Deck 2: The Court System

Question 1

The modern role of the U.S.Supreme Court emerged in 1803.

Answer 1

True

Question 2

The first three years of the U.S.Supreme Court's existence has consistently been deemed its most productive and controversial.

Answer 2

False

Question 3

Judge Merrick Garland was appointed to the U.S.Supreme Court by President Barack Obama in 2016.

Answer 3

False

Question 4

Judicial activists believe that the Constitution must be interpreted as it was meant when it was written,whereas originalists believe that the Constitution must be interpreted in light of society's needs.

Question 5

A number of cases before Roe v.Wade established that the right to privacy exists in the Constitution.

Question 6

Thomas Jefferson came to the presidency with a Supreme Court controlled almost entirely by the Democratic-Republican party.

Question 7

The legislative power is vested in the Constitution with administrative agencies.

Question 8

Politically liberal judges are sometimes known as strict constructionists.

Question 9

John Marshall was appointed as the first Chief Justice of the Supreme Court by President George Washington.

Question 10

Article I of the Constitution creates the executive power in the president and makes the president responsible for enforcing laws passed by Congress.

Question 11

The modern characterization of judges as politically motivated can be traced to the Great Depression.

Question 12

The powers of the chief justice over the other associate justices include selecting,hearing and deciding cases.

Question 13

It is the associate justice who represents the courts to the other branches of government.

Question 14

The "federal judiciary" comprises nearly three percent of the federal budget.

Question 15

In Roe v.Wade,judicial activists believe that Roe has no constitutional foundations to stand on since there is no right to privacy mentioned in the Constitution.

Question 16

In the Dred Scott v.Sanford case,the Supreme Court refrained from using the power of judicial review to strike down legislation.

Question 17

The power of judicial review makes the U.S.Supreme Court the most powerful judicial body in the world.

Question 18

The influence of a Supreme Court Justice is eroded as the final term of the president who appointed him or her nears its end.

Question 19

Federal judges are appointed for a term of 20 years,which is then renewable for another 10-year term.

Question 20

The Judiciary is the only unelected branch of government,and therefore sometimes viewed with a sense of mystery.

Question 21

In forma pauperis petitions are filed by indigent litigants who cannot afford to hire a lawyer to write and file a petition for them.

Question 22

The fifty-one separate legal systems in the U.S.represent all 50 states and the District of Columbia.

Question 23

Only a few federal litigations are appealed at the U.S.Supreme Court for review.

Question 24

The Supreme Court's jurisdiction is mandatory,not discretionary.This means the justices do not have a choice in choosing the cases they want to hear.

Question 25

A circuit split arises when a circuit court of appeal hears cases in split sessions.

Question 26

State judicial decisions granting their citizens the right to same-sex marriage based on state constitutions can be invalidated by federal courts.

Question 27

In 2017,three women serve on the United States Supreme Court,a historical record.

Question 28

Property and probate laws are based on state law.

Question 29

Tort law is an exclusive federal law.

Question 30

Crimes such as murder or manslaughter,and possible defenses to those crimes,are defined differently by the states.

Question 31

The rule of four is a Supreme Court rule that only four justices need to agree for a case to be heard.

Question 32

Since federal judges are appointed for a short period of fifteen years,the turnover rate for federal judgeships is high.

Question 33

Stare decisis refers to the precedent-oriented nature of the common law legal system.

Question 34

Diversity jurisdiction cases must involve racial minorities.

Question 35

A case heard without a jury is known as a bench trial.

Question 36

The Supreme Court is required to hear all cases where potential injustice may occur.

Question 37

Federal appellate courts are called the United States District Courts.

Question 38

Majority of the cases heard by the Supreme Court involve a circuit split.

Question 39

The rules of subject matter jurisdiction dictate whether a case is heard in state or federal court.

Question 40

The U.S.Court of Appeals for the District of Columbia Circuit is a specialized court that hears cases against the federal government and the many federal agencies in Washington,DC.

Question 41

Who acts as the primary means of enforcing judicial decisions?

A)The President
B)The Supreme Court justice
C)The legislative branch
D)A special administrative agency
E)The people

Question 42

The New Deal:

A)Altered the makeup of the Supreme Court by increasing the number of judges and appointing new justices in the Supreme Court.
B)Was President Richard Nixon's action plan to alter the relationship between the people and their government.
C)Was a legislative package that rewrote the role of government,vastly increasing its size and its role in private commercial activity.
D)Faced much opposition from the White House and the Congress.
E)Was never implemented due to the public's reaction.

Question 43

A dissenting opinion is an opinion of a judge who disagrees with the outcome and reasoning employed by the court majority.

Question 44

Which of the following is NOT a role played by Congress in controlling the judiciary?

A)Confirming judicial selections
B)Controlling annual budgetary process
C)Determining what kind of cases the courts can hear
D)Reducing judicial salaries
E)Determining the courts' jurisdictions

Question 45

The chief justice:

A)is elected by the people
B)serves a maximum term of twenty-five years.
C)has superior power over the other associate justices when deciding cases.
D)earns approximately $260,700 per year
E)is appointed by Congress.

Question 46

Which of the following statements is true about associate justices?

A)They are solely responsible for running the day-to-day issues for all the federal courts.
B)The number of associate justices is determined by the chief justice.
C)There are nine associate justices at present.
D)They are currently paid the same salary as the chief justice.
E)They have the same power as the chief justice when it comes to deciding cases.

Question 47

The appointment of who among the following changed the tradition of routine confirmation of presidential nominees to the Supreme Court?

A)James Marshall
B)Robert Bork
C)Harriet Miers
D)Sandra Day O'Connor
E)Sam Alito

Question 48

Which agency manages day-to-day responsibilities for the federal court system?

A)Administrative Office of the United States Courts
B)United States Sentencing Commission
C)Federal Judicial Center
D)Judicial Conference of the United States
E)United States General Services Administration

Question 49

Identify a true statement about judicial review.

A)The president can hold any act of the federal judges to be unconstitutional.
B)First used in Roe v.Wade case to strike down legislation.
C)A power used by Congress as a means of checking the judiciary.
D)A power that rests with each of the more than eight hundred federal judges.
E)The absolute power of the president to name federal judges.

Question 50

Article II of the Constitution establishes:

A)the executive power of the president
B)the will of the people
C)at what point the president appoints new justices
D)the tenure of judicial appointments
E)the role of the chief justice

Question 51

Which of the following is NOT true about the role of Congress concerning the judiciary?

A)The most obvious role of Congress is in confirming judicial selections.
B)Congress controls the judiciary through its annual budgetary process.
C)Congress is obligated to grant raises in judicial salaries.
D)Congress can control the judiciary by determining how the courts are organized.
E)Congress can control the judiciary by determining what kind of cases the courts can hear.

Question 52

A majority of the Supreme Court justices must agree in order for a petition for certiorari to be granted.

Question 53

The Supreme Court maintains a backlog of cases to hear since a case heard in a term is usually carried over to the next term.

Question 54

The only unelected branch of government is the:

A)legislative branch.
B)judicial branch.
C)executive branch.
D)political branch.
E)congressional branch.

Question 55

Marbury v.Madison established the doctrine of:

A)the right to privacy.
B)the right to habeas corpus.
C)judicial review.
D)fair use.
E)incorporation.

Question 56

Which of the following refers to the power of courts to declare legislative or executive acts unlawful?

A)Discretionary review
B)Judicial restraint
C)The rule of law
D)The rule according to a higher law
E)Judicial review

Question 57

Which of the following agencies serves to conduct research into judicial administration and provide judicial education?

A)Administrative Office of the United States Courts
B)United States Sentencing Commission
C)Federal Judicial Center
D)Judicial Conference of the United States
E)United States General Services Administration

Question 58

Identify a true statement about the United States Sentencing Commission USSC).

A)Established by the president.
B)Established by Congress.
C)An agency exclusively dedicated to conducting research on judicial administration.
D)An elected branch of government.
E)Runs the day-to-day issues for all the courts.

Question 59

Participation in the cert pool is voluntary and not all the justices participate.

Question 60

Article I of the Constitution allocates the legislative power to _____.

A)the chief justice
B)the president
C)Congress
D)the Cabinet
E)associate justices

Question 61

Original jurisdiction cases constitute:

A)Cases in which the Supreme Court has no jurisdiction
B)Cases that exceed the threshold damages amount.
C)A small category of cases that go straight to the U.S.Supreme Court to hear the case for a first time,rather than on appeal.
D)Lawsuits that deal with state issues
E)Cases in which it the state or federal jurisdiction is not clear.

Question 62

Removal refers to a process in which:

A)a case is heard only by a judge,wherein the judge acts as both trier of law and trier of fact.
B)a case is moved from state court to federal court under diversity jurisdiction.
C)a petition is filed with a Supreme Court arguing why the case should be heard.
D)a case is sent back from a court of appeals to a trial court for reconsideration.
E)a court allows indigent litigants to proceed without paying any fees.

Question 63

The dynamic power sharing between state and federal governments is known as:

A)constitutionalism.
B)liberalism.
C)originalism.
D)federalism.
E)confederation.

Question 64

Which of the following statements is true regarding the composition of the Supreme Court between 1994 and 2005:

A)Justice Sandra Day O'Connor was named the first female Chief Justice
B)Merrick Garland's nomination was delayed for approximately eleven years
C)Harriet Miers was the first non-judge to serve on the U.S.Supreme Court
D)The Supreme Court experienced no changes in its composition
E)Chief Justice William Rehnquist was the first sitting member of the Supreme Court to die while serving.

Question 65

The rules of subject matter jurisdiction determine:

A)whether a case is heard in state or federal court.
B)whether punitive damages are appropriate.
C)whether a bench trial should take place.
D)the type of jury in a case.
E)the nature of precedents in the federal and state court system.

Question 66

Intermediate court of appeals:

A)accept only criminal cases which involve the application of the Constitution to criminal procedure,evidence collection,or punishment.
B)require both parties to be from different states.
C)allow the party losing the appeal to usually file one more time with the state Supreme Court.
D)preserve a trial record for review by a state trial court.
E)determine the facts of a case by initially hearing the cases and reviewing evidence and testimony.

Question 67

In all fifty states,a trial court of _____ jurisdiction accepts most types of civil and criminal cases.

A)general
B)limited
C)diversity
D)federal question
E)special

Question 68

An)_____ is an example of a limited jurisdiction court.

A)intermediate court of appeals
B)superior court
C)U.S.circuit court
D)U.S.district court
E)juvenile court

Question 69

_____ refers to any case involving a federal law or the federal Constitution that gives rise to subject matter jurisdiction in federal courts.

A)Federal Clause
B)Federal arbitration
C)Federal question
D)Federal negotiation
E)Federal decisis

Question 70

Which of the following rights exemplifies the difference in views between judicial conservatives and judicial liberals?

A)The right to vote
B)The right to privacy
C)The right to own property
D)The right to know
E)The right to education

Question 71

The judges who criticized Roe v.Wade believed that:

A)Majority rule can lead to the baser instincts of humanity becoming the rule of law.
B)Judges have a role in shaping a "more perfect union" as described in the Constitution.
C)The Constitution is a "living document" and should be interpreted in light of society's needs.
D)Their role is to safeguard the voice of the minority groups and the oppressed and to deliver the promise of liberty in the Constitution to all Americans.
E)The Constitution must be interpreted as it was meant when it was written as opposed to how society would interpret the Constitution today.

Question 72

Roe v.Wade was criticized:

A)By judicial activists as an assault on privacy.
B)As not going far enough to protect a woman's right to privacy
C)As being the first case to declare that a right to privacy exists in the Constitution.
D)By constructionists as an activist decision that bypassed the electorate.
E)By activists for too strictly adhering to the "originalist" view of the Constitution.

Question 73

Which of the following is NOT true of torts?

A)A decision based on a tort cannot be appealed.
B)Torts are state based.
C)A tort is any civil wrong outside of a breach of contract.
D)Some states are friendlier towards tort claims than others.
E)Torts cover situations in which legal injury is suffered by people and businesses.

Question 74

A _____ is a case heard only by a judge,wherein the judge acts as both trier of law and trier of fact.

A)bench trial
B)speedy trial
C)trial by ordeal
D)jury trial
E)mock trial

Question 75

Which of the following is most likely to be subject to federal court jurisdiction?

A)Cases involving adoption from surrogate mothers
B)Cases involving tort claims
C)Cases involving domestic issues such as divorce and family law governing gay marriages
D)Cases involving the interpretation of treaties to which the United States is a party
E)Cases involving the implementation of child custody laws

Question 76

If a defendant lives in one state and the plaintiff lives in another state,and the amount in controversy exceeds seventy-five thousand dollars,their case may be heard in federal court because:

A)there is a federal question involved.
B)the defendant always gets to choose the court.
C)there is subject matter jurisdiction.
D)the rule of four requires it.
E)there is diversity jurisdiction.

Question 77

What is true of "stare decisis"?

A)It is the principle which states that all courts are bound to follow precedent established by the U.S.Supreme Court.
B)It dictates that cases such as a state court interpreting its own state's Constitution come under the jurisdiction of the U.S.Supreme Court.
C)It states that the Supreme Court has discretionary jurisdiction to hear any case it wishes to hear.
D)It is a law related to the transfer of property,vehicle or watercraft ownership registration,and the disposition of property after death.
E)It is a term used to describe a legislature in which two bodies exist.

Question 78

Most individuals and businesses are likely to find their judicial interactions in _____.

A)the U.S.Supreme Court
B)federal circuit courts
C)state courts
D)federal district courts
E)international courts

Question 79

_____ is the trial court in the federal system.

A)The U.S.Supreme Court
B)A U.S.District Court
C)A U.S.circuit court of appeal
D)The U.S.Department of Justice
E)An intermediate court of appeal

Question 80

Diversity jurisdiction requires plaintiffs to claim an amount in excess of _____.

A)twenty-five thousand dollars
B)thirty-five thousand dollars
C)forty-five thousand dollars
D)seventy-five thousand dollars
E)sixty-five thousand dollars