Deck 14: The Judiciary

Question 1

A legal precedent is best defined as a

A) controversy that is real and substantial, as opposed to hypothetical or academic.
B) law based on the U.S. Constitution.
C) law enacted by a legislature.
D) ruling that a person has disobeyed a court order.
E) court decision that furnishes an example or authority for deciding subsequent cases.

Answer 1

E

Question 2

law is the body of law enacted by legislatures.

A) Constitutional
B) Statutory
C) Common
D) Administrative
E) Case

Answer 2

B

Question 3

A court in which trials are held and testimony is taken is known as a

A) state court.
B) trial court.
C) federal court.
D) supreme court.
E) court of appeals.

Answer 3

B

Question 4

One of the methods William the Conqueror and his successors used to unify England after 1066 was the establishment of curiae regis, or

A) courts of registry.
B) commonwealth courts.
C) courthouses.
D) king's courts.
E) courtrooms.

Question 5

refers to the geographic area in which a court has the right and power to decide a case.

A) The federal question
B) Statutory law
C) Jurisdiction
D) Administration
E) Territorial reach

Question 6

Standing to sue is a

A) requirement that a controversy being brought to court is real and substantial, as opposed to academic or hypothetical.
B) basis for federal court jurisdiction over a lawsuit that arises when the parties in the lawsuit live in different states.
C) ruling that a person has disobeyed a court order.
D) basis for federal court jurisdiction over a lawsuit that arises when one of the parties is a foreign citizen.
E) requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Question 7

of the U.S. Constitution states that federal courts can exercise jurisdiction over all cases "arising under this Constitution, the Laws of the United States, and Treaties made...under their Authority."

A) Article III, Section 1
B) Article II, Section 1
C) Article I, Section 2
D) Article III, Section 2
E) Article IV

Question 8

is the basis of all law in the United States.

A) Common law
B) Stare decisis
C) Civil law
D) The U.S. Constitution
E) Originalism

Question 9

law is the body of law developed from judicial decisions in English and U.S. courts.

A) Common
B) Administrative
C) Constitutional
D) Statutory
E) Code

Question 10

law includes laws enacted by Congress as well as the ordinances passed by cities and counties.

A) Constitutional
B) Case
C) Administrative
D) Statutory
E) Common

Question 11

The United States government and each of the fifty states have that set forth the general organization, powers and limits of their respective governments.

A) case laws
B) civil ordinances
C) written constitutions
D) administrative laws
E) statutes

Question 12

A federal question arises whenever a case involves a claim based, at least in part, on the U.S. Constitution, acts of Congress, or

A) treaties.
B) inter-state commerce.
C) intra-state commerce.
D) federal offense.
E) counterfeiting.

Question 13

Unless they conflict with the U.S. Constitution or a federal law, are supreme within the borders of their respective states.

A) state constitutions
B) state statutes
C) the rules of law announced in state court decisions
D) the rules and regulations created by state administrative agencies
E) state criminal laws

Question 14

Generally, law has to do with wrongful actions committed against society for which society demands redress.

A) civil
B) constitutional
C) common
D) criminal
E) administrative

Question 15

Under the doctrine of , judges normally are obligated to follow the precedents established by prior court decisions.

A) original intent
B) strict construction
C) curiae regis
D) stare decisis
E) textualism

Question 16

Civil law is the body of law

A) that interprets judicial precedents, statutes, regulations, and constitutional provisions.
B) created by government agencies in the form of rules, regulations, orders, and decisions.
C) that spells out the duties that individuals owe to other persons or to their governments.
D) governing actions wrongfully committed against society.
E) enacted by legislatures.

Question 17

Most of the Guantanamo detainees

A) were arrested nowhere near a battlefield.
B) have been charged with crimes in U.S. courts.
C) are afforded all the legal protections of prisoners of war under the Geneva Conventions.
D) were fighters picked up during the war in Iraq.
E) rejoined terrorist organizations after their release.

Question 18

Under the principal of stare decisis, a decision of the U.S. Supreme Court

A) is binding on all inferior (lower) courts.
B) is binding only for state courts.
C) is binding only for federal courts.
D) is nonbinding, but should be used as a guide for future cases.
E) may be subject to judicial review.

Question 19

Administrative law is the body of law

A) that interprets judicial precedents, statutes, regulations and constitutional provisions.
B) created by government agencies in the form of rules, regulations, orders, and decisions.
C) that spells out the duties that individuals owe to other persons or to their governments.
D) governing actions wrongfully committed against society.
E) enacted by legislatures.

Question 20

The of the U.S. Constitution reserves to the states and to the people all powers not granted to the federal government.

A) Ninth Amendment
B) Tenth Amendment
C) Eighth Amendment
D) Fifteenth Amendment
E) Twenty-first Amendment

Question 21

All of the following would indicate possible federal jurisdiction due to diversity of citizenship EXCEPT

A) parties to the suit live in different states.
B) one party to a case is a foreign government.
C) one party to a case is a foreign citizen.
D) the dispute is justiciable.
E) the amount in controversy is more than $75,000.

Question 22

The are the federal trial courts.

A) superior courts
B) courts of common pleas
C) circuit courts
D) U.S. district courts
E) U.S. courts of appeals

Question 23

From lowest to highest, the federal court system's tiers consist of the

A) U.S. district courts, the U.S. courts of appeals, and the U.S. Supreme Court.
B) U.S. courts of appeals, the U.S. Supreme Court, and the U.S. district courts.
C) U.S. Supreme Court, the U.S. district courts, and the U.S. courts of appeals.
D) U.S. district courts, the U.S. Supreme Court, and the U.S. courts of appeals.
E) U.S. Supreme Court, the U.S. courts of appeals, and the U.S. district courts.

Question 24

The U.S. courts of appeals for twelve of the circuits

A) are the courts in which cases involving federal law begin.
B) hear appeals from the U.S. district courts located within their respective judicial circuits.
C) hear testimony and evidence before they make decisions in cases.
D) hear appeals from the state supreme courts.
E) hear appeals from the state trial courts.

Question 25

A justiciable controversy is one that

A) is real and substantial.
B) cannot be heard in a court of law.
C) can only be heard by the U.S. Supreme Court.
D) is hypothetical or academic.
E) raises a federal question.

Question 26

The Court of International Trade is

A) part of the judicial system of the United Nations.
B) a federal appellate court located in New York City.
C) a federal trial court with specialized jurisdiction.
D) a court of the European Union.
E) a division of the International Criminal Court.

Question 27

The number of cases heard by the Supreme Court has declined since the .

A) 1970s
B) 1990s
C) year 2000
D) 1980s
E) 1960s

Question 28

The decisions of the federal appellate courts may be appealed to

A) the U.S. Supreme Court.
B) the Court of Appeals for the Federal Circuit.
C) the U.S. district courts.
D) Congress.
E) the U.S. Court of Federal Claims.

Question 29

To bring a case before the Supreme Court, a party may request that the Court issue a , which is an order that the Supreme Court issues to a lower court requesting the latter to send it the record of the case in question.

A) right to curiae regis
B) request for stare decisis
C) writ of habeas corpus
D) writ of certiorari
E) declaration of justiciability

Question 30

A denial of "cert"

A) indicates that the Supreme Court agrees with a lower court's opinion.
B) means that the decision of the lower court remains the law within that court's jurisdiction.
C) has value as a precedent.
D) is a decision on the merits of a case.
E) is rare.

Question 31

The U.S. Supreme Court

A) grants most petitions for a writ of certiorari.
B) will not issue a writ of certiorari unless at least four of the justices approve.
C) is required to grant "cert."
D) will not issue a writ of certiorari unless at least five of the justices approve.
E) rarely denies a petition for a writ of certiorari.

Question 32

The U.S. Supreme Court

A) does most of its work as an appellate court.
B) does most of its work as a trial court.
C) has original jurisdiction in most instances.
D) has no original jurisdiction.
E) only has appellate authority over cases decided by the U.S. courts of appeals.

Question 33

The U.S. Court of Appeals for the Fifth Circuit includes the states of

A) Texas and Mississippi.
B) California and Oregon.
C) Michigan and Ohio.
D) Illinois and Indiana.
E) New York and Vermont.

Question 34

Both state and federal governments can specify by law when a group or an individual has

A) standing to sue.
B) standing to appeal.
C) lost the right to appeal .
D) justiciability.
E) justiciable controversy.

Question 35

According to Article III of the U.S. Constitution, there is only one national Supreme Court, but is empowered to create additional ("inferior") courts as is deemed necessary.

A) the president
B) the chief justice of the United States
C) Congress
D) the cabinet
E) the Court of Appeals for the Federal Circuit

Question 36

The U.S. Supreme Court consists of

A) nine associate justices.
B) nine senior justices.
C) one chief justice and eight associate justices.
D) twelve associate justices and one chief justice.
E) one head judge, nine associate judges, and four legal assistants.

Question 37

On average, the Supreme Court hears cases each year.

A) one thousand
B) seven hundred
C) four hundred
D) fewer than one hundred
E) twenty-five

Question 38

The was initially created to issue search warrants against suspected foreign spies inside the United States.

A) National Security Agency (NSA)
B) Foreign Intelligence Surveillance Court (FISC)
C) National Security Council (NSC)
D) U.S. District Court
E) Central Intelligence Agency (CIA)

Question 39

If a federal question is involved, a decision of a state supreme court may be appealed to the

A) federal district courts.
B) U.S. courts of appeals.
C) federal district court for the District of Columbia.
D) Court of Appeals for the Federal Circuit.
E) U.S. Supreme Court.

Question 40

The federal court system has levels of courts.

A) two
B) three
C) five
D) eight
E) ten

Question 41

When the Supreme Court has reached a decision, the chief justice (if in the majority) assigns the task of

A) writing the Court's opinion to one of the justices.
B) writing the concurring opinion to the most senior associate justice.
C) writing the dissenting opinion to a law clerk.
D) sending the case to Congress to one of his law clerks.
E) calling the president to discuss the decision to one of the justices.

Question 42

A judge or justice who believes that the courts should use their powers to check the legislative and executive branches to ensure they do not exceed their authority is known as a(n) .

A) activist
B) restraintist
C) conservative
D) progressive
E) textualist

Question 43

A is a statement written by one or more justices explaining reasons for disagreeing with the majority decision.

A) rebuttal
B) minority opinion
C) dissenting opinion
D) denial
E) conference report

Question 44

Federal judges are

A) appointed by the president with the advice and consent of the Senate.
B) appointed by the president with approval by a two-thirds vote in Congress.
C) chosen by the House of Representatives with the advice and consent of the Senate.
D) elected every twelve years with reelection taking place during a presidential election cycle.
E) selected by the electoral college with the advice and consent of the president.

Question 45

Presidents appoint federal judges and Supreme Court justices from their own party to

A) please the Senate party leaders.
B) please the House party leaders.
C) strengthen the president's legacy.
D) curry favor with the party.
E) balance the power of the parties in government.

Question 46

During his presidency, George W. Bush appointed to the U.S. Supreme Court.

A) John G. Roberts, Jr. and Samuel A. Alito, Jr.
B) Robert Bork
C) Antonin Scalia
D) Clarence Thomas
E) Sonia Sotomayor and Elena Kagan

Question 47

After the justices of the Supreme Court have heard a case, they

A) call the president to inform him of the decision.
B) submit a joint report to their law clerks who then issue the official decision.
C) determine how they will decide the case in a committee meeting that is televised by the major networks.
D) discuss the case in conference.
E) announce their decision to the party leadership in Congress.

Question 48

The power of the courts to decide on the constitutionality of legislative enactments and of actions taken by the executive branch is called

A) judicial review.
B) stare decisis.
C) statutory interpretation.
D) oversight.
E) textualism.

Question 49

During his first two years in office, President Obama appointed to the U.S. Supreme Court.

A) John G. Roberts, Jr. and Samuel A. Alito, Jr.
B) Stephen Breyer
C) Sandra Day O'Connor and Ruth Bader Ginsburg
D) Clarence Thomas
E) Sonia Sotomayor and Elena Kagan

Question 50

The Supreme Court claimed the power of judicial review in

A) Raines v. Byrd (1997).
B) Gideon v. Wainwright (1963).
C) Miranda v. Arizona (1966).
D) Gibbons v. Ogden (1824).
E) Marbury v. Madison (1803).

Question 51

A nominee for the Supreme Court must be confirmed by

A) a two-thirds vote in the House of Representatives.
B) the president's cabinet.
C) a majority vote in the Senate.
D) a two-thirds vote in the Senate.
E) a majority vote in the House Judiciary Committee.

Question 52

A(n) opinion is a statement written by a justice who agrees with the Court's decision, but for reasons different from those outlined in the majority opinion.

A) concurring
B) dissenting
C) minority
D) second
E) advisory

Question 53

Most constitutional scholars believe the framers intended the federal courts to have the power of judicial review based on

A) the "necessary and proper clause" of the U.S. Constitution.
B) the "supremacy clause" of the U.S. Constitution.
C) the English common law tradition.
D) Alexander Hamilton's arguments in Federalist Paper No. 78.
E) James Madison's arguments in Federalist Paper No. 10.

Question 54

Normally, federal judges

A) serve twelve-year terms.
B) cannot be removed from office.
C) are nominated by the Senate.
D) serve until they resign, retire, or die in office.
E) serve until their six-year term is completed.

Question 55

Because of a practice known as , home­state senators of the president's political party may be able to influence the choice of the nominee to a district court.

A) partisan politeness
B) senatorial courtesy
C) representative respect
D) legislative chivalry
E) congressional cordiality

Question 56

The Court's decision in a particular case is based on the written record of the case, the that the attorneys submit, and oral arguments.

A) testimony
B) legal briefs
C) opinions
D) evidence
E) writs

Question 57

A judge or justice who believes that the courts should defer to the decisions of the legislative and executive branches is known as a(n) .

A) activist
B) restraintist
C) conservative
D) progressive
E) textualist

Question 58

Under of the U.S. Constitution, federal judges "hold their offices during good behaviour."

A) Article III, Section 1
B) Article II, Section 1
C) Article I, Section 2
D) Article III, Section 2
E) Article IV

Question 59

The U.S. Supreme Court addressed all of the following matters during the 2012-2013 term EXCEPT

A) whether it is constitutional for the Affordable Care Act (Obamacare) to require people to obtain health insurance.
B) whether it is possible to patent a naturally occurring DNA sequence.
C) whether public college admissions programs could continue to use affirmative action policies to promote diversity.
D) whether under the Voting Rights Act of 1965 certain states were still required to "pre­clear" changes to voting procedures with the federal government.
E) whether the federal government can refuse to recognize same-sex marriages that were authorized by the states.

Question 60

United States courts of appeal render about decisions per year.

A) 20,000
B) 50,000
C) 75,000
D) 60,000
E) 15,000

Question 61

believe that to determine the meaning of a constitutional phrase, the U.S. Supreme Court should look to the intentions of the framers of the document.

A) Modernists
B) Originalists
C) Activists
D) Constructivists
E) Conservatives

Question 62

Today's Supreme Court under Chief Justice John Roberts, Jr., is generally .

A) liberal
B) conservative
C) moderate
D) restraintist
E) activist

Question 63

Some people, especially conservatives, argue that policymaking from the bench

A) has upset the balance of power envisioned by the framers of the constitution.
B) is consistent with the constitutional separation of powers.
C) is consistent with the philosophy of judicial restraint.
D) is necessary to force state and federal legislatures to comply with judicial rulings.
E) helps to enhance the trust Americans place in the U.S. Supreme Court.

Question 64

seek to examine the U.S. Constitution in the context of today's society to consider how contemporary life affects the words in and meaning of the document.

A) Restraintists
B) Modernists
C) Activists
D) Constructivists
E) Conservatives

Question 65

The U.S. Supreme Court cannot write new laws. It can only eliminate

A) redundancy in the laws.
B) ideological biases in the laws.
C) old laws.
D) conflict between the executive and legislative branches.
E) the legislative powers of administrative agencies.

Question 66

Justice Antonin Scalia calls himself a textualist. What Scalia means by textualism is that

A) when determining the meaning of legislation, he looks at the legislation in the context of today's society and considers how modern life affects the words in the legislation.
B) judges should actively use their powers to check the legislative and executive branches to ensure that they do not exceed their authority.
C) judges should "read between the lines" of a law to serve what they perceive to be the law's intent and purpose.
D) when determining the meaning of legislation, he refuses to consider anything other than the actual text of the law.
E) when determining the meaning of legislation, he considers the nature of the problem the legislation was meant to address.

Question 67

Which of the following statements is NOT accurate?

A) One check on the courts is judicial restraint. For example, justices often narrow their rulings to focus on just one aspect of an issue.
B) Courts can force federal and state legislatures to appropriate the funds necessary to carry out their rulings.
C) When a court interprets a statute in a way that Congress did not intend, Congress can revise the law or pass a new one in an attempt to negate the court's ruling.
D) Congress has the power to limit or otherwise alter the jurisdiction of the lower federal courts.
E) Congress may propose amendments to the Constitution to reverse Supreme Court rulings.

Question 68

The judicial philosophy known as holds that government should do nothing that is not specifically mentioned in the U.S. Constitution.

A) textual conservatism
B) broad constructionism
C) discourse analysis
D) activism
E) strict constructionism

Question 69

Conservatives on the Supreme Court have parted from the conservative movement in the United States on the issue of _.

A) taxation
B) federalism
C) states rights
D) animal rights
E) gay rights

Question 70

When deciding cases, the Supreme Court may give primary consideration to all of the following sources of legal reasoning EXCEPT

A) constitutions, statutes, and administrative agency regulations.
B) past cases.
C) personal biases, intellectual abilities, and predispositions.
D) demographic data and public opinion.
E) foreign laws.