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Judiciary 2024, Carp et al. Chs. 3-6, O'Brien Ch. 2

Horizontales
The Respondents in Trump v. Anderson et al. assert that the properly framed questions the U.S. Supreme Court must decide are: 1. Does Trump's conduct amount to “engag[ing] in insurrection” for purposes of Section 3 of the 14th ___, and has Trump shown that the facts found by the trial court were clearly erroneous? 2. Does Section 3 apply to insurrectionist former Presidents? 3. May a state exclude from its presidential primary ballot a candidate who is constitutionally ineligible for the Presidency under Section 3? 4. Did Trump forfeit his Electors Clause challenge to the state courts’ interpretation of the Colorado Election Code, and if not, was that interpretation so baseless as to amount to a usurpation of legislative power?
State ___ courts' jurisdictions vary based on the varied ages at which different states have legislated that persons accused of crimes should be tried in adult court.
Federal courts exercise ___ of citizenship jurisdiction over disputes arising under state law, but involving parties from different states or between an American citizens and a foreign country or citizen, if the amount in controversy exceeds $75,000.
On December 19, 2023, the Colorado ___ Supreme Court issued a decision concluding that because former president Trump is disqualified from holding the office of President under Section 3 of the 14th Amendment to the U.S. Constitution, it would be a wrongful act under the ___ of Colorado Election Code for the Colorado Secretary of ___ to list Trump as a candidate on the presidential primary ballot. The ___ Supreme Court ruled that the Colorado Secretary of ___ may not list Trump’s name on the 2024 presidential primary ballot, nor may she count any write-in votes cast for him, but stayed implementation of that ___ decision in the event of a successful petition for writ of cert. and until a decision of the U.S. Supreme Court.
The general principle of judicial restraint that "a definite ___ must exist" includes the sub-principles against issuing advisory opinions, against issuing decisions where a party does not have personal standing, and against issuing decisions in a case that is moot.
The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 established a statutory ____ procedure against judges, giving the Circuits tools to deal with bad judges. (Describing this statute and the various available outcomes of the complaint process would be a good essay question.)
Presidents have the most success at getting their nominees ___ when the nominee comes from a noncontroversial background and has middle-of-the-road political leanings, and when the President's party controls the Senate and a majority shares the President's values. (This question, along with a couple examples, would be a good essay question.)
In order to initiate a federal criminal case, a US Attorney must obtain an ___ against the accused from a federal grand jury. An ___ is a a decision of a federal grand jury that there is probable cause to warrant a trial of the accused.
The concept of justiciability involves not so much a court's technical authority (jurisdiction) to hear a ___, but rather the court's decision-making regarding whether they ought to hear or refrain from hearing certain types of disputes. This concept involves the application of various principles of judicial restraint.
Much of the work of state courts involves ___ enforcement, or maintaining the societal expectations of members of the society outlined in regulations and statutes.
O'Brien discusses 5 broad ____ that Presidents tend to weigh and balance in varying ways in selecting nominees to the Supreme Court. These include 1) professional competence, 2) personal patronage and rewarding party faithful, 3) representation factors such as religion, race, gender and ethnicity, 4) ideology and legal policy goals, and 5) confirmability by the Senate. (Identifying these and discussing which you believe are most valid/important, and why, would be a good essay question. )
In most states, the state court of last ___ is called a Supreme Court.
Like Chief Justice Rehnquist before him, Chief Justice Roberts viewed his role of presiding officer over the President's impeachment as being very ___.
State courts have had to come up with various ___ such as ADR and streamlined dockets in order to deal with rising caseloads and scarce resources.
The term "judicial ___" refers to the process by which a new judge is trained to perform the tasks of the profession
The two general views of the Senate's ____ in the Federal Selection Process are 1) the Senate should agree to the President's choices unless there are over-whelmingly strong reasons not to, and 2) the Senate has the right and the obligation to decide in its own wisdom whether it wishes to confirm or not confirm a Supreme Court nominee. (This question, along with a couple examples, would be a good essay question.)
The only way an Article III Federal Judge can be removed from office.
There has historically been very little ___ on the federal bench, in terms of income, race, national origin, and gender.
Instead of retiring, federal judges, including Supreme Court justices, often go on ___ status, maintaining a reduced caseload and maintaining their office and staff, but opening up their official position to the appointment of a successor.
Verticales
The role of the Senate Judiciary Committee in the Federal Selection Process is that of a ___ for the Senate, screening nominees, holding hearings, deliberating, and sometimes even purposely delaying a recommendation for or against confirmation. (This would make a good essay question, with examples.)
Article III guarantees a criminal defendant the right to a trial by ___.
Pursuant to the Rule of ___, federal judges have been permitted to retire with full pay and benefits when the sum of the judge's age and years on the bench reach ____.
A ___ appointment is a Presidential appointment made during a Senate break, which expires at the end of the next session of Congress.
On September 6, 2023, four Republican and two unaffiliated Colorado voters sued former president Trump and the Colorado Secretary of State in Colorado state court to obtain a court ___ prohibiting the Colorado Secretary of State from allowing Trump to be on the 2024 Republican primary because he is disqualified under Section 3 of the 14th Amendment.
Pursuant to Article I, Section 3 of the Constitution, it was Chief Justice Roberts's responsibility to ___ over the Senate's trial of President Trump's impeachment.
There are no formal ___ of Federal Judges.
Modern state courts have varied systems of ___, reflective of the varied manner in which each state's courts evolved and varied levels of receptiveness to organizational reform.
Eighty-five percent of all courts in the US are state trial courts of ___ jurisdiction.
Prohibiting judges from ___ soliciting campaign donations is one way states have tried to control improprieties created by the election process for selection of state judges.
Federal courts have federal ___ jurisdiction over civil cases that involve the interpretation or application of the US Constitution, Acts of Congress, or US treaties.
During the Obama Administration, the Democratic Senate Leaders invoked the "___ option" of reforming filibuster protocol to allow cloture by a simple majority vote. The result is that the minority party in the Senate now has less ability to influence the judicial appointment process at all levels of the judiciary.
The Senate must approve a President's judicial nominee by a ___ vote.
State judges are selected in different ways in different states, including partisan ___, nonpartisan ___, merit selection, gubernatorial appointment, and appointment by the legislature.
The general principle of judicial restraint that "courts do not decide political questions" is applied in cases where the court decides that the issue should be dealt with by one of the other ___ of government instead.
Senatorial ___ is the unwritten rule that usually Senators of the President's same political party who are from the same state as a potential judge have an unofficial veto over lower court appointments.
____ selection plans used in many states are a hybrid, whereby a judicial nominating committee forwards a short list of vetted names to the governor, who chooses from that list to make an judicial appointment. After a short period of time, that judge then stands for a retention election, running on their record on the bench.
The question presented in former President Trump's petition for writ of certiorari that the U.S. Supreme Court granted on January 5, 2024 is "Did the Colorado Supreme Court ___ in ordering President Trump excluded from the 2024 presidential primary ballot?"