Am Govt Homework 3 Answers - Student Six
1. Describe the process for a case (lawsuit) in federal court, including where a federal case begins, where the first level of appeal is, and where the second possible level of appeal would be. Give a hypothetical example picking a beginning location in the nation for the case (e.g., New Jersey).
The lawsuit would start with a trial at the New Jersey District Court. If either party would like to appeal the decision, it could move on to the US Court of Appeals for the Third Circuit, where the case would be reviewed. After the Court of Appeals makes a decision, the losing party may petition to the Supreme Court for its review of the case. The only place that a trial actually takes place as at the district court level; the Court of Appeals and the Supreme Court simply review the cases presented before them.
2. What is the Rule of Four?
The rule of four states that if four of the nine the Supreme Court justices vote to hear a case, then a cert is granted.
3. Are federal judges elected? Should they be? Also, give an example of a non-Article III judge, and explain what that term means.
No, federal judges are appointed by the President with the approval of the Senate. I do not believe that Supreme Court justices should be elected, but I do believe they should be impeached more easily for cases that they plainly rule unconstitutionally. Non-article 3 judges, such as magistrate or bankruptcy judges, serve a fixed length term and are not guaranteed retention of their positions.
- Terrific answer again.
4. What are the two types of cases that are litigated in federal courts?
A case is litigated in a federal court if it involves U.S. Constitutional rights, or if it involves a claim of over $75,000 and it is between citizens of two different states.
- Almost perfect - there are also rights under federal law (not only the U.S. Constitution) which are litigated in federal court. (-1)
5. Discuss the influence of the media on politics.
Media influences politics through influencing the people. The media has established itself as a believable source of knowledge for the people, so that the people will trust almost anything media says. This trust gives the media an unsurpassed power over the simple decisions of the people, as the media can influence the people greatly it can gain control of the politicians with this influence.
6. Do you think it was smart for the Framers of the U.S. Constitution to agree to withhold information from the media during the Constitutional Convention? Explain.
I believe that it was extremely smart of the framers of the Constitution to withhold information from the media at The Constitutional convention, because if the information was given to the media, they would surely use it to gain influence in the convention, where they have no place.
7. "All issues are political issues," observed George Orwell. Do you think this can be true even for sports, entertainment, or fast food? Pick an example and discuss it.
All business relies on politics, as they need to be granted the lawful freedom to offer the greatest good or service for their consumers. The sports, entertainment, and fast food industries are simply businesses that rely on politics. I disagree on the wording of “all issues are political issues” I believe this is untrue as moral and spiritual issues are not political, there between you and God.
- Good answer again, except "there" should probably be "they are."
8. Explain the two bases on which the U.S. Supreme Court grants cert, and which one it likely used in granting cert in the violent video game case.
Extra credit (answer two of the following four questions):
9. Recently Apple won a billion-dollar patent case in federal district court in California against Samsung based on claims that Samsung had violated patents owned by Apple for the iPhone. Which court would handle the appeal? (Think about this question carefully before answering - many attorneys would give an incorrect answer.)
10. Where is the pardon power in the U.S. Constitution (include section and clause numbers), and upon whom does it confer the power to pardon? Was Governor Chris Christie acting pursuant to this power when he commuted Aitken's sentence? Explain.
11. Would a lawsuit by students demanding the right to establish a Bible club be brought in federal or state court? Which would increase the likelihood of success by the plaintiffs in such a case: a jury trial or a bench trial? Explain.
12. One federal appellate judge, whose decisions had been reversed by the U.S. Supreme Court more than any other judge, quipped words to the effect "it can't catch them all." What did he mean by that, and was he right?
- Total score: 69/70. Very good work - you should consider becoming an attorney one day.--Andy Schlafly 15:18, 9 October 2012 (EDT)