Fed. Judicial Selection
What article of the Constitution gives the president the power to nominate a federal judge?
Article 2
What article of the Constitution grants federal judges their appointments for life?
Article 3
Describe the pyramid of the state court system.
Lower-level courts (District courts/county-level courts)
Mid-tier court (court of appeals)
High level courts (supreme court, court of criminal appeals)
What did Republican Party of Minnesota v. White (2002) hold?
Judicial candidates who wish to express their political viewpoints in judicial elections deserve First Amendment protection.
What is the primacy effect?
Suggests that people tend to remember and be influenced by the first information they receive about someone
What is a short list?
List of potential Supreme Court nominees
Describe senior judge status. Why would judges want to take it?
Basically semi-retirement. You still hear cases but on a significantly reduced basis.
What court would you go to for a traffic ticket?
Generally, a municipal court. If the city does not have a municipal court, then a justice court.
What did Citizens United v. FEC (2010) hold?
Permits unlimited corporate and labor union spending in federal elections and led to removing restrictions on campaign spending in many states.
Describe how stereotypes and heuristics can play a role in who we vote for.
Human brains use stereotypes and heuristics (mental shortcuts) to quickly process information
Appearance can trigger pre-existing stereotypes or heuristics
1.Competence
2.Trustworthiness
3.Other qualities?
Congress. (Senators and especially those in leadership.)
If I am 60 and have 10 years of experience on the federal courts, can I retire according to the rule of 80?
No. This is the sum of your age and your years of judicial experience. Must add up to 80. Assuming you are at least 65 and have at least 10 years of experience on the federal courts.
When would you need to interact with a constitutional county court?
Exercise criminal jurisdiction involving Class A and B misdemeanor offenses (jail + fines).
Exercise civil jurisdiction handling civil cases involving amounts of money between $200 and $5,000
Describe 2 pros and 2 cons of judicial advertisements.
Pros: In races where voters may have limited information about the candidates, advertisements can help fill this gap.
Cons: Campaign ads may oversimplify complex legal issues, potentially leading to a reduction in voter knowledge about the qualifications and judicial philosophy of candidates.
Pros: Partisan ads that align judicial candidates with political parties can influence voters' perceptions and choices.
Cons: Research indicates that campaign advertisements in judicial elections may contribute to increased partisan and ideological polarization.
Pros: Negative campaign advertisements have been shown to influence voter perceptions.
Cons: Can contribute to a decline in public confidence in the judiciary.
Why does voting along party lines ease the decision-making process?
For some voters, relying on party affiliation is a convenient and efficient way to make choices without delving into the specifics of each candidate's platform.
What happens during the formal vetting process?
FBI background check, DOJ questionnaire, ABA rankings
What does it mean if a justice is strategic when it comes to retirement?
Considers the political climate. Leadership in Congress and the presidency.
Which courts are the trial courts of general jurisdiction of Texas?
District courts
What does it mean if voters treat contested judicial elections like retention elections?
Vote for the incumbent unless they know they have done something wrong.
What is negative partisanship?
Some individuals may vote for a candidate primarily to prevent the other party from gaining power.
How many members of the Senate do you need to confirm a Supreme Court nominee?
51
How can you remove a federal judge?
Impeach and convict for not living up to "good behavior" outlined in Article 3
Are Texas Courts of Appeals required to take every case appealed to them from the lower level?
No. They have a discretionary docket.
Describe the differences between partisan elections, nonpartisan elections, mixed elections, and appointments.
◦Partisan elections
◦The judge’s political affiliation appears on the ballot.
◦Nonpartisan elections
◦The judge’s political affiliation is absent.
◦Mixed elections
◦A combination of nonpartisan and partisan election methods are used to pick judges at different levels of the judiciary
Appointment
◦Systems allowing the governor or legislature to appoint judges
How do self-identity and shared values and beliefs play into one's partisanship?
Individuals often identify strongly with a particular political party, viewing it as an integral part of their self-identity. Voters may align with a particular party because they share common beliefs and values.