Deck 14: The Federal Courts

Question 1

In general,the judges serving on federal district and circuit courts are demographically representative of the American public.

Answer 1

False

Question 2

Which of these is NOT associated with the theory of judicial restraint?

A)Judges should chart new constitutional ground given their power of judicial review.
B)Federal courts are the least democratic branch of government.
C)Observers question the qualifications of judges for making policy decisions and balancing interests.
D)Decisions such as those on abortion and school prayer in public schools go well beyond the "referee" role that judges are supposed to play.
E)Policymaking should be left strictly to the legislature.

Answer 2

A

Question 3

Courts with appellate jurisdiction

A)determine the facts about a case.
B)review the legal issues involved in a case.
C)hear only criminal cases.
D)have no original jurisdiction.
E)hear only civil cases

Answer 3

B

Question 4

In a typical year,the Supreme Court issues ________ formal written opinions that could serve as precedent,and thus as the basis of guidance for lower courts.

A)more than 1,000
B)fewer than 100
C)between 150 and 500
D)more than 500 but less than 1,000
E)fewer than 10

Question 5

An opinion written to stress a different constitutional or legal basis for the judgment is called a(n)

A)concurring opinion.
B)dissenting opinion.
C)amending opinion.
D)majority opinion.
E)minority opinion.

Question 6

Laws permitting a small number of people to sue on behalf of all other people similarly situated are referred to as judiciable disputes.

Question 7

The requirement that plaintiffs have a serious interest in a case,depending on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government,is called

A)standing to sue.
B)a justiciable dispute.
C)original jurisdiction.
D)appellate jurisdiction.
E)stare decisis.

Question 8

There are ______ justices on the Supreme Court.

A)5
B)7
C)9
D)11
E)13

Question 9

The U.S.is divided into 12 judicial circuits.

Question 10

The Supreme Court's unwillingness to settle disputes about the constitutionality of the War Powers Act is an example of the doctrine of _____,used as a means to decide cases involving conflict between the president and Congress.

A)statutory construction
B)judicial restraint
C)political questions
D)judicial activism
E)judicial implementation

Question 11

Of the _______cases that reach the Supreme Court in requests for review,______ are eventually placed on the docket.

A)8,000; fewer than 100
B)8,000; approximately 1,000
C)100; approximately 25
D)50; fewer than 30
E)50; almost all

Question 12

The "rule of four" refers to

A)the number of Supreme Court justices needed to decide a majority opinion.
B)the number of minority justices currently serving on the Supreme Court.
C)the number of cases that most justices are willing to review in any given court session.
D)the number of Supreme Court justices that need to agree to grant review to a case in order to get a case on the docket.
E)the number of solicitors general in charge of litigation of the federal government.

Question 13

All courts rely heavily upon ________,the way similar cases were handled in the past,as a guide to current decisions.

A)writs of certiorari
B)writs of mandamus
C)precedent
D)original intent
E)amicus curiae

Question 14

In the immediate aftermath of the Supreme Court's famous Brown v.Board of Education decision,the president and Congress

A)refused to enforce speedy compliance with the ruling,thus severely weakening implementation over the next decade.
B)celebrated the fact that the Supreme Court had now joined them in supporting swift compliance with a new federal law.
C)overruled the Supreme Court in a rare instance of judicial review.
D)worked quickly to implement the decision nationwide.
E)proposed a constitutional amendment to overturn the Court's decision,although the amendment was never ratified by the states.

Question 15

The unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if opposed by a senator of the president's party from the state in which the nominee will serve is called

A)senatorial courtesy.
B)senatorial ratification.
C)habeas corpus.
D)writ of certiorari.
E)judicial review.

Question 16

More than 90 percent of court cases begin and end in the court of original jurisdiction.

Question 17

There are 10 associate justices and one chief justice on the U.S.Supreme Court.

Question 18

What kind of case would be brought before a diversity of citizenship court?

A)A civil suit where the matter in question exceeds $75,000.
B)A civil suit between citizens of different states.
C)A criminal court appeal.
D)A case where bias was charged against one citizen by another.
E)A case against the government.

Question 19

In civil law cases,the government charges an individual with violating specific laws,such as those prohibiting robbery.

Question 20

The power of courts to determine whether acts of Congress and the executive are constitutional is the power of ____________,first articulated in ___________.

A)stare decisis; Marbury v. Madison
B)writ of certiorari; United States v. Nixon
C)judicial review; Brown v. Board of Education
D)judicial review; Marbury v. Madison
E)judicial activism; Schechter Poultry Corporation v. United States

Question 21

Class action suits

A)are those that have to do with constitutional issues,thus broadening the standing to sue.
B)are filed by students seeking to force a school district to offer additional sections of perpetually overenrolled courses.
C)permit a small number of people to sue on behalf of all other people similarly situated.
D)may only be filed if all of those with a standing to sue agree to participate.
E)are routinely filed by teachers groups to prepare the way for legal strikes.

Question 22

The requirement that cases must be capable of being settled as a matter of law rather than on other grounds is known as

A)writ of mandamus.
B)stare decisis.
C)precedent.
D)justiciable disputes.
E)amicus curiae.

Question 23

Courts with _____ jurisdiction hear cases brought to them on appeal from a lower court.

A)upper
B)supreme
C)constitutional
D)original
E)appellate

Question 24

A legislative court is

A)a state-level court.
B)the initial level of federal courts for most disputes.
C)staffed by judges who lack the protections against removal or salary reductions while in office.
D)staffed by judges who serve for life.
E)one that specializes in the review of legislation for its constitutionality.

Question 25

The entry point for most litigation in the federal courts is in one of the ________ courts.

A)appellate
B)district
C)superior
D)legislative
E)municipal

Question 26

Which of the following statements about district courts is FALSE?

A)District courts are courts of original jurisdiction.
B)There are 75 federal district courts.
C)District courts are the only federal courts that hold trials and impanel juries.
D)Each district court has between two and 28 judges.
E)District courts are the entry point for most litigation in the federal courts.

Question 27

Political science researchers have shown that the Supreme Court is more likely to hear cases for which interest groups have filed amicus curiae briefs.

Question 28

In Marbury v.Madison,the Court first articulated the power of judicial review,that is,the power of the courts to determine whether acts of Congress and the executive are constitutional.

Question 29

There are _____ federal courts of appeal,a Court of Appeals for the Federal Circuit,and ___ federal district courts.

A)two; 91
B)12; 91
C)91; thousands of
D)thousands of; 91
E)three; 91

Question 30

The Court of Claims is a

A)district court.
B)state court.
C)legislative court.
D)constitutional court.
E)presidential court.

Question 31

Litigants in a case are the

A)attorneys.
B)plaintiff and the defendant.
C)plaintiff and the plaintiff's attorney.
D)defendant and the defendant's attorney.
E)plaintiffs.

Question 32

Standing to sue refers to

A)the requirement that plaintiffs have a serious interest in a case.
B)demonstrated financial harm or injury.
C)habeas corpus.
D)the principle of precedent.
E)legal prerogative.

Question 33

Courts with appellate jurisdiction

A)review the legal issues involved in a case.
B)determine the facts about a case.
C)have no original jurisdiction.
D)hear only criminal cases.
E)hear only civil cases.

Question 34

Which of the following statements is TRUE about participants in the judicial system?

A)The courts have broadened the concept of standing to sue to include class action suits.
B)Class action suits permit a small number of people to sue on behalf of all other people similarly situated.
C)The Supreme Court has made it more difficult to file class action suits since 1973.
D)Congress and the Supreme Court have generally liberalized standing to sue.
E)All of these are true.

Question 35

The only federal courts in which trials are held,and in which juries may be impaneled,are the

A)superior courts.
B)legislative courts.
C)courts of claims.
D)district courts.
E)courts of appeal.

Question 36

Merely being a taxpayer and being opposed to a law does not provide the standing necessary to challenge that law in court except in cases pertaining to

A)taxation.
B)governmental support for religion.
C)environmental protection.
D)civil liberties.
E)racial or sexual discrimination.

Question 37

At weekly conferences,Supreme Court justices discuss the chief justice's "discuss list" and decide which cases they want to review.

Question 38

The presidential appointee and the third-ranking office in the Department of Justice that is in charge of the appellate court litigation of the federal government is the surgeon general.

Question 39

Amicus curiae literally means

A)enemy of the court.
B)friend of the court.
C)let the decision stand.
D)we command.
E)standing to sue.

Question 40

When a small number of people sue on behalf of all other people in similar circumstances,it is known as

A)a justiciable dispute.
B)standing to sue.
C)a class action suit.
D)an appeal.
E)a criminal appeal.

Question 41

A ________ is a Supreme Court ruling without explanation that resolves an immediate case but has no value as precedent because the Court does not offer reasoning that would guide lower courts in future decisions.

A)stare decisis
B)writ of certiorari
C)concurring opinion
D)per curiam decision
E)writ of mandamus

Question 42

The vast majority of all civil and criminal cases

A)begin and end in courts with original jurisdiction.
B)involve federal law but are tried in state courts.
C)begin and end in federal courts.
D)begin in state courts and are appealed to federal courts.
E)involve state laws that are tried in federal courts.

Question 43

Which of the following is NOT a function of the United States solicitor general's office?

A)Deciding whether or not to appeal cases the government has lost in the lower courts
B)Reviewing and modifying briefs presented in government appeals
C)Requiring the Supreme Court to review a government case on appeal
D)Representing the government before the Supreme Court
E)Submitting amicus curiae briefs on behalf of litigants in cases in which the government has some interest

Question 44

Appeals regarding patents would be heard by

A)the United States Court of Appeals for the Federal Circuit.
B)the Court of Claims.
C)the solicitor general.
D)a federal district court.
E)the United States Supreme Court.

Question 45

How long is the term of a federal judge or justice?

A)A lifetime position
B)4 years
C)10 years
D)15 years
E)2 years

Question 46

Which of the following statements about the selection of Supreme Court justices is FALSE?

A)The president usually relies on the attorney general and the Department of Justice to identify and screen candidates for the Court.
B)Senators play a greater role in the recruitment of Supreme Court justices than they play in the selection of lower-court judges.
C)The president usually operates under fewer constraints in nominating members to the Supreme Court than to the lower courts.
D)Candidates for nomination to the Supreme Court usually keep a low profile.
E)None of these is false.

Question 47

Which Supreme Court justice faced charges that he had sexually harassed a former co-worker and law professor,Anita Hill?

A)William Rehnquist
B)Thurgood Marshall
C)Clarence Thomas
D)Robert Bork
E)Douglas Ginsburg

Question 48

The United States Supreme Court's jurisdiction includes

A)appellate jurisdiction from both state and federal courts.
B)original jurisdiction only in cases involving foreign diplomats.
C)only appellate jurisdiction.
D)original jurisdiction in cases involving citizens from one state only if it involves a federal question.
E)All of the above are true.

Question 49

If ________ Supreme Court justices agree to grant review of a case,it can be scheduled for oral argument or decided on the basis of the written record already on file with the Court.

A)six
B)two
C)four
D)nine
E)seven

Question 50

In order for the Supreme Court to hear oral arguments or decide a case on the written record,

A)a majority of the justices must agree to take the case.
B)four justices must agree to take the case.
C)the chief justice must agree to grant a writ of certiorari to the case.
D)all justices must agree to take the case.
E)the solicitor general representing the United States government must agree to permit the case to be heard.

Question 51

President Obama's first nominee to the Supreme Court in 2009 was _________,who became the first __________.

A)Samuel Alito; Italian American justice.
B)Sonia Sotomayor; Latino justice.
C)Sandra Day O'Connor; female justice.
D)Ruth Bader Ginsberg; female justice.
E)John Roberts; chief justice not appointed from among the sitting justices.

Question 52

_____ cases involve civil suits between citizens of different states or suits in which one of the parties is a citizen of a foreign nation and the matter in question exceeds $75,000.

A)Diversity of citizenship
B)Appellate
C)Naturalization
D)Admiralty
E)Maritime

Question 53

The United States Court of Appeals for the Federal Circuit

A)decides which cases will and will not be heard by the Supreme Court.
B)screens all cases going to the Supreme Court,from which the Supreme Court decides which cases to take.
C)consists of the Supreme Court itself.
D)is responsible for determining the constitutionality of laws passed by Congress.
E)consists of judges who hear appeals in specialized cases such as those regarding patents,copyrights,etc.

Question 54

The size of the Supreme Court has remained the same since

A)the Judiciary Act of 1789.
B)the Twelfth Amendment was ratified in 1804.
C)President Roosevelt expanded it in 1937.
D)the original Constitution specified the number of justices.
E)President Ulysses S. Grant took office in 1869.

Question 55

Most decisions handed down by the Supreme Court are cases involving

A)original jurisdiction.
B)appeals from state courts.
C)federal felonies involving "exceptional circumstances."
D)appeals from lower federal courts.
E)appeals from state supreme courts.

Question 56

President George W.Bush nominated which failed Supreme Court nominee?

A)Harriet Miers
B)Douglas Ginsburg
C)Robert Bork
D)Harold Carswell
E)Homer Thornberry

Question 57

Senators have dominated the selection of judges for the federal district courts through

A)their control of the budget.
B)their power over court jurisdictions.
C)the influence of the Senate Judiciary Committee.
D)the custom of senatorial courtesy.
E)All of these are true.

Question 58

Approximately _____ cases are submitted for review to the U.S.Supreme Court each year.

A)500
B)100
C)8,000
D)10,000
E)20,000

Question 59

President Eisenhower's selection of Earl Warren and William Brennan to the Supreme Court is an example of

A)the Senate majority's tendency to reject nominees of the opposing political party.
B)how religion and region were once important selection criteria.
C)how a president can mold the Court to his ideology.
D)how presidents can become disappointed with their selections.
E)the importance of partisanship in the selection of justices.

Question 60

About 98 percent of all criminal cases in the United States are heard in

A)federal district courts.
B)appellate courts.
C)state and local court systems.
D)the Supreme Court.
E)legislative courts.

Question 61

________ opinions are those offered by one or more Supreme Court justices not only to support a majority decision,but also to stress a different constitutional or legal basis for the judgment.

A)Amicus curiae
B)Dissenting
C)Concurring
D)Adjunct
E)Differential

Question 62

The vast majority of cases reaching the federal courts are settled on the principle of ________,meaning that an earlier ruling should hold for the case being considered.

A)historical authority
B)stare decisis
C)amicus curiae
D)per curiam
E)certiorari

Question 63

Judicial ________ refers to how and whether court decisions are translated into real policy,affecting the behavior of others.

A)restraint
B)intent
C)action
D)review
E)implementation

Question 64

A written opinion in a Supreme Court case is a

A)legal argument submitted by an attorney in a case seeking to sway a justice's decision.
B)way of establishing the Court's agenda.
C)statement of the legal reasoning behind a decision.
D)formality handled by the chief justice's law clerks.
E)form of press release written by the chief justice.

Question 65

The concept of original intent holds that

A)judges and justices should determine the intent of the Framers of the Constitution regarding a particular matter and decide cases in line with that intent.
B)the Founders intended judges to use discretion.
C)it is necessary to adapt the principles in the Constitution to the demands of each era.
D)the Founders embraced general principles that are open to interpretation.
E)the Founders intended judges to interpret the Constitution but make new law when necessary.

Question 66

The courts have broadened the concept of standing to sue to include class action lawsuits.

Question 67

How many federal statutes has the Supreme Court declared to be unconstitutional?

A)fewer than 200
B)more than 500
C)one
D)none
E)about 1,000

Question 68

Which of the following is NOT one of the elements involved in the implementation of judicial decisions according to the categories noted by Charles Johnson and Bradley Canon?

A)The institutionalized population
B)The interpreting population
C)The consumer population
D)The implementing population
E)The defining population

Question 69

Those who are interested in the outcome of a case,but are not formal litigants,sometimes submit ________ briefs,raising points of view and presenting information that they hope will influence the Supreme Court's decision.

A)writ of certiorari
B)stare decisis
C)amicus curiae
D)per curiam
E)concurring

Question 70

During the early New Deal era,the Supreme Court was dominated by conservatives who

A)came to be known as the Bad Deal Five for thwarting New Deal legislation and were impeached and removed as a group by Congress.
B)viewed federal intervention in the economy as unconstitutional and declared several laws invalid.
C)strongly supported federal intervention in the economy and voted to uphold all New Deal acts.
D)overturned the precedent of Marbury v. Madison and ruled that the Supreme Court has no power of judicial review.
E)were impeached one by one by Congress.

Question 71

A judicial philosophy in which judges make bold policy decisions,even charting new constitutional ground,is called

A)stare decisis.
B)precedent.
C)judicial restraint.
D)judicial activism.
E)strict constructionism.

Question 72

Principal reasons for the Court's choosing to hear a case would include each of the following EXCEPT

A)a conflict between different lower courts on the interpretation of federal law.
B)cases that involve major issues,like civil liberties.
C)disagreement between a majority of the Supreme Court and lower-court decisions.
D)politically hot and divisive cases.
E)the justices' law clerks recommendations.

Question 73

Studies of Supreme Court decisions have found that

A)the Court prefers to base its decisions on the Constitution rather than narrower and more contentious technical grounds.
B)the Court is usually out of line with public opinion.
C)there is no correlation between public opinion and Court decisions.
D)the Court is normally in line with popular majorities.
E)the Court renders fewer decisions in election years.

Question 74

Advocates of judicial activism

A)believe the role of the Court should be one of referee.
B)emphasize that the courts may alleviate pressing needs left unmet by the political process.
C)tend to be ideologically conservative.
D)question the qualifications of judges for making political decisions.
E)believe that the courts are the most democratic branch of government.

Question 75

The judicial interpretation of an act of Congress is called

A)stare decisis.
B)writ of mandamus.
C)statutory construction.
D)judicial activism.
E)judicial restraint.

Question 76

The requirement that plaintiffs have a serious interest in a case is called justiciable grounds.

Question 77

Legislative courts are created by Congress for special purposes and include the Court of Military Appeals,the Court of Claims,and Tax Court.

Question 78

The justification used by federal courts primarily to avoid deciding cases regarding conflicts between the president and Congress is known as the doctrine of

A)judicial activism.
B)political questions.
C)independent grounds.
D)stare decisis.
E)judicial restraint.

Question 79

The decision to appeal cases the federal government has lost in the lower courts is made by the

A)majority of the Supreme Court.
B)solicitor general.
C)president.
D)chief justice.
E)district judge.

Question 80

Which case articulated the Supreme Court's power of judicial review?

A)Marbury v. Madison
B)McCulloch v. Maryland
C)Schechter Poultry Corporation v. United States
D)Brown v. Board of Education
E)Plessy v. Ferguson