Deck 8: The Federal Courts

Question 1

In the United States, the basis for the authority of federal judges is:

A) Congress.
B) common law.
C) the supremacy clause.
D) the Constitution and laws.

Answer 1

D

Question 2

August Lumière had her beloved Italian convertible, a vintage early 1960s model that her father had carefully restored, stolen from a local mall a few months ago.Thankfully, her insurance company paid for a replacement.Even so, the company thinks the mall's owner was to blame for its client's misfortune, given poor lighting and lack of security around the parking lot. The insurance company filed suit against the mall owner on Lumière's behalf, asking for $60,000 in reimbursement costs, along with $100,000 in punitive damages.This is an example of a typical sort of _________ case.

A) public law
B) criminal liability
C) ambulance chasing
D) tort law

Answer 2

D

Question 3

Cases in which the government (as plaintiff) charges an individual with violating a statute that has been enacted to protect the public health, safety, morals, or welfare are classified as __________ law.

A) civil
B) public
C) criminal
D) statutory

Answer 3

C

Question 4

In a civil court case, the party that brings charges is called the ____________, whereas the party that defends itself against charges is called the ____________.

A) litigant; defendant
B) accused; plaintiff
C) party pressing charges; accused
D) plaintiff; defendant

Question 5

The lowest tier of the federal court system consists of ____________ , which are located in each of the 50 states, the District of Columbia, and several territories.These take in civil and criminal trial courts of general jurisdiction.

A) constitutional courts
B) state courts
C) district courts
D) circuit courts

Question 6

Under which condition would a criminal case enter the realm of public law?

A) The plaintiff appeals to a higher court.
B) The plaintiff waives the right to a jury trial.
C) The defendant is found not to have standing.
D) The defendant claims that constitutional rights were violated.

Question 7

If someone convicted on federal drug charges in a U.S.district court wanted to file an appeal, what court would hear the appeal?

A) The federal circuit court of appeals for the district
B) The U.S.Supreme Court
C) A state court of last resort, usually called a supreme court
D) What is usually called a circuit, chancery, or appellate court, depending on the state

Question 8

Most criminal cases arise out of:

A) grand juries.
B) state and municipal courts.
C) federal district courts.
D) federal appellate courts.

Question 9

In civil as well as criminal cases, the ruling of a state court of last resort can be appealed to the U.S.Supreme Court when:

A) the losing party raises a federal issue; that is, one involving a federal statute or a constitutional question.
B) the winning litigant and losing litigant agree that they would like the input of the Supreme Court instead of the state courts.
C) there is a federal issue involved, but only one for which lower courts have issued conflicting rulings.
D) at least five justices agree that it can be appealed.

Question 10

An individual accused of committing murder or breaking and entering a home would be tried in a __________ court.

A) civil
B) criminal
C) private
D) general

Question 11

In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, granting the U.S.Food and Drug Administration (FDA) the ability to regulate the tobacco industry.One provision directed FDA to require large, graphic warning labels on cigarette packaging.A few years later, however, tobacco companies challenged proposed FDA warnings on First Amendment grounds.These warnings, based on Canadian counterparts, featured graphic imagery, such as an illustration of a cigarette-smoking man exhaling through a tracheotomy hole.A federal district judge agreed, and an appeals court upheld the ruling, which asserted that the warnings violated cigarette makers' free speech rights. The tobacco companies' suit and the court rulings were an example of a matter of _____________ law becoming a matter of _____________ law.

A) administrative; civil
B) criminal; regulatory
C) common; public
D) administrative; public

Question 12

Cases involving disputes among individuals (or between individuals and the government) in which the losers may be required to pay monetary damages for their actions but are not fined or sent to prison are classified as __________ law.

A) civil
B) public
C) misdemeanor
D) criminal

Question 13

For the most part, Congress has assigned federal court jurisdictions on the basis of:

A) function.
B) population.
C) geography.
D) level of government.

Question 14

Over ninety-nine percent of all court cases in the United States are heard in which of the following venues?

A) District courts
B) State courts
C) Federal district courts
D) Federal appellate courts

Question 15

An individual suing an attorney or doctor for malpractice would, in most cases, file a civil claim against the professional in:

A) an original jurisdiction court.
B) federal circuit court.
C) bankruptcy court.
D) a court in the state in which the alleged malpractice took place.

Question 16

The former governor has been found guilty in state district court of stealing taxpayer dollars to cover up allegations of sexual harassment.This does not necessarily mean that residents can put the case's drama behind them, however, because the former governor may next:

A) appeal the conviction to a higher state court.
B) appeal the conviction to a federal district court.
C) sue his accusers into financial oblivion, even while in prison, with no chance of release.
D) file a petition for habeas corpus to have the U.S.Supreme Court retry his case.

Question 17

Which of the following examples describes the arena of public law that involves disputes over the jurisdiction, procedures, or authority of government agencies?

A) Regulatory law
B) Agency mediation
C) Administrative law
D) Constitutional law

Question 18

Although they must win confirmation before serving, presidents can still exercise enormous power by appointing:

A) all of those judges serving in state and federal appellate courts.
B) judges serving in all three tiers of the federal judicial system, including district, appellate, and Supreme Court justices.
C) Supreme Court justices, but no other judges.
D) Supreme Court justices, the U.S.solicitor general, and special masters.

Question 19

The two most common types of civil cases involve:

A) contracts and torts.
B) divorce and real estate
C) traffic offenses and mail fraud.
D) tax evasion and illegal drugs.

Question 20

The court that initially hears a criminal or civil case is the __________ court.

A) trial
B) circuit
C) district
D) chancery

Question 21

The person who has the greatest influence on the Supreme Court's day-to-day work is a presidential appointee, one who serves as the government lawyer in almost all appellate cases in which the federal government is a party.The official is the:

A) attorney general.
B) chief counsel.
C) solicitor general.
D) justice secretary.

Question 22

The federal courts have the power to exercise judicial review over all state laws and constitutions.This power is rooted in:

A) common law, which is a body of judge-made rules and principles of interpretation that are not grounded in specific statutes.
B) the Constitution's supremacy clause, the Judiciary Act of 1789, and the Fourteenth Amendment's guarantees of due process and equal protection for all citizens, of whatever state.
C) Marbury v.Madison, the case in which the court's power of judicial review was established, along with the Constitution's supremacy clause.
D) the federal judiciary's rulings against states in many civil rights cases of the mid-twentieth century.

Question 23

In Marbury v.Madison, U.S.Supreme Court Justice John Marshall ruled that he could not force Secretary of State James Madison to carry out a previous president's appointment to a lower judge.In so doing, he established the legal power of the Supreme Court's power of judicial review.This was the case because:

A) the court was reviewing a decision of one of the other branches for the first time.
B) he established the ability of the courts to create and shape common law, a body of rules and principles of interpretation not grounded in specific statutes.
C) he declared an act of Congress unconstitutional; in this case, one that had given the court jurisdiction in the case.
D) Marshall held that the court should have been able to review the appointment before it was made.

Question 24

For the Supreme Court to grant certiorari, agreement has to be reached by __________ justices.

A) only two
B) a majority of
C) at least four
D) all nine

Question 25

In 2018, Supreme Court Justice Neil Gorsuch, who was appointed by President Donald Trump, sided against the Trump administration in a major immigrant deportation case.His ruling came as a surprise to some observers, since an immigration crackdown had been the Trump campaign and presidency's signature policy issue.Historically, however, it was not unusual, reflecting a tradition of judicial:

A) activism, which involves justices consistently striking out in directions different from those who appointed them.
B) expansion, in which even conservative justices end up favoring increases in judicial power.
C) independence, since justices are more free than leaders of other branches to pursue their own ideas about what is right.
D) conservatism, in this case related to preservation of the Constitution's checks and balances.

Question 26

The number of justices who sit on the United States Supreme Court is determined by:

A) the Constitution.
B) Congress.
C) the president, by executive order.
D) the Supreme Court, in consultation with the solicitor general.

Question 27

Which informal Senate practice allows a single senator to reject candidates for the federal bench in their own states?

A) Senatorial consent
B) Legislative blackball
C) Senatorial courtesy
D) Legislative privilege

Question 28

The justice on the Supreme Court who presides over the Court's public sessions is the __________ justice.

A) lead
B) senior
C) executive
D) chief

Question 29

The term judicial _____________ best describes the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional.

A) review
B) supremacy
C) activism
D) restraint

Question 30

In 1937, President Franklin Delano Roosevelt asked Congress to add several new justices to the U.S.Supreme Court.Legislators ultimately rejected the request, after a divided reaction from the public, major lobbying campaigns against the plan, and bipartisan objections.Why might Roosevelt's plan have been controversial?

A) Congress, in setting the number of justices at nine in 1869, had hoped that the number would be final.
B) The plan, although rejected, led one justice to change his views on Roosevelt's proposals to regulate commerce and industry.
C) The president developed the proposal in reaction to the Court's striking down of many of his New Deal proposals, something critics saw as threatening judicial independence.
D) What Congress rejected was a constitutional amendment, something that would have been required to change the number of justices.

Question 31

Interest groups, sometimes at the request of attorneys involved in cases, often attempt to influence Supreme Court decisions through ______________.

A) direct lobbying
B) recommendations for judicial posts
C) amicus curiae, or "friend of the court" briefs
D) stare decisis, or "friend of the court" briefs

Question 32

Which of the following explains why the Supreme Court has been more secure in its ability to strike down acts of Congress?

A) Congress has granted substantial enforcement power to the federal judiciary over time, including the right to hold Congress accountable through fines.
B) The limited use of judicial review during its infancy has helped reinforce greater acceptance of the Court's power to strike down laws.
C) Many Americans believe that federal law often supersedes state law.
D) Supreme Court justices have been less strategic about the decisions they make.

Question 33

Attorneys on both sides of a legal case muster the most compelling precedents they can in support of their arguments about why the Court should rule in favor of their clients in written documents called:

A) opinions.
B) concurrences and dissents.
C) briefs.
D) claims.

Question 34

Once the president has formally nominated an individual for the courts, the appointee must be approved by the ___________ and then confirmed by __________.

A) American Bar Association; Senate Judiciary Committee
B) majority party caucus; Senate Judiciary Committee.
C) House Judiciary Committee; full Senate
D) Senate Judiciary Committee; full Senate

Question 35

The trial courts of general jurisdiction at the federal level are called __________ courts.

A) supreme
B) circuit
C) appellate
D) district

Question 36

Some members of the majority may agree with both the outcome and the rationale of a Supreme Court decision but wish to draft a __________ to emphasize or highlight a particular point.

A) dissent
B) concurrence
C) special concurrence
D) swing opinion

Question 37

In the American judicial system, parties to a case must demonstrate that they have __________, a substantial stake in the outcome of the case.

A) standing
B) status
C) jurisdiction
D) stability

Question 38

When the Supreme Court mandated that Yaser Esam Hamdi, an apparent Taliban soldier, was entitled to basic civil rights such as the right to counsel even though the administration of President George W.Bush had classified him as an enemy combatant, the Court exemplified its power to:

A) review actions of Congress.
B) review actions of the president.
C) interpret administrative rules.
D) act as a military tribunal.

Question 39

An individual who claims she will be harmed by a bill that is passing through Congress but is not yet law calls into question which of the following standards?

A) Ripeness
B) Forma pauperis
C) Amicus curiae
D) Standing

Question 40

A court order to the authorities to show cause for the incarceration of a prisoner is known as a writ of:

A) mandamus.
B) amicus curiae.
C) habeas corpus.
D) attainder.

Question 41

Opinions in which Supreme Court justices express disagreement with majorities have often proven more influential over time, or at least been more elegantly and powerfully written, than majority opinions because:

A) people are more likely to side with underdogs, as much in Supreme Court cases as in life.
B) chief justices assign dissenting opinions when seeing conflicting decisions between lower courts on the horizon.
C) the dissent assignments are handed out with special care, more so than assignments for majority opinions.
D) dissenters have no need to please a majority, and may also write to persuade other justices, or appeal to a larger legal community about an issue.

Question 42

The Supreme Court only hears cases involving public law.

Question 43

In the United States, the courts resolve both civil and criminal disputes.

Question 44

Supreme Court justices who thoroughly disagree with a case's outcome may publicize the character of their objection by:

A) lobbying justices who may be wavering from the majority.
B) writing a dissenting opinion.
C) writing a special concurring and partially dissenting opinion.
D) writing eloquently and less guardedly than usual.

Question 45

The majority ruling in favor of abortion rights in Roe v.Wade is considered a classic case of judicial activism, as opposed to restraint, because:

A) it was based on a right to privacy not found in the text of the Constitution, but seen as implied in constitutional provisions instead.
B) it created the right to abortion out of thin air, with no basis in common law, statutes, or the Constitution.
C) the majority forthrightly stated that it made the law conform to its desired outcome.
D) it was a liberal decision, ideologically speaking.

Question 46

The U.S.Supreme Court operates primarily as a trial court.

Question 47

How are presidents most likely to have a direct influence on the Supreme Court?

A) The appointment and control of the U.S.solicitor general
B) Appointing judges with attitudes and policy positions that mirror his or her own
C) The filing of amicus curiae briefs
D) Court packing and public pressure

Question 48

Public law is a form of criminal law.

Question 49

In early 2018, the U.S.Supreme Court heard arguments in a long-running dispute between Florida and Georgia.More specifically, Florida charged that its citizens and environment were being hurt by overconsumption of water in the ever-growing Atlanta area and through irrigation for farms in southern Georgia.The Court heard the arguments after designating an official known as a special master to hear facts of the case and make recommendations to the court.Based on what you have learned in this chapter, how did it most likely happen that the Court came to hear the case in such a unique way?

A) It could have gone to either a federal or state court, given the amount of damage claims involved, but the two parties agreed to hear it in a neutral setting before appealing to the Supreme Court.
B) The case involved questions about interstate commerce, and as such had to be heard by a lower court official first before being heard by the Supreme Court.
C) The Supreme Court has original jurisdiction for cases in which a state is a party, meaning that it may hear such cases first, which it did here, after receipt of recommendations.
D) Congress changed the Court's jurisdiction to allow disputes between states to be heard in this fashion.

Question 50

Most cases are settled before trial.

Question 51

Losers in civil cases may be required to pay monetary damages for their actions.

Question 52

At the federal level, the U.S.Circuit Courts of Appeal are the courts of last resort for most cases, whether civil or criminal, because:

A) the U.S.Supreme Court can choose what cases it wants to hear, among those appealed from lower courts.
B) congressional statutes prohibit large categories of cases from being heard by the U.S.Supreme Court.
C) the U.S.Supreme Court does not have the jurisdiction to hear most federal appellate cases.
D) the cases are typically decided to the satisfaction of major parties involved, especially in civil cases.

Question 53

Prior judicial decisions that are applied to a given case, whether in a federal or state court, are known as:

A) standards.
B) precedents.
C) briefs.
D) public law.

Question 54

Defendants found guilty of civil wrongs can be fined or sent to prison.

Question 55

In 2015, the Supreme Court ruled that cosponsors of California's Proposition 8-a ballot initiative, approved by voters, that banned same-sex marriages within the state-did not have standing to appeal a lower federal court's ruling against the ban on their own, without state involvement.The Court's reference to "standing" meant that the groups:

A) did not have any legal staff in good standing with the California Bar Association.
B) were not based in California or the state's appellate district; that is, the Ninth Circuit.
C) did not have a substantial stake in the appeal's outcome.
D) did not contain sufficient numbers of gay, lesbian, or bisexual members.

Question 56

A lawsuit in which a large number of people with common interests join together under a representative party to bring or defend a lawsuit is called a __________ lawsuit.

A) group
B) plurality
C) mass tort
D) class action

Question 57

In 2018, a federal court ruled against the tech and information industry giant Google, in an appeal of a copyright case involving the company's use of Java code in its Android operating system.What court was most likely to hear this appeal?

A) The U.S.Court of Appeals for the Ninth Circuit in San Francisco, which hears appeals from federal district courts in California
B) A federal district court in California, taking the case on appeal from a state appellate court
C) The U.S.Supreme Court, taking the case on direct appeal from a state appellate court of last resort
D) The U.S.Court of Appeals for the Federal Circuit, which hears cases involving patents, copyrights, and international trade

Question 58

If a state prisoner alleged that corrections officials there had violated his rights under the Constitution by opening his mail without his permission, could a federal court hear the case?

A) No, the case would begin and end as a state administrative law case.
B) No, this would be a civil case, and 99 percent of those are heard at the state level.
C) It could go either way if the prisoner asks for more than $75,000 in damages from the state and the prisoner requests a writ of habeas corpus.
D) Yes, it could be heard by the Supreme Court if appealed from a state court with appellate jurisdiction, given that it would involve constitutional issues.

Question 59

In a public law case, the government is the plaintiff.

Question 60

A judicial philosophy that believes court opinions should remain as close as possible to the actual wording of the Constitution and other laws and to the original intent of lawmakers is indicative of judicial:

A) conservatism.
B) activism.
C) restraint.
D) minimalism.

Question 61

In the Supreme Court's deliberations and decisions, the chief justice exercises significantly more authority than the associate justices.

Question 62

The U.S.Supreme Court has both original and appellate jurisdiction.

Question 63

Federal trial courts must provide a grand jury, a trial jury, and a unanimous jury verdict in order to convict someone of a federal crime.

Question 64

For the most part in recent years, assertions of presidential power in such realms as foreign policy, war and emergency powers, legislative power, and administrative authority have been upheld by the federal courts.

Question 65

Most of the cases filed with the Supreme Court are dismissed without a ruling on their merits.

Question 66

The federal judiciary, especially the Supreme Court, has a formidable role in shaping American law, one backed by strong enforcement powers.

Question 67

More than one judge is assigned for every appeals case at the federal level.

Question 68

The Constitution requires that the Supreme Court have nine justices, although a court with eight can make legal rulings until a ninth justice is appointed and confirmed.

Question 69

The U.S.Supreme Court is obligated to accept appeals that assert important issues of federal law at stake in the case.

Question 70

In both civil and criminal cases, a decision of the highest state court can be appealed to the U.S.Supreme Court by raising a federal issue.

Question 71

The U.S.Constitution explicitly gives the Supreme Court the power of judicial review.

Question 72

The nation is currently, by statute, divided into three judicial circuits.

Question 73

Presidents tend to nominate individuals who share their political philosophy, except when a party other than theirs controls the Senate-then, they appoint individuals who share a philosophy with most majority party members on the judiciary committee.

Question 74

The appellate jurisdiction in the federal courts extends to cases originating in the state courts.

Question 75

After the death of Justice Antonin Scalia in 2016, when the Republican-controlled Senate refused to act on President Obama's appointment of a moderate justice, the eight-member Court could not accept or hear new cases, nor issue rulings, for several months.

Question 76

Procedural requirements in state courts tend to be stricter than federal procedural requirements.

Question 77

In 2016, a split decision from the eight-member Court meant that the Supreme Court sustained an appeals court decision, one that blocked President Barack Obama's attempt to prevent millions of undocumented immigrants from being deported.

Question 78

The federal district courts are trial courts of general jurisdiction.

Question 79

Cases in the federal district courts are, in form, very different from cases in the state trial courts.

Question 80

The most dependable way an individual justice can exercise a direct and clear influence on the Supreme Court is to write a dissent.