Deck 15: Courts in the Future

Question 1

According to the text, ideal judges make decisions that reflect _____.

A) the will of politicians
B) the will of the people
C) personal politics
D) the law

Answer 1

D

Question 2

These judges are nominated by the president and confirmed by the Senate.

A) federal district court judges
B) U.S. Supreme Court justices
C) federal court of appeals judges
D) all of the above

Answer 2

D

Question 3

According to this theory, the greater the politicization of the court, the more likely its judges will vote according to ideology.

A) political judicialization
B) judicial politicization
C) judicial partisanship
D) judicial ideological

Answer 3

B

Question 4

Some scholars have found that a significant predictor of moderation in rulings concerning civil rights and liberties is judicial appointment under _____ government.

A) unified
B) divided
C) both divided and unified
D) neither divided nor unified

Question 5

This form of judicial selection usually occurs when a governor must choose a judge to fill a midterm vacancy.

A) election
B) appointment
C) merit selection
D) all of the above

Question 6

In this process, generally, an appointed committee reviews applicants for open judgeships, then the best-qualified applicants are chosen to fill the positions.

A) merit selection
B) appointment
C) election
D) all of the above

Question 7

This type of election is one in which the candidates run as part of a political party, with the party listed on the ballot.

A) political
B) non-partisan
C) partisan
D) merit election

Question 8

In this type of election, candidates may not be nominated or endorsed by a political party, appear on a party ticket, or list a party affiliation on the ballot.

A) non-partisan
B) partisan
C) political
D) merit election

Question 9

In this case, the Supreme Court set forth that states cannot restrict the speech of judges running for election.

A) Maryland v. Craig
B) Weeks v. United States
C) Near v. Minnesota
D) Republican Party of Minnesota v. White

Question 10

In terms of selecting judges, most _____ are for trial judges.

A) elections
B) appointments
C) merit selections
D) all of the above

Question 11

According to the text, which is an argument against merit selection?

A) It deprives citizens of their right to vote.
B) It liberates judicial selection from politics.
C) Judges are constantly being removed in retention elections.
D) Elections do not allow the public to participate in the democratic process.

Question 12

This shifts political discretion from the voters to the governor or legislators who choose the commission members.

A) merit selection
B) election
C) appointment
D) the Montana Plan

Question 13

According to the text, which is an argument in favor of merit selection?

A) Elections often rely on stirring citizens' emotions to get votes.
B) The public is typically well-informed about the candidates.
C) Voters do not pay attention to the names on the ballot.
D) Elections may encourage well-qualified judicial candidates to seek office.

Question 14

This occurs when judges exercise their own power and defer to written law as long as it is constitutional.

A) judicial activism
B) judicial partisanship
C) judicial restraint
D) judicial independence

Question 15

This term is sometimes applied to judicial decisions that appear to contradict voters' desires or are suspected of being based on the judge's personal or political preferences rather than on law.

A) judicial partisanship
B) judicial restraint
C) judicial activism
D) judicial independence

Question 16

This is the idea that the judiciary should not be affected by other branches of government, or private or partisan interests.

A) judicial activism
B) judicial independence
C) judicial accountability
D) judicial restraint

Question 17

This is the idea that judges should defer to the wishes and opinions of the electorate.

A) judicial independence
B) judicial activism
C) judicial accountability
D) judicial restraint

Question 18

This refers to the separation of the judicial branch from the executive and legislative branches of government.

A) institutional restraint
B) judicial independence
C) institutional accountability
D) institutional independence

Question 19

This is the disqualification of a judge or jury for reasons of prejudice or conflict of interest.

A) disqualification
B) recusal
C) dismissal
D) retribution

Question 20

On the continuum from independence to public accountability, which is closest to independence?

A) appointment
B) merit selection
C) non-partisan election
D) partisan election

Question 21

On the continuum from independence to public accountability, which is closest to accountability?

A) appointment
B) partisan election
C) merit selection
D) non-partisan election

Question 22

According to the American Judicature Society, which is a threat to judicial independence?

A) partisan threats intended to influence a jury's decision in a case
B) appointments leading to potential conflicts of interest
C) not enough work to do
D) threats of impeachment prompted by unpopular decisions

Question 23

This is the prohibition by the government of documents or speech before publication or broadcast.

A) prior activism
B) judicial restraint
C) post restraint
D) prior restraint

Question 24

One study has pointed to federal sentencing guidelines and mandatory minimum sentences as incursions on judicial _____.

A) accountability
B) activism
C) restraint
D) independence

Question 25

This case set forth that the government cannot censor or prohibit a publication in advance of its publication.

A) Near v. Minnesota
B) Republican Party of Minnesota v. White
C) Brown v. Board of Education
D) Miranda v. Arizona

Question 26

According to the text, which is not an argument against allowing the media free access to the courts?

A) Media coverage often undermines the values underlying the right to free speech.
B) Media coverage affects the fairness of trials.
C) Attempts to counter the effects of media coverage on jurors are ineffective.
D) Media coverage educates the publics about the realities of the court.

Question 27

According to the text, which is an advantage of videoconferencing hearings?

A) cost
B) security
C) both cost and security

Question 28

In this case the Supreme Court set forth that one-way video testimony did not violate Sixth Amendment confrontation requirements "in certain narrow circumstances."

A) Weeks v. United States
B) Near v. Minnesota
C) Maryland v. Craig
D) Republican Party of Minnesota v. White

Question 29

According to the text, court justices, from the lowest jurisdictional court up to the U.S. Supreme Court, usually side with their political parties.

Question 30

Partisan politics usually affects the selection of the judge.

Question 31

Judicial selection for state and local courts often follows an even more politically charged path than that of federal courts.

Question 32

Legislatures appoint judges in only two states: South Carolina and Virginia.

Question 33

Every state practices merit selection the same way.

Question 34

The United States is almost the only nation that elects judges.

Question 35

Many states combine elections with merit selection and appointment in some fashion.

Question 36

The fewest states hold elections at the level of state supreme court.

Question 37

Legal scholars criticize elections for valuing accountability to popular opinion over independence, whereas citizens and politicians praise it for the very same reason.

Question 38

Many scholars assert that merit selection is completely free from politics.