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The Judicial Process (Michigan)

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The Judicial Process (Michigan)

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25 Questions

1. What happens if the justices of the Supreme Court are deadlocked 4-4 on a case?

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.Whether the person initiating the lawsuit is the proper plaintiff to bring the suit. Rules; more rigid in state than fed. Defendant can asked if the case be moved from state to federal court. Delay is primary reason for this action. Differs due to individual or person v. court

2. How are corporations treated differently for purposes of diversity of citizenship? Does this help or hurt the corporation?

Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtWhether the person initiating the lawsuit is the proper plaintiff to bring the suit. Rules; more rigid in state than fed. Defendant can asked if the case be moved from state to federal court. Delay is primary reason for this action. Differs due to individual or person v. courtit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

3. Why is bureaucratic resistance a check on judicial power? Give an example? Is this check limited to the judicial branch?JR

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtWhether the person initiating the lawsuit is the proper plaintiff to bring the suit. Rules; more rigid in state than fed. Defendant can asked if the case be moved from state to federal court. Delay is primary reason for this action. Differs due to individual or person v. courtCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.

4. What does 'standing' mean? How is standing different from jurisdiction?

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.Whether the person initiating the lawsuit is the proper plaintiff to bring the suit. Rules; more rigid in state than fed. Defendant can asked if the case be moved from state to federal court. Delay is primary reason for this action. Differs due to individual or person v. courtthere should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Court

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

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtCult of the Robe: Solemn proceedings, experts, sit behind bench, long black robes...only access through experts (attorneys) unlike leg/exec.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

6. Can a plaintiff aggregate claims to satisfy the amount in controversy? Can a defendant's counter-claim be counted in such an aggregation?

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Yes, but they have to be somewhat relatedthere should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.

7. What are some other factors? How important are they or have they been in the past?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Policy Preferences, Political and personal reward, building political support,

8. Do state courts and lower federal courts have the same ability to make judicial policy as the US Supreme Court? Why or why not?

No and Yes. No in that they must adhere to precedent set by SCOTUS who supersedes the power of State and lower level federal courts.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Court

9. 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?

it limits constitutional rights to those recognized by a limited group of people at a fixed date of history. - Judicial activism is bashing judicial decisions on personal ideologies rather than on existing law. - the problem is: judges are appointed for life, Individuals have certain moral rights. - -Liberal judges would be more likely to practice judicial activism.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

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

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courtit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Truman -- Clark (surprised by votes) - Ike -- Warren and Brennan, 'allegedly' (surprised by votes)Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.

11. Why was the internal check not much of a limitation?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courtthey're mostly self-restraint of the judgesCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

12. What is 'jurisdiction'? What are some types of jurisdiction?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courtit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.the legal authority of a court to hear specific kinds of cases. - More specific: court recognizes and rules on a case brought to it. - - Types: - Geographical, hierarchical, diversity, subject matter. -

13. What is 'retention'?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courta periodic process in some jurisdictions where judges are elected whereby a judge is subject to a referendum held at the same time as a general electionCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

14. How is venue for state courts determined? What are some typical criteria?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Court1.) The Situs (site of the venue) 2.) Where cause of action 'arose' 3.) Residence of one of the parties 4.) Defendant has place of business or may be 'found' 5.) Plaintiff's choice. (Defendants residence is usually the first choice as court tries to accommodate the one the suit is brought against)it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.

15. There are two main ways of getting into federal court. What are they?

Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.DIVERSITY JURISDICTION, and FEDERAL QUESTION - - - Federal questions, plaintiff show right or immunity under federal law and fed question be basic element of cause of action. Cant be incidental or collateral and cant arise as counterclaim on the part of the defendantthere should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courtit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

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

Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtYES, political agenda of the state bar is reflected in their appointments

17. Judicial Restraint: judicial interpretation that encourages judges to limit exercise of their own power.

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtCorporations have duel citizenship. One in state of incorporation and one in the principle place of business.Conservative judges would be more likely to practice judicial restraint. Cannot trust reps of the majority to protect these rights, as they may just be trying to expand their branch/parties influence.

18. What types of cases are federal courts allowed to hear? Why are they allowed to hear these types of cases and not others?

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.

19. What is the reason for having collateral estoppel and res judicata?

Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtPrevention of a defendant being charged over the same subsequent action by a party subsequently over the same issue, with the same cause of action (res judicata) or other essential elements (collateral estoppel)

20. What are 'political questions'? Why don't courts like cases with these political questions?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme CourtNon-justiciability: fourth requisite for standing. Political question is whatever the court says it is essentially though Court believes the question to be one need answered by other two branches. Foreign relations typically an ex. Constitutionality of Vietnam. - - Judicial act v judicial restraint comes into play. - - Sort of exception is some question is somewhat political i.e. suit against govt agency for improper procedures/processesit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.

21. What is Justice Roberts' official title?

22. What is criminal contempt and when is it used?

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.is meant to protect the dignity of the court and punishment of a past crime - used when you:swear in court, perjure yourself, evasivethere should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Court

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

Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.Injury hasn't occurred - if injury is irreparable - repetitive situation - damages are speculativethere should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courtit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.

24. What type of person do Presidents usually look for as a judicial nominee?

there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Courtit is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.generally president's choose judges who share their ideology.

25. Appellate courts, state or federal, tend to be responsible for a greater geographic area than trial courts. Why? Is this required by hierarchical jurisdiction?

it is a check on judicial power because the other branches can resist a movement or decision that the courts wish to pass.because they don't hold trials and can therefore hear more cases.Corporations have duel citizenship. One in state of incorporation and one in the principle place of business.there should be a tie-breaker decision made by the ninth justice if there is a dead-lock of 4 to 4 on the Supreme Court

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25 Questions

❤ If you liked Fatskills, consider supporting us by checking out The Life Manuals You Never Got.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | What Should We Know? Privacy | Terms |

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All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | What Should We Know?
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Without work one finishes nothing. - Ralph Waldo Emerson
© 2026 Fatskills.com