Am Govt Homework 3 Answers - Student Five
MorganT’s Homework for Lecture 3
Answer the first five questions, and then two of the remaining three:
1. A case in federal court begins in a local court. If the case is deemed worthy of further dispute, the case is sent to one of thirteen Courts of Appeals. In most cases, the lawsuit ends at the Court of Appeals. But in some cases, the lawsuit is brought to a second level of appeal: the Supreme Court. Consider a case beginning in New Jersey. If the local court granted “cert” to the case, the case would be sent to the U.S. Court of Appeals for the Third Circuit. If the case involves an issue of immense national interest or if the case involves conflict between various Courts of Appeals, the Supreme Court justices vote to hear the case. If four out of nine justices decide they want to hear the case, the Supreme Court gets to hear the lawsuit.
- This isn't right, except for the last two sentences. The district court hears all cases presented to it, and does not "grant cert" (only the U.S. Supreme Court among federal courts grants cert). Trial occurs in the district court, and then appeals are to the U.S. Court of Appeals. Also, the question asked for a specific example. (-4)
2. “The Rule of Four” means that if four of the nine Supreme Court Judges vote to hear a case, the case’s petition for cert is granted.
3. Federal judges (or Article III judges) are not elected; rather, Article III judges are appointed by the president and approved by the Senate. Non-Article III judges are elected by the people to serve for fixed terms. Because judges elected by Americans tend to be more conservative than judges appointed lawyers and politicians, Americans should be able to elect federal judges who agree with voters’ principles.
- Non-Article III federal judges are not elected either. (-1) Otherwise your answer is good, but the question asked for an example of a non-Article III judge. (-1)
4. Cases involving conflict in different parts of the Nation and cases involving an issue of immense national interest are litigated in federal courts.
5. Regarding politics, the media tends to have a strong democratic and liberal bias. Media has an incredible influence on the public. The media controls the public’s perception, and “perception is reality.” Because of its ability to control the way American citizens perceive a particular candidate, the media has the ability to alter the way people vote.
- Superb analysis.
6. Yes, I think it was brilliant of the Framers of the U.S. Constitution to agree to withhold information from the media. The media, due to its biases, often misconstrues information. Sometimes the media can stir up the public and incite wars and rebellions. Especially during a nation-altering event, it was better for the public to be uninformed than to be misinformed.
7. “All issues are political issues,” even in seemingly nonpolitical circumstances. Consider fast food joints. The media declares that American obesity is directly linked to American consumption of fast food. In response, the fast food chains react by striving to create healthy options for costumers. When Wendy’s® succeeds in creating healthy and inexpensive food, the media is for Wendy’s®. Sometimes fast food and politics are literally involved in one another’s business. For example, certain politicians attempted to ban large soda consumption in a liberal plot to cure American obesity.
- Very good answer, with an example.
Extra Credit (Answer two of the following four questions):
9. The Federal Circuit would handle the appeal, since the case involves the specific issue of patents.
10. The federal appellate judge meant that the U.S. Supreme Court could not “catch” and reverse every decision he made. Because a 3-judge panel renders decisions in an appellate court, this particular judge will only need one other federal judge to side on his decision. The odds of the judge’s decisions getting reversed or not are 50/50. So although all of his decisions thus far have been reversed, he will likely agree with another judge at some point. When that agreement happens, it will create a 2/3-majority vote and the Supreme Court cannot reverse that decision.
- No. The judge's quote refers to how the Supreme Court grants cert in only 1% of the cases. The U.S. Supreme Court always has authority to overturn lower court decisions. (-3)
- Grade: 81/90. Good work.--Andy Schlafly 15:09, 9 October 2012 (EDT)