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Judiciary '23, O'Brien 3&4, Carp et al. 8&9

Horizontales
Contrary to the institutional norm of secrecy, various law clerks and ___ have sat for interviews, and ___ have made their private notes and papers available to the public.
The level of work and responsibility of Supreme Court law clerks vary, depending on the judge, but most justices admit to not writing the first draft of their decisions.
A misdemeanor is a relatively ____ crime, punishable by fines and/or confinement of a relatively short period of time.
"Friend of the court" briefs, known as ___ briefs, are filed on behalf of non-parties who have an interest in the outcome of the case.
Important group of outside actors in the judicial process are ___ groups. Describing their role and impact would be a good essay question.
The party who often has an advantage in the legal system is the party with the most ___.
The Court has responded to the rising caseload and workload in ways that can be categorized into three broad institutional responses, including (1) ___ responses (Court’s terms lengthened, time allowed for oral arguments shortened, and staff grew) (2) jurisdictional changes (enlarging power of discretionary review, and creating new lower appellate courts so that the justices may decide only those cases of national importance), and (3) changes in procedures and processes (formal procedural rules and informal processes and practices in the screening and disposing of cases may be modified by the justices, such as raising filing fees, changing formal requirements for accepting cases, and charging penalties for bringing frivolous cases.) (Describing these institutional responses to increasing caseloads, with examples, would be a good essay question.)
There are both constitutional and statutory restrictions on ___ bargaining, the process involving the prosecutor bargaining with the criminal defendant's attorney to extend some form of leniency in exchange for a guilty ___.
Chief Justice William Howard Taft wrote in a 1925 Yale Law Journal article that “The function of the Supreme Court had become not the remedy of a particular litigant’s wrong, but the consideration of cases whose decision involves principles, the application of which are of ___ governmental or public interest, and which should be authoritatively declared by the final court.”
Chief Justice John Marshall cultivated collegiality by having all of the justices room at the same boardinghouse, dine together, and discuss cases in the evenings, thus working toward Marshall's goal of arriving at ___ opinions. He believed ___ opinions would build the Court’s prestige.
The Code of ___ for Supreme Court Law Clerks, instructs them not to discuss the work of the Court with anyone other than the justices or their fellow clerks, even after their clerkship year has ended, and that even discussions with law clerks from other chambers should be "circumspect” and “avoid any hint about the Justice’s likely action in a pending case.”
What is the name of the process by which the court establishes and maintains its internal procedures and norms, and defines and differentiates its role from that of the other political branches?
Screening cases, use of the certiorari pool, conference discussions are all components of how the Supreme Court sets it ___, deciding what to decide.
___ procedures, following an arrest include appearance before a magistrate, the grand jury process or preliminary hearing, the arraignment, and the possibility of a plea bargain.
Chief Justice ___ is considered the best with regard to how he ran the Court's case conferences because he was well prepared, concise, and kept things moving.
The ways in which the legal ___ changed in the 1900's would be a great essay question.
One important part of the US Department of Justice is the Office of Solicitor ___. Describing the work of this office and the impact it has on the docket of the US Supreme Court would be a good essay question.
From 1860 until 1935, the Supreme Court met in its “old ___ Chamber” on the ground floor of the Capitol.
In part a result of Chief Justice Taft's lobbying, Congress passed the Judiciary Act of 1925, replacing mandatory appeals with petitions for ___, extending the Court’s discretionary jurisdiction.
The head of the US Department of ___ is the US Attorney General, a cabinet level position.
Chief Justice ___ contributed to the development of the Court’s institutional identity by successfully lobbying Congress for the construction of a magnificent building of its own.
One essential element of a crime is mens rea, or the mental element of mental culpability. Describing the several general elements of a crime (no crime without a law, actus reus, mens rea, requirement of an injury) and their general application to a potential crime, would be a good essay question.
Verticales
Christopher Columbus Langdell, Dean of the Harvard law school appointed in 1870, had a lasting impact on ______. He implemented changes that were emulated by other schools and that carry on in some form to the present day. These changes included strict entrance requirements, adoption of a three year program by 1876, students had to pass end of year exams to continue on to the next year, implementation of a case method of teaching, (rather than textbooks, cases chosen to teach and explain various principles of law), and use of a question and answer socratic method of teaching.
Justice Frankfurter (1939-1962, appointed by FDR) once said of the Supreme Court that “it is an institution in which every man is his own ___.”
Short ___ keep law clerks from wielding too much power in the Supreme Court.
Chief Justice ___ really shaped the early Court, instituting regularized procedures and enhancing the court’s prestige.
Four considerations that justices are looking for in selection of ___ clerks include: 1) their particular law school 2) specific geographic regions 3) prior clerking experience on certain courts or with certain judges 4) ideological and personal compatibility.
Types of crimes can be sorted into five broad categories based on their ___ policy implications. The five categories are conventional crimes, economic crimes, syndicated crime, consensual crime, and political crime. Describing one or more of these categories, characteristics, with examples, and considerations particular to their prosecution would be a good essay question.
A ___ is an offense against the state, prohibited by statute, and punishable by fine, imprisonment or death. Describing in what ways crimes are objective, and in what ways crimes are subjective would be a good essay question.
The title of the federal prosecutor in each federal judicial district responsible for federal law enforcement in that district is the US _____. Describing the origin of this position and describing their responsibilities and how they are carried out would be a good essay question.
___ the judicial policy of “letting the prior decision stand” is usually followed by the Supreme Court, meaning most precedents are not reversed, but the Court can and does ignore this principle under certain circumstances. Describing the circumstances under which reversals of prior decisions are more likely to occur would be a good essay question.
The US justice system uses an __ process, rather than the inquisitorial method used in most other Western justice systems.
The working conditions of the early Supreme Court justices was very difficult, in large part because they had to ride ___.
The impacts the Great ___ (Dec 2007-June 2009) and the Pandemic Era (2020-) have had on the legal profession would be a great essay question.
____ is the theory that justices disproportionately grant cert. cases in which one or more of the following cues are present: 1) a civil liberties issue, 2) disagreement in lower courts and 3) the involvement of the federal government as the petitioner. Studies show that the strongest correlation between any of these cues is the participation of the government. Discussing Dept. of Ed. v. Brown in relation to cue theory and S.Ct. case selection would be a good essay question topic.
For the first few decades of its existence, the Supreme Court did not even have its own ____.
Precedents based on Constitutional issues are more likely to be reversed than precedents based on statutory interpretation, because if Congress does not like a previous decision, they can ___ the statute.
The Court has struggled over the years with establishing and maintaining its desired norm of ___. ___ is expected, but in conflict of the growth of the Supreme court staff and bureaucracy.
The first step in the procedures leading up to the criminal trial is the ___, which can be with a court-issued warrant on a finding of probable cause, or without a warrant when a crime is committed in the presence of a law enforcement officer or when a law enforcement officer has reason to belief that someone has committed or is about to commit a crime.
A felony is a serious crime, defined by the severity of its defined punishment of death or imprisonment, or in some jurisdictions, imprisonment for a minimum certain length of ___ in prison.