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©BRAINBARTER 2024/2025 CL Exam #1 Question With Verified Answers Article ( ) of the U.S. Constitution created the U.S. Supreme Court. - answerIII, "The Judicial Power shall be vested in One Supreme Court What does the Supreme Court do? - answerInterprets and clarifies ambiguities in the meani...

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  • September 29, 2024
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  • 2024/2025
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CL Exam #1 Question With Verified
Answers


Article ( ) of the U.S. Constitution created the U.S. Supreme Court. - answer✔III, "The Judicial
Power shall be vested in One Supreme Court

What does the Supreme Court do? - answer✔Interprets and clarifies ambiguities in the meaning
of the constitution. And decide cases (Orderly dispute resolution). (What they define things as
then apply to everyone.)

What should the Supreme Court BE? - answer✔Impartial and unbiased

SCOTUS is above both ( ) and ( ) courts - answer✔State and Federal

Statutory Cases: - answer✔Deciding about language in legislation

Constitutional Cases: - answer✔About legislation and other actions of government- do they "fit"
with the constitution

The government has to ( ) something to make it unconstitutional - answer✔violate

Party that lost in lower court and is bring the case to SCOTUS - answer✔Appellant/Petitioner

Party that won in lower court - answer✔Appellee/Respondent

Affirm - answer✔Agree with the lower court's decision

Reverse - answer✔Disagree with lower court's decision

Remand - answer✔To send a case back to a lower court to be tried again (Fix It)

Concurrence - answer✔the agreement of a judge with the court's majority decision, for a reason
other than the majority reason

Dissent - answer✔To disagree

The Legal Rule - answer✔Word, Phrase, or Sentence in an opinion that explains the WHY of the
decision. It will guide future cases and actions. Overall it is an attempt to clarify AMBIGUITIES
in the Constitution and DEFINES the meaning of the constitution. It is the law!

, ©BRAINBARTER 2024/2025


The Legal Rule is ( ) - answer✔Precedent

Congress can.... - answer✔1. Change the number of justices (Doesn't have to be 9)
Change the CONSTITUTION (if they feel SCOTUS got it Wrong!!!)
2. Influence types of Cases SCOTUS reviews (change their jurisdiction)


3. Impeach Justices

Congress cannot ( ) SCOTUS - answer✔Get Rid of/Abolish

The ( ) is the first amongst equals - answer✔Chief Justice

Majority - answer✔More than half of the justices (At least 5-4)

Plurality - answer✔Most in agreement but not necessarily the majority (Could be something like
4, 3, 2)

Concurrence - answer✔the agreement of a judge with the court's majority decision, for a reason
other than the majority reason

Dissent - answer✔to disagree

Legal Model: - answer✔a view of judicial decision making that argues that judges make
decisions based solely on THE LAW

Attitudinal Model - answer✔A view of judicial decision making that argues judges make
decisions based on their political ideologies that they want realized through their rulings.
However this model ignores the fact that justices need the MAJORITY to make decisions. (They
can't decide all alone)
Political Models suggest that something other than ( ) helps justices make their decisions -
answer✔The Law

Justices vote together unanimous (9-0) decisions ( ) % of the time - answer✔55-60%

Using conservative v. Liberal to label the justices fails to... - answer✔1. Reflect their role and
task of judicial review (They should be neutral and unbiased!!!)


2. Consider that their rulings reach across political divides (9-0 rulings especially)


3. Account for the fact that they may prefer incremental change rather than extreme shifts

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