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The Judicial Process (Michigan)
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The Judicial Process (Michigan)
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25 Questions

1. What does jurisdiction mean in terms of a court's ability to hear or act on a case?

2. Why didn't Jacqueline Bouknight's case generate as much sympathy and publicity as that of Elizabeth Morgan?

3. Ronald Dworkin supports judicial dominance. Why? What is the problem in justifying judicial activism? What is 'judicial activism'? What is 'judicial restraint'? What types of judges tend to practice judicial activism? judicial restraint?

4. What is 'recusal'? When should a judge recuse him or herself from a case?

5. What were Ginsburg's qualifications? Where was he a judge?

6. Is a person a citizen of every state in which he or she has a residence? a domicile? What is the maximum number of states in which one can be a citizen?

7. What are the two levels of government involved in federalism? Because we also have local governments in the United States (e.g., city, county), does this mean the US does not operate under a federal system of government? Why or why not?

8. What is 'nullification'? How was this issue settled?

9. What does it mean to say that petitioners must ask for a remedy the court can grant? Give examples of remedies courts, or specific courts, could not grant.

10. Which element of standing is missing from an injunction?

11. What percentage of Senators must vote to approve a judicial nominee?

12. Anthony Kennedy was the next nominee. What were his qualifications? Where had he been a judge?

13. Will res judicata stop a lawsuit? Will collateral estoppel? Why or why not for both?

14. What are the five main types of opinions mentioned in class?

15. What is the 'Erie doctrine'? What are the four rules in the Erie doctrine?

16. What does it mean to say that judicial proceedings are adversarial?

17. Under what circumstances can two plaintiffs aggregate their claims against the same defendant?

18. What is the 'Cult of the Robe'? What are some of its manifestations?

19. Equity is generally triggered if one of four elements is present. What are the four elements?

20. What was the essence of Marshall's argument in Marbury?

21. Do Presidents ever make 'mistakes' in their judicial selections? What are two examples usually noted?

22. Does merit really have much to do with the Merit Plan? Why or why not?

23. What does it mean to say that an injury is irreparable? Give an example. Give an example different from the one given in class.

24. What is Justice Roberts' official title?

25. What is 'federalism'? What are six elements of federalism?