Problems in American Democracy - Part 85
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Part 85

8. What is the purpose of the Court of Claims?

9. Name some other special Federal courts.

10. What two cla.s.ses of cases fall within the jurisdiction of the Federal courts?

11. What is the nature and purpose of the writ of _habeas corpus_?

12. What is the purpose of the writ of mandamus?

13. What three forms may the writ or bill of injunction take?

14. What is the crowning feature of the American judicial system?

15. Outline the general policy of the Federal courts.

16. What two forces help determine a decision?

REQUIRED READINGS

1. Beard, _American Government and Politics_, chapter xv.

2. Guitteau, _Government and Politics in the United States_, chapter xxviii.

3. Munro, _The Government of the United States_, chapter xxiv.

4. Reed, _Form and Functions of American Government_, chapter xxiii.

QUESTIONS ON THE REQUIRED READINGS

1. Into what two branches may law be divided? (Munro, page 355.)

2. What is equity? (Munro, page 351.)

3. What are the judicial functions of the Attorney-General of the United States? (Beard, page 300.)

4. What different grades of law are administered in the Federal courts? (Guitteau, page 338.)

5. Discuss the part played by partisan politics in judicial decisions.

(Beard, pages 310-312.)

6. What cla.s.ses of people are exempted from jury service? (Munro, page 354.)

7. Distinguish between the original and the appellate jurisdiction of the Supreme Court. (Guitteau, pages 334-335.)

8. How are cases presented to the Supreme Court? (Beard, page 296.)

9. What is the significance of the Marbury v. Madison case? (Reed, page 284.)

10. Name some other historical decisions which have been handed down by the Supreme Court. (Guitteau, pages 339-340.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. Make a study of the Federal judicial district in which you live, with respect to territory embraced in the district, names and powers of Federal judicial agents, etc.

2. If possible, visit a near-by Federal court and observe the conduct of a trial.

II

3. The American doctrine of judicial supremacy. (Haines, _The American Doctrine of Judicial Supremacy_.)

4. The American system of courts compared with the European system of courts. (Bryce, _The American Commonwealth_, vol. i, chapter xxv.)

5. Restraints on judicial officers in the United States. (Cleveland, _Organized Democracy_, chapter x.x.xiii.)

6. Procedure in the United States Supreme Court. (Reinsch, _Readings on American Federal Government_, pages 716-717.)

7. The courts and the Const.i.tution. (Beard, _The Supreme Court and the Const.i.tution_; Bryce, _The American Commonwealth_, vol. i, chapter xxiii.)

8. The const.i.tutionality of government regulation of commerce, (Goodnow, _Social Reform and the Const.i.tution_, chapter vi.)

9. Att.i.tude of the courts toward social legislation. (Goodnow, _Social Reform and the Const.i.tution_, chapter viii.)

10. The Marbury v. Madison case. (Consult an encyclopedia.)

11. The Dartmouth College case. (Consult an encyclopedia.)

12. The life of John Marshall. (Consult an encyclopedia.)

13. Characteristics of a good judge. (Kaye, _Readings in Civil Government_, pages 247-250.)

14. Evolution of the judiciary. (Gettell, _Introduction to Political Science_, chapter xx.)

15. Relation of the judiciary to the executive branch of government.

(Gettell, _Introduction to Political Science_, chapter xx.)

16. Relation of the judiciary to the legislative branch of government.

(Gettell, _Introduction to Political Science_, chapter xx.)

FOR CLa.s.sROOM DISCUSSION

17. Should Federal judges enjoy life terms, or should their terms of service be limited to a specific number of years?