Court Case Written Brief
Summary
A written brief in a court case is a legal argument submitted by a party to persuade the court to uphold its position. The Supreme Court has original and appellate jurisdiction but not tribal or district court jurisdiction. District courts handle jury trials. Supreme Court opinions explain justices legal bases for decisions. Federal judges are appointed by the president and confirmed by the Senate. The Supreme Court issues writs of certiorari to review lower court cases. Judicial review allows courts to invalidate unconstitutional laws or actions.Full Conversation
Select all that apply
The Supreme Court has which of the following?
Multiple select question.
tribal jurisdiction
original jurisdiction
appellate jurisdiction
district court jurisdiction
The Supreme Court has:
- Original jurisdiction: Yes, it is the authority to hear cases for the first time.
- Appellate jurisdiction: Yes, it is the authority to review decisions of lower courts.
- Tribal jurisdiction: No, tribal jurisdiction generally pertains to tribal courts, not the Supreme Court.
- District court jurisdiction: No, district courts have their own jurisdiction.
- Original jurisdiction: Yes, it is the authority to hear cases for the first time.
- Appellate jurisdiction: Yes, it is the authority to review decisions of lower courts.
- Tribal jurisdiction: No, tribal jurisdiction generally pertains to tribal courts, not the Supreme Court.
- District court jurisdiction: No, district courts have their own jurisdiction.
Multiple Choice Question
The federal court that features two sides presenting a case to a jury for a verdict is Blank______.
Multiple choice question.
a court of appeals
a special claims court
a district court
the Supreme Court
The federal court that features two sides presenting a case to a jury for a verdict is a district court. This is where most federal cases begin, and it's often the venue for jury trials.
write only the answer
The correct answer is "a district court". This is where most federal cases start, and it's often where jury trials take place.
A Supreme Court Blank______ explains the justices' legal basis for their decision.
Multiple choice question.
deliberation
writ
opinion
brief
The correct answer is "opinion". A Supreme Court "opinion" explains the justices' legal basis for their decision.
rue or false: The Constitution requires that federal judges be citizens and at least thirty years old.
True false question.
True
False
False. The U.S. Constitution doesn't specify any citizenship or age requirements for federal judges, including Supreme Court justices. They are appointed by the President and confirmed by the Senate.
What happens during the writing of a Supreme Court opinion?
Multiple choice question.
The justice writing the opinion separates from the other justices to avoid being influenced by them.
Each justice writes an opinion and then a law clerk is assigned to merge them in preparing the final document.
The chief justice always writes the opinion, as the official voice of the Court.
The justice assigned to write the opinion will continue to speak with the other justices while preparing the opinion.
The correct answer is "The justice assigned to write the opinion will continue to speak with the other justices while preparing the opinion." The justice writing the opinion often discusses drafts with other justices to gain their support.
Select all that apply
Which of the following are most likely to persuade the Supreme Court justices to review a case?
Multiple select question.
if the legal issue raised is being handled inconsistently by the lower courts
if a state government has requested that the Supreme Court accept the case
if a lower court has refused to accept a case
if a lower court ruling conflicts with a previous Supreme Court decision
The Supreme Court justices are most likely to review a case if:
- The legal issue raised is being handled inconsistently by the lower courts
- A state government has requested that the Supreme Court accept the case
- A lower court ruling conflicts with a previous Supreme Court decision
The refusal of a lower court to accept a case does not necessarily persuade the Supreme Court to review it.
- The legal issue raised is being handled inconsistently by the lower courts
- A state government has requested that the Supreme Court accept the case
- A lower court ruling conflicts with a previous Supreme Court decision
The refusal of a lower court to accept a case does not necessarily persuade the Supreme Court to review it.
Multiple Choice Question
During a Supreme Court hearing, who presents oral arguments?
Multiple choice question.
the defendant in the case
the witnesses in the case
the plaintiff in the case
the attorneys for each side
The correct answer is "the attorneys for each side". During a Supreme Court hearing, it's the attorneys for each side who present oral arguments.
Which of the following is not part of the Missouri Plan for selecting state-level judges?
Multiple choice question.
The governor appoints a judge from a list of acceptable candidates.
A judicial selection commission creates a list of approved candidates.
Voters in the state vote to allow the appointed judge to stay in office.
The political parties nominate judicial candidates to run for office.
The option "The political parties nominate judicial candidates to run for office" is not a part of the Missouri Plan. In this method, a non-partisan commission presents a list of candidates to the governor for appointment.
Multiple Choice Question
Which of the following is true of appeals to the Supreme Court?
Multiple choice question.
There are no specific criteria for appeals to the Supreme Court.
The issue must directly affect one of the branches of the federal government.
The issue must involve a federal constitutional question or federal law.
The issue must involve criminal law.
The correct answer is "The issue must involve a federal constitutional question or federal law". The Supreme Court typically hears cases that raise important questions about the Constitution or federal law.
What percentage of the nation's legal cases are decided by state and local courts?
Multiple choice question.
less than * percent
about * percent
more than * percent
about * percent
The correct answer is "more than * percent". Most of the nation's legal cases are decided by state and local courts. These courts handle a wide variety of cases, including most criminal cases, divorces, and other family law cases.
True or False Question
True or false: The Supreme Court's decision gives the legal basis for the Court's ruling.
True false question.
True
False
True. The Supreme Court's decision, often articulated in an opinion, lays out the legal reasoning and basis for the Court's ruling.
Match each type of Supreme Court decision with its description.
Drag and drop application.
Majority opinion
Majority opinion drop zone empty.
Plurality opinion
Plurality opinion drop zone empty.
Concurring opinion
Concurring opinion drop zone empty.
Dissenting opinion
Dissenting opinion drop zone empty.
Per curiam opinion
Per curiam opinion drop zone empty.
issued by a justice in the majority when that justice disagrees with all or part of the majority's reasoning
issued as an unsigned decision for the Court as a whole
issued when all or most of the justices agree on the legal basis of a decision
issued by one or more justices on the losing side to explain their reasoning
issued when some justices agree on the majority's decision but disagree with the legal basis for it
Need help? Review these concept resources.
Sure, I can help you match these descriptions to the types of Supreme Court decisions:
- A Majority opinion is issued when all or most of the justices agree on the legal basis of a decision.
- A Plurality opinion is issued when some justices agree on the majority's decision but disagree with the legal basis for it.
- A Concurring opinion is issued by a justice in the majority when that justice disagrees with all or part of the majority's reasoning.
- A Dissenting opinion is issued by one or more justices on the losing side to explain their reasoning.
- A Per curiam opinion is issued as an unsigned decision for the Court as a whole.
- A Majority opinion is issued when all or most of the justices agree on the legal basis of a decision.
- A Plurality opinion is issued when some justices agree on the majority's decision but disagree with the legal basis for it.
- A Concurring opinion is issued by a justice in the majority when that justice disagrees with all or part of the majority's reasoning.
- A Dissenting opinion is issued by one or more justices on the losing side to explain their reasoning.
- A Per curiam opinion is issued as an unsigned decision for the Court as a whole.
The Constitution specifies that all federal judges, including Supreme Court justices, shall be Blank______.
Multiple choice question.
graduates of accredited law schools
practicing attorneys
appointed by the president and confirmed by the Senate
appointed by Congress and confirmed by the Supreme Court
The correct answer is "appointed by the president and confirmed by the Senate". As per the U.S. Constitution, all federal judges, including Supreme Court justices, are appointed by the president and must be confirmed by the Senate.
When four Supreme Court justices agree to request a record of the case from a lower court, the court issues a Blank______.
Multiple choice question.
writ of habeas corpus
declaratory judgment
peremptory challenge
writ of certiorari
The correct answer is "writ of certiorari". When four Supreme Court justices agree to request a record of a case from a lower court, the court issues a writ of certiorari. This is essentially a request to review the case.
Why are future Supreme Court nominees unlikely to be rejected by the Senate?
Multiple choice question.
because the use of the filibuster has been abolished for Supreme Court nominations
because future nominees are unlikely to be as controversial as they have been in recent decades
because of an agreement between the parties in the Senate
because of fallout from Republican inconsistency on voting for nominees in election years
The reason future Supreme Court nominees are unlikely to be rejected by the Senate is primarily because the use of the filibuster has been abolished for Supreme Court nominations. This makes it easier for a simple majority to confirm a nominee.
choose the best answer
The correct answer is "because the use of the filibuster has been abolished for Supreme Court nominations". This change means a simple majority can confirm a nominee, making rejections less likely.
Each of the * states structures and maintains its own Blank______.
Multiple choice question.
court system
federal circuit court
federal district court
patent court
The correct answer is "court system". Each of the * states structures and maintains its own court system. These systems vary, but they typically include both trial courts and appellate courts.
Presidents typically nominate people to lower-court judgeships Blank______.
Multiple choice question.
whose party affiliations are different from their own
who are recommended by the governors of the potential judges' states
who have first served in the attorney general's office
who are members of their political party
The correct answer is "who are members of their political party". Usually, Presidents nominate people who share their political ideology for lower-court judgeships.
Federal courts usually do not intervene into state court matters unless a Blank______ issue or law is involved.
Multiple choice question.
common
criminal
business
federal
The correct answer is "federal". Federal courts typically do not intervene in state court matters unless a federal issue or law is involved.
Approximately what percentage of Donald Trump's judicial appointees were minority-group members?
Multiple choice question.
about * percent
fewer than * percent
about * percent
He made no minority appointments.
The correct answer is "fewer than * percent". It's reported that less than * percent of former President Donald Trump's judicial appointees were members of minority groups.
Select all that apply
Which of the following are issued by the Supreme Court after hearing a case?
Multiple select question.
one or more opinions
an appeal
oral arguments
The Supreme Court issues the following after hearing a case:
- One or more opinions: These are the justices' explanations of the legal reasoning behind their decisions.
- An appeal and oral arguments are not issued by the Supreme Court after hearing a case. These are parts of the case proceedings.
- One or more opinions: These are the justices' explanations of the legal reasoning behind their decisions.
- An appeal and oral arguments are not issued by the Supreme Court after hearing a case. These are parts of the case proceedings.
While serving on the Court, Supreme Court justices tend to Blank______.
Multiple choice question.
make decisions in line with their views when they were nominated to the Court
make very different decisions from those they were expected to make upon their nomination
discuss their decisions often in various media outlets
issue more dissenting opinions than could be predicted from their backgrounds
The correct answer is "make decisions in line with their views when they were nominated to the Court". Supreme Court justices often make decisions that align with their ideological views at the time of their nomination.
True or false: Less than * percent of presidential nominees to the Supreme Court have been rejected by the Senate on grounds of judicial qualification, legal views, personal ethics, or partisanship.
True false question.
True
False
True. Historically, less than *% of presidential nominees to the Supreme Court have been rejected by the Senate on grounds of judicial qualification, legal views, personal ethics, or partisanship.
Until Sandra Day O’Connor was appointed in *, Blank______.
Multiple choice question.
the Supreme Court never had a Protestant majority
no Jewish justices had ever served
no woman had served on the Supreme Court
four women had served on the Supreme Court
The correct answer is "no woman had served on the Supreme Court". Sandra Day O'Connor was the first woman to serve on the Supreme Court after her appointment in *.
Federal judges play a role in the creation of law and public policy because
Multiple choice question.
legislative statutes cover all applications of specific acts.
the Constitution can be interpreted in a number of ways.
the judicial branch is the most powerful branch of the government.
federal judges exist in most U.S. states.
The correct answer is "the Constitution can be interpreted in a number of ways". Federal judges, through their rulings, often interpret the Constitution and thereby influence law and public policy.
A Supreme Court Blank______ explains the justices' legal basis for their decision.
Multiple choice question.
writ
brief
deliberation
opinion
The correct answer is "opinion". A Supreme Court "opinion" explains the justices' legal basis for their decision.
Supreme Court justices tend to vote according to their personal Blank______.
Multiple choice question.
economic preferences
cultural interests
political attitudes
educational institutions
The correct answer is "political attitudes". Supreme Court justices tend to vote according to their personal political attitudes. It's common for justices to align their decisions with the ideologies of the political party of the President who appointed them.
Supreme Court nominations in recent years have been Blank______ in the Senate.
Multiple choice question.
easily confirmed
barely defended
thoroughly rejected
bitterly contested
The correct answer is "bitterly contested". Supreme Court nominations in recent years have often been the subject of intense debate and controversy in the Senate.
Chief Justice John Roberts has observed that the Supreme Court Blank______.
Multiple choice question.
needs to take public opinion into account in more of its decisions
should become more involved in the political process
is not a political branch of government, and the public has to accept its decisions
does not have enough contact with the general public, and it needs to reach out more often
The correct answer is "is not a political branch of government, and the public has to accept its decisions". Chief Justice John Roberts has frequently stated that the Supreme Court is not a political branch of government.
Presidents typically nominate people to lower-court judgeships Blank______.
Multiple choice question.
who have first served in the attorney general's office
who are recommended by the governors of the potential judges' states
whose party affiliations are different from their own
who are members of their political party
The correct answer is "who are members of their political party". Presidents usually nominate individuals to lower-court judgeships who share their own political affiliations.
The term precedent refers to Blank______.
Multiple choice question.
the right of an accused to have legal representation
previous court rulings on similar cases
a geographic district for an appeals court
a written opinion about a court case
The correct answer is "previous court rulings on similar cases". A precedent in law refers to a previous court decision that serves as a rule or pattern in future similar cases.
True or false: Studies by political scientists have shown that Supreme Court justices tend to vote according to their political attitudes.
True false question.
True
False
True. Studies show that Supreme Court justices often vote in line with their personal political attitudes. These attitudes often align with the ideologies of the Presidents who appointed them.
Statutory laws are created by which branch of government?
Multiple choice question.
military
legislative
bureaucracy
judicial
executive
The correct answer is "legislative". Statutory laws are created by the legislative branch of government. These laws are written, discussed, and passed by the legislature.
The Supreme Court, recognizing public opinion in the Brown v. Board of Education case, required local school systems to Blank______.
Multiple choice question.
desegregate "with all deliberate speed" instead of immediately
enroll all Black students in segregated schools within one month
establish separate schools for white students and Black students
hire only teachers who had taught in African American schools
The correct answer is "desegregate 'with all deliberate speed' instead of immediately". In the Brown v. Board of Education case, the Supreme Court ordered school systems to desegregate, but did not require immediate action.
Judicial review is a term that refers to the power that courts have to Blank______.
Multiple choice question.
revise any law presented to them
invalidate a law or action on constitutional grounds
overturn a decision by a lower court in the federal court system
propose new legislation to Congress
The correct answer is "invalidate a law or action on constitutional grounds". Judicial review is the power of the courts to examine and invalidate actions of the legislative and executive branches if they are found to be unconstitutional.
Which interest group regularly files cases seeking to protect individual rights?
Multiple choice question.
ACLU
AARP
MoveOn
Sierra Club
The correct answer is "ACLU". The American Civil Liberties Union (ACLU) is known for regularly filing cases to protect individual rights.
According to the doctrine of judicial restraint, judges should Blank______.
Multiple choice question.
not disagree with other judges in legal matters
seek ways to expand the protections implied in the Constitution
hesitate to overturn lower-court decisions
generally defer to the policy decisions made by elected officials
The correct answer is "generally defer to the policy decisions made by elected officials". The doctrine of judicial restraint suggests judges should avoid interfering with the decisions of elected officials where possible.