties. It declares that the power of judicial power of the United States shall be vested in one supreme court. There is no specific provision anywhere in article III giving Federal courts the power of judicial review. What was the importance of Marbury v. Madison? The case that established judicial review. What is judicial review? Review by the Supreme Court of the constitutional validity of a legislative act. What, if anything, can be done to overturn a U.S. Supreme Court decision? Nothing can be done unless it involves amending the constitution, or if the court rules on something that contradicts a previous ruling. Who controls the Supreme Court’s docket? The supreme court itself does. What is the “rule of four?”...
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