Deck 3: The Us Supreme Court: the Final Word

Question 1

When the Supreme Court denies certiorari, it means the Court:

A) is supporting the lower court ruling.
B) believes the case lacks merit.
C) finds the issue moot.
D) takes no official position on the case.

Answer 1

D

Question 2

The laws that emanate from the Supreme Court:

A) are the law of the land.
B) may be appealed to another court having similar jurisdiction.
C) constitute statutory law.
D) may hold only until the end of the presiding chief justice's term.

Answer 2

A

Question 3

The framework for the federal judiciary is:

A) based on common law.
B) found in the Declaration of Independence.
C) outlined in The Federalist Papers, issue V.
D) found in Article 3 of the U.S. Constitution.

Answer 3

D

Question 4

The reason a Supreme Court appointment lasts a lifetime is:

A) so a justice may not be unduly influenced.
B) because it is very time consuming to select and train a justice.
C) because it would be age discrimination to require justices to retire.
D) to continue the political legacy of the appointing president.

Question 5

Normally, if all spaces are filled, how many justices sit on the U.S. Supreme Court?

A) five
B) seven
C) eight
D) nine

Question 6

Martin v. Hunter's Lessee held that the Supreme Court could:

A) reverse state court decisions that involved federal legal issues.
B) declare acts of Congress unconstitutional.
C) be the final arbiter in disputes between states.
D) have original jurisdiction in cases involving Constitutional issues.

Question 7

Supreme Court decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native Americans, and anti-government are considered to be:

A) liberal decisions.
B) conservative decisions.
C) libertarian decisions.
D) independent decisions.

Question 8

The Supreme Court established its authority as the final interpreter of the Constitution in the case of:

A) Martin v. Hunter's Lessees.
B) Ex parte McCardle.
C) Plessy v. Ferguson.
D) Marbury v. Madison.

Question 9

The case that authorized the Court to maintain a position as the ultimate de facto lawmaker by deciding which legislation is and is not constitutional is:

A) Martin v. Hunter's Lessees.
B) Ex parte McCardle.
C) Plessy v. Ferguson.
D) Marbury v. Madison.

Question 10

Judicial review refers to:

A) a quarterly review of the Supreme Court by Congress.
B) the rating system that allows American citizens to express their level of satisfaction regarding Supreme Court rulings.
C) the methodology used by a president in selecting a justice for appointment to the Supreme Court.
D) the power of the Supreme Court to analyze the constitutionality of decisions of other government entities and lower courts.

Question 11

The minimum number of justices required to vote in favor of granting certiorari to review a case is:

A) two.
B) four.
C) three.
D) one.

Question 12

When the Court grants certiorari, it will:

A) officially end that term.
B) hear and decide that case.
C) consider hearing that case.
D) allow the ruling of the lower court to stand.

Question 13

The U.S. Supreme Court has original jurisdiction:

A) in cases dealing with foreign dignitaries and in legal disputes between states.
B) in cases brought before private businesses.
C) if citizens claim violations of their rights under the Constitution.
D) in cases dealing with treaties and those involving federal officials.

Question 14

Federal judges (including Supreme Court justices) can be removed from office "on impeachment for and conviction of" all of the following, except:

A) high crimes and misdemeanors.
B) testing positive for drugs.
C) dereliction of duty.
D) changing political stance.

Question 15

The percentage of cases submitted to the Supreme Court that are summarily denied, meaning that no justices express an interest in them, is approximately:

A) 30 percent.
B) 50 percent.
C) 70 percent.
D) 90 percent.

Question 16

The first Supreme Court was established by:

A) the Bill of Rights.
B) The Federalist Papers.
C) the Federal Judiciary Act of 1789.
D) the First Amendment.

Question 17

In Ex parte McCardle (1868), Congress reserved the right to:

A) overrule Supreme Court decisions with a two-thirds vote of the Senate.
B) limit the jurisdiction of federal courts, including the Supreme Court.
C) limit the jurisdiction of federal courts, but not the Supreme Court.
D) override the Constitution by promulgating unconstitutional law.

Question 18

The ability of a president to select a Supreme Court justice is a powerful political opportunity because:

A) the justice selected will treat that president with favoritism, should the president ever be involved in a legal dispute.
B) the justice selected must rule the way the president wishes.
C) the president may select a candidate with similar political views.
D) most judicial candidates are powerful people themselves.

Question 19

The case of Marbury v. Madison established:

A) lifetime appointment for justices.
B) that the Supreme Court has the authority to review acts of Congress.
C) that police must notify suspects of their rights prior to questioning.
D) that the Supreme Court must function only as an appellate court.

Question 20

Monitoring government infringement on civil rights is the Supreme Court's responsibility, according to the doctrine of:

A) strict construction.
B) judicial restraint.
C) judicial review.
D) natural law.

Question 21

Research shows that cases filed on the paid docket are much more likely to be heard by the Supreme Court than cases filed where the court fees are waived.

Question 22

While their views range from liberal to conservative, which state do the majority of current Supreme Court justices call home?

A) California
B) New Jersey
C) New York
D) Florida

Question 23

Of the following statements about dissenting opinions, all are accurate, except:

A) they carry no legal authority.
B) they date to the King's Bench of Great Britain in 1792.
C) they are often used in hope of influencing future decisions.
D) they carry the same legal authority as the majority opinion.

Question 24

Article 2 of the Constitution directs that the Senate shall nominate a judge for appointment to the Supreme Court, which the President of the United States must confirm.

Question 25

On average, the Supreme Court hears about 25 percent of all cases it is asked to review each year.

Question 26

Currently there are eight Supreme Court Justices serving, with one vacancy.

Question 27

Impeachment is a complex process, whereby the House of Representatives brings forth articles of impeachment and the Senate holds the trial.

Question 28

Periods during which the Supreme Court hears cases are traditionally referred to as:

A) recesses.
B) sittings.
C) certioraris.
D) judicial reviews.

Question 29

Which of the following is not true in regard to the writing of opinions in Supreme Court cases?

A) Only the chief justice can write the Court's final opinion.
B) Any justice is free to write a dissenting opinion.
C) Justices will use concurring opinions to address the reasons that they agree with the outcome but not with the reasoning.
D) Dissenting opinions may be referred to in briefs written by other lawyers, but they carry no legal authority.

Question 30

With the sudden death of Justice Anthony Scalia, Republican Senators have vowed to block any presidential appointee until after President Obama's term expires. This leaves the Court without a ninth justice for over 300 days. The longest the Court has gone without filling an open seat has been:

A) 446 days.
B) 607 days.
C) 841 days.
D) 1095 days.

Question 31

Which of the following most likely resembles the beliefs of a conservative Supreme Court justice?

A) The justice's opinion tends to favor pro-civil liberty decisions.
B) The justice's opinion tends to favor the prosecution of offenders over the expansion of individual rights.
C) The justice's opinion tends to favor the American Indians in court decisions.
D) The justice's opinion tends to be anti-government.

Question 32

Who has appointed the most Supreme Court justices?

A) Ronald Reagan
B) George H.W. Bush
C) Barack Obama
D) George W. Bush

Question 33

Opponents of judicial review argue that there must be some watchdog to maintain the constitutionality of law, even if passed by elected bodies of government.

Question 34

Because U.S. law is a living law, the Supreme Court could conceivably overrule itself.

Question 35

Strict construction refers to:

A) a justice expressing hostility or anger in an opinion.
B) a rigid reading and interpretation of a law.
C) the manner in which our legal system was designed and developed.
D) a lenient means of interpreting the law.

Question 36

Initially, the Supreme Court did not review state decisions.

Question 37

The Constitution does not permit the Supreme Court to have original jurisdiction in cases dealing with foreign dignitaries.

Question 38

For the past 30 years, the public has expressed a generally favorable opinion of the Supreme Court.

Question 39

Since the origin of the Supreme Court in 1790, how many justices have served?

A) nearly 40
B) between 60 and 65
C) more than 100
D) nearly 210

Question 40

In Martin v. Hunter's Lessee, the Supreme Court determined that it could reverse state court decisions involving federal legal issues.

Question 41

By federal statute, a term of the Supreme Court always begins on the first Monday in October, continuing until June or July.

Question 42

In the case of ________________, the Supreme Court determined that it could reverse state court decisions involving federal legal issues.

Question 43

A Supreme Court appointment is a _______________ appointment.

Question 44

History shows that Supreme Court nominees who are considered during election years usually fail to be confirmed.

Question 45

In 1803, the United States Supreme Court established its power of judicial review in the case of______________________________ .

Question 46

There is not a single case in American history in which a president chose not to make a Supreme Court nomination to fill a vacancy occurring during the last two years of a presidential term.

Question 47

President Ronald Reagan's three appointments to the Supreme Court shifted the Court toward a more conservative stance.

Question 48

The Supreme Court has jurisdiction in cases dealing with foreign dignitaries and in cases involving legal disputes between ____________.

Question 49

_____________ refer to periods during which the Supreme Court actually hears cases.

Question 50

The Supreme Court has jurisdiction over cases that reach it on appeal and cases over which it has _________________________jurisdiction.

Question 51

The judicial power of the Supreme Court can be found in_______________  of the Constitution.

Question 52

In the post-Civil War case of _________________, Congress reserved the right to limit the jurisdiction of federal courts, including the Supreme Court.

Question 53

Decisions that favor the government's interest in prosecuting and punishing offenders over the recognition or expansion of individual rights tend to be classified as______________________________decisions.

Question 54

The Supreme Court has effectively created most of its own power and authority through the process of______________________________ .

Question 55

is a Latin term that means "to be informed."

Question 56

Since the origin of the Supreme Court in 1790, more than 100 justices have served.

Question 57

The justices not only render decisions, they also_______________the Constitution.

Question 58

During_______________ , the justices consider administrative matters and write opinions, but do not hear cases.

Question 59

An opinion that agrees with the majority is called a_____________________________________________opinion.

Question 60

Concurring opinions, a legal tradition dating back to the 1700s, give justices who did not author the opinion a forum to agree in part, or disagree in part, with what was written.

Question 61

Explain the significance of the Constitution in describing the role of the Supreme Court of the United States.

Question 62

Some commentators feel that the appointment of Supreme Court justices by the chief executive (the President of the United States) ensures that the Supreme Court will always be a political body, voting politically on cases that come before it. Do you agree? Why or why not?

Question 63

A(n) ______________ is a written statement by the court explaining its decision in a given case, usually including the legal issues or points of law involved.

Question 64

______________________ is a rigid interpretation of a law not likely to expand the specifically set forth law of the particular statute.

Question 65

Some advocate that judges, even those on the United States Supreme Court, should be strict constructionists, having a rigid reading and interpretation of the law. Take an opposing view, and justify your answer.

Question 66

List and describe these two types of cases in which the U.S. Supreme Court has jurisdiction.

Question 67

Explain the types of opinions that may be written by Supreme Court justices, who may write them, and the purpose of each.

Question 68

Describe the ideological makeup of the current Supreme Court. In your opinion, do labels such as "liberal" or "conservative" provide an accurate portrayal of the current Court? Explain.

Question 69

Supreme Court justices tend to evolve in their thinking once they are elevated to the Court. Therefore, the new Supreme Court justice may express opinions that are different from those expected by the president who nominated the justice, or by the Senate that confirmed the justice. Is this a problem for the judicial system? Why or why not?

Question 70

Explain the process used in deciding which cases will be heard by the Supreme Court.

Question 71

It can be interpreted from The Federalist Papers that the Supreme Court was assigned the task of practically overseeing the______________________________ .

Question 72

Opponents of judicial review contend that judges have too much power, while supporters believe there must be some watchdog to maintain the constitutionality of law. Which position do you most agree with? Justify your answer, and give examples of recent cases or controversies that support your view.

Question 73

Describe the authority that the Supreme Court has, and how the Court has come by this authority.

Question 74

Describe the influence of the Supreme Court on the justice system.

Question 75

Compare and contrast the two sides involved in the controversies associated with judicial review.