AP US Government : Federal Courts

Study concepts, example questions & explanations for AP US Government

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Example Questions

Example Question #51 : Federal Courts

The “American Rule” differs from the “English Rule” in regard to attorney’s fees in what central aspect?

Possible Answers:

 The American Rule requires that both parties bear their own attorney’s fees, whereas the English Rule requires the loser to pay the winner’s attorney’s fees

  The American Rule requires that the loser pay the winner’s attorney’s fees, whereas the English Rule requires that both parties bear their own attorney’s fees

Two of these answers are correct

The American Rule requires that the winner pay the loser’s “costs”

Correct answer:

 The American Rule requires that both parties bear their own attorney’s fees, whereas the English Rule requires the loser to pay the winner’s attorney’s fees

Explanation:

This is an interesting and practical question. The American Rule refers to the American practice of requiring each side to bear their own attorney’s fees regardless of whether you win or lose! This is in direct contradiction to the European or English Rule that places attorney’s fees on the shoulders of the loser (talk about adding insult to injury). There are a variety of reasons for the American Rule, but the most articulated is that it removes a significant barrier to litigation: money. If people went to court terrified that they may have to pay (1) their attorney’s fees, (2) a judgment (if they lost), and (3) their opponent’s attorney’s fees, they may refuse to bring a meritorious case to court. 

Example Question #52 : Federal Courts

What is “voir dire”?

Possible Answers:

“to see to speak” and it refers to jury selection

 “Right of first refusal” and it refers to unconstitutional contracts

“to swear to the truth” and it refers to the oath that witnesses must take

None of these

Correct answer:

“to see to speak” and it refers to jury selection

Explanation:

“Voir dire” roughly translates to “to see to speak” and it refers to the process of selecting a jury—in both criminal and civil cases, and at both a state and federal level. Without going into detail that is far beyond the scope of your course, jury selection is an important part of every case. Take, for example, a criminal case involving the alleged theft of a pair of diamond earrings from a jewelry store. If you were the defendant, would you want a jury box full of jewelry store owners? Probably not. 

Example Question #53 : Federal Courts

The _______________ automatically gets to write all of the opinions for the Supreme Court.

Possible Answers:

Chief Justice

Senior Justice

None of these

Associate Justice

Correct answer:

None of these

Explanation:

This should have been an easy question. Nobody ever gets to “automatically” write all of the opinions for the Supreme Court. The author of the opinion depends in large part on the makeup of the majority. If, for example, the Chief Justice is on the majority, he has the right to assign authorship of the opinion to whoever he desires (including himself). If, however, the Chief Justice is part of the minority (that is, not a part of the majority decision) the most senior justice on the majority side retains that right.

Example Question #22 : Federal Court Procedures

When does the Supreme Court open and end its session each year?

Possible Answers:

It opens on the first Tuesday of the new year and ends on December 31 of the same year

It opens on the first Monday of September and ends on the third Wednesday of June

It opens on the first Monday of October and ends on the last day of June

It opens on the first Friday of March and ends on the last Friday of July

It opens on the second Monday of January and ends on March 31

Correct answer:

It opens on the first Monday of October and ends on the last day of June

Explanation:

This date was selected to mark the date of the opening of the current Supreme Court building. The Supreme Court has a very busy schedule. The justices review briefs and decide if the case has Constitutional merit and is should be granted a hearing. They hold hearings to gather information and evidence on which they will base their decisions. The justices meet in conference to determine which cases will be brought before them, review the case materials and discuss their decision. Then a justice is selected to write the deciding opinion, another justice is chosen to write a dissenting opinion if one exists and other judges may write concurring opinions. The justices and their clerks are extremely busy from October to the last day in June. And just like students and teachers, after taking a short summer break, many justices read to update their knowledge of the law and some even speak to school groups regarding their role in government and the law

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