Deck 16: The Judiciary

Question 1

President ________ attacked the Supreme Court bitterly for its decisions.

A) Washington
B) Jackson
C) Jefferson
D) Adams
E) Taylor

Answer 1

B

Question 2

The reason that the Senate has increasingly paid attention to who becomes a federal judge is

A) the decrease in the number of cases reviewed by appellate courts.
B) controversies in the office of the U.S. Attorney General.
C) the increase in the number of non-unanimous judicial decisions.
D) changes in the rules regarding appeals.
E) the policymaking ability of courts.

Answer 2

E

Question 3

A key principle of the McCulloch decision was that the power granted by the Constitution to the federal government flows from

A) the states.
B) the Declaration of Independence.
C) state constitutions.
D) Supreme Court decisions.
E) the people.

Answer 3

E

Question 4

Seventy years ago, judicial activists tended to be

A) conservatives.
B) liberals.
C) strict constructionists.
D) trial court judges.
E) both B and D.

Question 5

A crucial decision involving the protection of private property interpreted the Fourteenth Amendment's reference to "person" to also mean

A) whites only.
B) adults.
C) labor unions.
D) business firms.
E) males.

Question 6

In recent years, ________ Supreme Court nominees have been treated more roughly by the U.S. Senate.

A) male
B) liberal
C) conservative
D) Democratic
E) moderate

Question 7

The current chief justice of the Supreme Court is

A) Anthony Kennedy.
B) David Souter.
C) Warren Burger.
D) John Paul Stevens.
E) John Roberts.

Question 8

Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of

A) states' rights and slavery.
B) trade relations and states' rights.
C) national supremacy and trade relations.
D) slavery and national supremacy.
E) commerce and civil liberties.

Question 9

In Federalist No. 78, Alexander Hamilton described the judiciary as

A) "the sword of the community."
B) "least dangerous" to political rights.
C) "command[ing] the purse."
D) "encouraging factions."
E) "beyond reproach."

Question 10

Which statement is incorrect?

A) Political liberals can be strict constructionists.
B) Political conservatives can be activists.
C) Activists amplify constitutional principles on the basis of some moral or economic philosophy.
D) Strict constructionists try to confine themselves to rules stated or clearly implied in the Constitution.
E) None of the above

Question 11

The text suggests judicial activism was born in the

A) 1990s.
B) 1980s.
C) 1960s.
D) 1920s.
E) 1880s.

Question 12

In McCulloch v. Maryland, the Supreme Court held that

A) states could tax a federal bank.
B) state militias were subservient to the federal armed services.
C) the federal government could pass any laws necessary and proper to the attainment of constitutional ends.
D) the federal government had the power to regulate commerce that occurred among states.
E) the judicial branch had the power to determine the legitimate governing power in the states.

Question 13

Which recent Supreme Court nominee became the object of a notable Senate rejection?

A) Antonin Scalia
B) Robert Bork
C) Clarence Thomas
D) Samuel Alito
E) Anthony Kennedy

Question 14

Andrew Jackson selected Roger B. Taney for the Supreme Court because Taney

A) supported the notion of judicial review.
B) supported the notion of judicial supremacy.
C) was an advocate of states' rights.
D) opposed a narrow interpretation of the commerce clause.
E) had supported Jackson during the campaign.

Question 15

Which of the following statements about British courts is true?

A) Judicial review is tightly regulated but fiercely protected.
B) Courts are frequently called on by Parliament to settle procedural issues.
C) No court may strike down a law that Parliament passes.
D) The British federalist system guarantees a minor role for the judiciary.
E) Common law ensures that judges actively participate in the policymaking process.

Question 16

A primary weapon in the government's system of checks and balances is known as

A) judicial activism.
B) judicial interpretivism.
C) judicial review.
D) judicial standing.
E) judicial bypass.

Question 17

From the Civil War to the 1930s, the Supreme Court was primarily occupied with

A) the civil rights of former slaves.
B) economic regulation by government.
C) the rights of the criminally accused.
D) the balance of power between states and the federal government.
E) First Amendment freedoms.

Question 18

Today, judicial activists tend to be

A) conservatives.
B) liberals.
C) strict constructionists.
D) trial court judges.
E) both B and D.

Question 19

Which of the following statements concerning the Founders and the courts is incorrect?

A) Most of the Founders probably expected the Supreme Court to have the power of judicial review.
B) The Founders did not mention judicial review in the Constitution.
C) The Founders did not expect federal courts to play a large role in federal policymaking.
D) The Founders expected that the courts would find law, not make it.
E) None of the above

Question 20

There have only been ______ chief justices of the United States Supreme Court.

A) sixteen
B) twenty
C) thirty
D) fifty
E) sixty

Question 21

In the immediate aftermath of the passage of President Obama's health care plan, several states argued that it violated the Constitution by

A) raising the eligibility age for federal programs.
B) lowering benefits for recipients in some states, but not others.
C) failing to provide comprehensive coverage.
D) requiring everyone to purchase health insurance.
E) replacing state agencies with federal administrative offices.

Question 22

The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.

A) William Marbury
B) John Marshall
C) Thomas Jefferson
D) James Madison
E) John Adams

Question 23

Franklin Roosevelt's court-packing plan would have allowed him to name a new justice

A) for every incumbent justice older than age seventy.
B) once a year, irrespective of retirements.
C) every time the court struck down one of his laws.
D) to replace any incumbent justice older than age seventy.
E) each time a justice removed himself/herself from a case.

Question 24

The Supreme Court's acceptance of New Deal principles probably avoided

A) a conflict between the president and Congress.
B) the election of a Republican president in 1936.
C) an assault on the Supreme Court by the other branches.
D) the early demise of the New Deal.
E) the creation of an even higher appellate court.

Question 25

The commission at issue in Marbury was supposed to be delivered by the secretary of state,

A) William Marbury.
B) John Marshall.
C) Thomas Jefferson.
D) James Madison.
E) John Adams.

Question 26

The amazing result of the Marbury decision was that

A) Madison was given his commission.
B) the Court ordered Jefferson to fire Madison.
C) the secretary of state was replaced by John Marshall.
D) Adams was held responsible for the firing of Madison.
E) the Court decided it had no power to decide the case.

Question 27

When Congress passed a law allowing Indian Tribes to sue states in federal court, the Supreme Court found the law to be in violation of the notion of

A) full faith and credit.
B) picket fence federalism.
C) the police power of the states.
D) parallel federalism.
E) sovereign immunity.

Question 28

Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?

A) Congress may not add to the original jurisdiction of the Supreme Court.
B) The Supreme Court may declare void any laws repugnant to the U.S. Constitution.
C) Persons seeking writs of mandamus must go to a lower court.
D) The Supreme Court will try to avoid direct confrontations with other branches of government.
E) Congress can expand or contract the appellate jurisdiction of the Court.

Question 29

Marbury v. Madison had its origins in the aborted commission of ________ and three others.

A) William Marbury
B) John Marshall
C) Thomas Jefferson
D) James Madison
E) John Adams

Question 30

In the Marbury decision, Marshall argued that the ________ jurisdiction of the Supreme Court could not be changed.

A) concurrent
B) appellate
C) original
D) diversity
E) dual

Question 31

The Supreme Court's opinion in the Marbury case was supported by a ________ vote.

A) unanimous
B) 5-1
C) 4-2
D) 3-3
E) 3-2

Question 32

Until the 1930s, the Supreme Court interpreted the Fourteenth and Fifteenth Amendments to

A) view civil rights very narrowly.
B) view civil rights very broadly.
C) expand the notion of interstate commerce.
D) contract the notion of interstate commerce.
E) distinguish precedents in a manner that favored minorities.

Question 33

The chief justice of the Supreme Court who wrote the opinion in the Marbury case was

A) William Marbury.
B) John Marshall.
C) Thomas Jefferson.
D) James Madison.
E) John Adams.

Question 34

What does the U.S. Constitution have to say about the size of the Supreme Court?

A) It specifically sets the number of justices at six, later amended to nine.
B) It specifically sets the number of justices at nine.
C) It suggests but does not mandate a Court of nine justices.
D) It does not indicate how large the Court should be.
E) It specifically places the matter in the hands of the House of Representatives.

Question 35

The Supreme Court entered its most active period with the arrival of Chief Justice

A) Warren.
B) Rehnquist.
C) Burger.
D) Taft.
E) White.

Question 36

Which of the following are mandated by the U.S. Constitution?

A) The Supreme Court only
B) The Supreme Court and appellate courts
C) The Supreme Court and appellate and district courts
D) Both constitutional and legislative courts
E) Legislative courts

Question 37

If the Court were designed by Franklin Roosevelt's reorganization plan, it could have as many as ____ members.

A) nine
B) ten
C) twelve
D) thirteen
E) fifteen

Question 38

In Ex Parte McCardle, the Supreme Court ruled that Congress had the power to

A) change the Court's appellate jurisdiction.
B) change the Court's original jurisdiction.
C) change both the Court's original and appellate jurisdiction.
D) increase but not decrease the size of the Court.
E) decrease but not increase the size of the Court.

Question 39

The principle that the Supreme Court used in overturning Fulton's monopoly on a New York steamboat operation was that

A) a monopoly is a restraint on trade.
B) patents cannot be issued on recent technology.
C) state law cannot prevail over federal law.
D) interstate commerce cannot be regulated.
E) the indirect effects of commerce are beyond the scope of government regulation.

Question 40

When Congress passed a law that forbade anyone from carrying a gun near a school, the Supreme Court declared the law invalid because such behavior

A) was protected by the First Amendment.
B) did not affect interstate commerce.
C) was not proven to be dangerous.
D) was jealously guarded by NRA lobbyists.
E) could only violate state law.

Question 41

The authors suggest the chief motive for using the litmus test involves a judicial nominee's views on

A) abortion.
B) affirmative action.
C) gender discrimination.
D) the rights of criminal defendants.
E) states' rights.

Question 42

The "gang of fourteen" vowed to work together to avoid

A) nomination of individuals to the federal courts who did not have judicial experience.
B) any discussion of abortion in Senate Judiciary Committee hearings.
C) the use of litmus tests by presidents.
D) the filibuster of judicial nominees.
E) none of the above.

Question 43

Democratic judges are more likely to make _______ decisions than Republican judges.

A) quick
B) timely
C) traditional
D) conservative
E) liberal

Question 44

The authors suggest there is no reliable way to predict how judges will decide all cases because their decisions are shaped by

A) the facts of the case.
B) prior rulings by other courts.
C) the arguments presented by lawyers.
D) ideology.
E) all of the above.

Question 45

The litmus test is perhaps of greatest importance in nominations to

A) constitutional courts.
B) district courts.
C) courts of appeal.
D) legislative courts.
E) the Supreme Court.

Question 46

When senatorial courtesy is a factor in a nomination, failure to return a "blue slip" means

A) the nomination will be delayed for at least one week.
B) the nomination will likely be rejected by the Senate.
C) the Senate will confirm a nominee in a unanimous vote.
D) the Senate will confirm a nominee in a roll call vote.
E) a nominee will be asked to appear before the Senate Judiciary Committee

Question 47

Which of the following courts exercise the judicial powers found in Article III of the Constitution?

A) Legislative courts
B) Courts of appeals
C) District courts
D) Constitutional courts
E) Intermediate appellate courts

Question 48

In judicial appointments, the litmus test can be thought of as a test for

A) decision-making savvy.
B) judicial temperament.
C) ideological purity.
D) the proper experience.
E) a sense of fairness and equity.

Question 49

There are thirteen ___________ in the federal judiciary.

A) constitutional courts
B) district courts
C) courts of appeal
D) legislative courts
E) supreme courts

Question 50

Typically, those who complain about the litmus testing of judicial candidates are

A) in power.
B) out of power.
C) liberal.
D) conservative.
E) centrist.

Question 51

It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of

A) senatorial courtesy.
B) advice and consent.
C) legislative vetoes.
D) requiring a two-thirds majority for confirmation.
E) requiring a three-fourths majority for confirmation.

Question 52

Which of the following statements about the selection of federal judges is correct?

A) The principle of senatorial courtesy applies to the selection of judges in the legislative courts.
B) Presidents generally appoint judges whose political views reflect their own.
C) Nominees for district court judge often face tough confirmation battles in the Senate.
D) The application of political litmus tests to Supreme Court nominees was established with the nomination of David Souter.
E) Supreme Court nominations have only recently become controversial.

Question 53

In recent years, the percentage of nominees to federal court who have been confirmed by the Senate

A) has increased significantly.
B) has increased somewhat.
C) has remained about the same.
D) has decreased somewhat.
E) has decreased significantly.

Question 54

The Court of Military Appeals is an example of a

A) constitutional court.
B) district court.
C) court of appeal.
D) legislative court.
E) supreme court.

Question 55

There are 94 ___________ in the federal judiciary.

A) constitutional courts
B) district courts
C) courts of appeal
D) legislative courts
E) supreme courts

Question 56

Senatorial courtesy is an especially important consideration in nominations to

A) legislative courts.
B) courts of appeals.
C) district courts.
D) constitutional courts.
E) intermediate appellate courts.

Question 57

One basic difference between a constitutional court and a legislative court is that

A) constitutional court judges handle cases that need not be decided by the Supreme Court.
B) constitutional court judges cannot be fired.
C) legislative court judges handle cases that need not be decided by the Supreme Court.
D) legislative court judges cannot be fired.
E) legislative court judges are not confirmed by the Senate.

Question 58

The behavior of Justices Holmes, Burger, and Blackmun suggests that

A) presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees.
B) the Supreme Court follows the election returns.
C) presidents clearly control the Supreme Court through their appointments.
D) dissenters on the Supreme Court have more influence than the majority.
E) presidents are rarely concerned with court packing today.

Question 59

___________ are established in the federal judiciary for some special purpose and are staffed by people who have fixed terms of office and can have their salaries reduced.

A) Constitutional courts
B) District courts
C) Courts of appeal
D) Legislative courts
E) Supreme courts

Question 60

In the twentieth century, the number of Supreme Court nominees rejected by the Senate was

A) zero.
B) fewer than ten.
C) between ten and twenty.
D) more than twenty.
E) more than thirty.

Question 61

One unintended consequence of the Supreme Court's heavy caseload is an increase in the influence wielded by

A) the chief justice.
B) associate justices.
C) the attorney general.
D) the deputy attorney general.
E) law clerks.

Question 62

Certiorari is a Latin word meaning, roughly,

A) "beyond all uncertainties."
B) "certified."
C) "to be heard."
D) "rule of four."
E) "made more certain."

Question 63

Which of the following significantly increases the odds that the Supreme Court will review a case?

A) Two or more federal courts of appeals have decided the same issue in different ways.
B) The highest court in a state has held a federal law in violation of the Constitution.
C) The highest court in a state has held a state law in violation of the Constitution.
D) The highest court in a state has upheld a state law against a claim that it is in violation of the Constitution.
E) All of the above

Question 64

Citizen X robs a state bank that is insured by the federal government. He can be prosecuted in

A) a federal court.
B) a federal or a state court, or both.
C) a state court.
D) an appellate court.
E) an intermediate appellate court.

Question 65

An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the

A) National Rifle Association (NRA).
B) National Taxpayers' Union.
C) AFL-CIO.
D) American Civil Liberties Union (ACLU).
E) National Organization for Women (NOW).

Question 66

The Supreme Court will grant cert and hear a case if ____ justices agree to do so.

A) two
B) three
C) four
D) five
E) six

Question 67

When a citizen sues and wins a suit against a government official for withholding a benefit to which that citizen is entitled, such a suit is called a

A) First Amendment suit.
B) civil rights suit.
C) common law suit.
D) Section 1983 suit.
E) civil liberties suit.

Question 68

Clarence Gideon managed to have his case heard before the Supreme Court by

A) filing a mandatory appeal.
B) claiming diversity of citizenship.
C) seeking expert legal assistance.
D) filing as a pauper.
E) appealing to the Court in a personal letter.

Question 69

A diversity case is one involving

A) the jurisdiction of more than one appellate court.
B) the jurisdiction of more than one district court.
C) citizens of different states.
D) a writ of certiorari.
E) a writ of mandamus.

Question 70

Fee shifting is the practice of

A) dividing attorneys' fees among all participants in a class-action suit.
B) reducing fees if the votes of appellate court judges are divided.
C) getting the government to pay the fees of all parties.
D) having attorneys adjust their fees according to their experience and the damages awarded.
E) getting the loser to pay court costs.

Question 71

If citizens of different states wish to sue each other, their case can be heard in either a state or a federal court if it involves more than

A) $10,000.
B) $25,000.
C) $50,000.
D) $75,000.
E) $200,000.

Question 72

What is the relationship between an appeal and certiorari?

A) Judges must hear all appeals but only some certiorari.
B) A case granted certiorari may be heard in either state or federal court.
C) Appeals are paid for by plaintiffs, certiorari by defendants.
D) Only some appeals are granted certiorari.
E) Appeals are directed to appellate courts, whereas a writ of certiorari is sought from a trial court.

Question 73

In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.

A) one thousand
B) two thousand
C) five thousand
D) seven thousand
E) thirty thousand

Question 74

Two common ways for a plaintiff to lower the costs of an appeal are by filing and being heard as a pauper (in forma pauperis) and by

A) finding an interest group to support the case.
B) filing a writ of certiorari.
C) asking the courts to rule in absentia.
D) suing under the principle of sovereign immunity.
E) applying for a writ of mandamus.

Question 75

Which of the following observations about the Supreme Court's law clerks is incorrect?

A) They play a big role in deciding which cases are granted certiorari.
B) They are recent law school graduates.
C) They are confirmed by the Senate.
D) Some of the opinions written by the justices are drafted by the clerks.
E) None of the above

Question 76

In a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions that request review of the decisions of lower or state courts.

A) ten
B) one hundred
C) one thousand
D) three thousand
E) ten thousand

Question 77

Christopher sues his buddy Jack in hopes that Jack will win, because he wants to prove Jack is right. The case is not likely to be entertained by courts because

A) it probably involves a small sum.
B) courts do not declare winners and losers.
C) litigants are not allowed to know each other.
D) there is no true controversy.
E) both A and B.

Question 78

The dual-court system of the United States refers to

A) trial and appellate courts.
B) criminal and civil courts.
C) statutory and common law courts.
D) federal and state courts.
E) legislative and constitutional courts.

Question 79

The majority of cases heard by federal courts begin in

A) district courts.
B) state courts.
C) municipal courts.
D) appellate courts.
E) circuit courts.

Question 80

The litigation involving four police officers accused of beating Rodney King illustrates the fact that

A) some defendants are tried in both state and federal courts.
B) some cases can be tried only in state courts.
C) civil rights cases can be tried only in federal courts.
D) one level of government can block the prosecutions of another.
E) cases cannot be appealed across the state and federal judiciary.