Deck 12: The Federal Courts

Question 1

If a defendant is found not guilty in a criminal case, the government is

A) not entitled to appeal the verdict.
B) entitled to appeal the verdict only if it files a writ of habeas corpus.
C) entitled to appeal the verdict only if it files an amicus curiae brief.
D) entitled to appeal the verdict only if the case raises an important constitutional question.

Answer 1

A

Question 2

Cases in which the U.S. government is a party are

A) always heard in a state court.
B) heard in a state court only if a state government is the other party.
C) heard in a state court if the other party files a special request to have the case heard in a state court.
D) always heard in a federal court.

Answer 2

D

Question 3

Which of the following statements about federal courts is most accurate?

A) Federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States, and their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
B) Although federal courts hear the vast majority of all civil and criminal cases decided each year in the United States, their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
C) Federal courts hear the vast majority of all civil and criminal cases decided each year in the United States, and their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.
D) Although the federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States, their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.

Answer 3

D

Question 4

________ and ________ are the two most common types of civil law cases.

A) Contracts; habeas corpus
B) Contracts; torts
C) Stare decisis; habeas corpus
D) Torts; habeas corpus

Question 5

A writ of habeas corpus declares that

A) the government must show a legal cause for holding someone in detention.
B) the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
C) a defendant in a felony trial must receive assistance from legal counsel.
D) capital punishment can be neither cruel nor unusual.

Question 6

About ________ percent of all cases in the United States are heard in state courts.

A) 33
B) 50
C) 68
D) 97

Question 7

Medical malpractice suits are good examples of ________ cases.

A) tort
B) amicus curiae
C) habeas corpus
D) stare decisis

Question 8

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

A) must always be heard in federal district court.
B) must always be heard in a state court.
C) must always be heard in the U.S. Supreme Court.
D) may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.

Question 9

In a typical tort case,

A) the defendant is not allowed to appeal the verdict if he or she loses.
B) the plaintiff is not allowed to appeal the verdict if he or she loses.
C) the government immediately appeals the verdict if it loses.
D) one individual charges that he or she has been injured by another's negligence or malfeasance.

Question 10

Prior cases whose principles are used by judges to decide current cases are called

A) public law.
B) en banc decisions.
C) precedents.
D) ex post facto cases.

Question 11

There are ________ circuits in the U.S. Court of Appeals.

A) 4
B) 8
C) 12
D) 20

Question 12

The first court to hear a case is called a(n) ________ court.

A) supreme
B) trial
C) advisory
D) appellate

Question 13

________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.

A) A misdemeanor
B) A plea bargain
C) A writ of certiorari
D) Mediation

Question 14

In what type of law is the government always the plaintiff?

A) public
B) criminal
C) common
D) tort

Question 15

When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.

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

Question 16

The Administrative Procedure Act is important in civil law because it

A) governs agency rule making.
B) defines the jurisdiction of the various state court systems.
C) sets the procedures for filing appellate cases in the federal court system.
D) sets the procedures for filing appellate cases in the various state court systems.

Question 17

There are ________ U.S. district courts.

A) 50
B) 94
C) 200
D) 434

Question 18

If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied

A) a writ of habeas corpus.
B) his Miranda rights.
C) judicial review.
D) the due process of law.

Question 19

In ________ cases, the losers cannot be fined or incarcerated by the state.

A) appellate
B) criminal law
C) civil law
D) common law

Question 20

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.

A) stare decisis
B) habeas corpus
C) ex post facto
D) a priori

Question 21

Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

A) stare decisis
B) writs of certiorari
C) clemency
D) judicial review

Question 22

What was known as the "court-packing" plan?

A) the decision in the early nineteenth century that all federal courts should be guarded by members of the armed forces
B) the attempt by the Republican-dominated Senate of the 1990s to confirm as many conservative judges as possible
C) the attempt by President Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
D) the desire in Congress during the 1890s to expand the number of federal courts to ease the workload of the Supreme Court

Question 23

How many justices currently serve on the Supreme Court?

A) 7
B) 9
C) 11
D) 15

Question 24

The U.S. Supreme Court has been composed of

A) nine justices throughout American history.
B) nine justices since 1869.
C) nine justices since 1937.
D) seven justices throughout American history.

Question 25

What is the main function of the chief justice of the Supreme Court?

A) The chief justice decides what cases will be heard by the full Court each term.
B) The chief justice always writes the Court's majority opinions.
C) The chief justice presides over the Court's public sessions and private conferences.
D) The chief justice is also the constitutional adviser to the president.

Question 26

Why has partisan conflict surrounded federal judicial appointments in recent years?

A) Members of Congress do not want the president to have so much power that he or she can place anyone he or she wants on the federal bench.
B) Public opinion has not been favorable to most of the recent presidents' nominees.
C) There have not been enough minority nominees, including women.
D) The federal courts play an important role in shaping American law and politics.

Question 27

In recent years, federal court appointments have

A) been characterized by strict neutrality on the part of Congress.
B) attracted very little attention from the media and special interest groups.
C) been characterized by intense partisan and ideological efforts to support or defeat the candidate.
D) been unaffected by ideological concerns.

Question 28

Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.

A) 1,000; 500
B) 200; 10
C) 9,000; 80
D) 12,000; 300

Question 29

About ________ percent of all lower court cases are reviewed by federal appeals courts.

A) 1
B) 10
C) 20
D) 48

Question 30

Normally, ________ judge(s) hear(s) a specific case on a federal circuit court of appeals.

A) 1
B) 3
C) 15
D) all of the above

Question 31

Which of the following statements best describes the formal requirements of serving as a federal court judge?

A) Federal court judges must be members of the American Bar Association.
B) Federal court judges must have a degree from an accredited law school.
C) Federal court judges must be at least 35 years of age.
D) There are no formal requirements to serve as a federal court judge.

Question 32

Which Supreme Court nominee was accused of sexual harassment during his confirmation hearing?

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

Question 33

Which of the following statements about the Supreme Court is true?

A) In 2014, seven of the nine justices were appointed by Democratic presidents.
B) In 2014, seven of the nine justices were appointed by Republican presidents.
C) In 2014, all of the justices were appointed by Democratic presidents.
D) In 2014, five of the nine justices were appointed by Republican presidents.

Question 34

Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?

A) She supported affirmative action.
B) She supported overturning Brown v. Board of Education.
C) She was the first Latino American nominee to the Supreme Court.
D) She had never served as a judge in any capacity prior to nomination.

Question 35

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

A) vetting cases for the Supreme Court
B) hearing challenges to state laws
C) reviewing requests for stays of execution
D) overturning laws passed by Congress

Question 36

Senatorial courtesy describes the practice of

A) senators from a president's party approving of a judicial nominee from their home state.
B) including home-state senators in the formal vetting of district and circuit court judges.
C) allowing any senator to place a hold on the consideration of a judicial nominee.
D) permitting senators to officially swear in home-state district court judges.

Question 37

Marbury v. Madison was decided in

A) 1789.
B) 1803.
C) 1911.
D) 2016.

Question 38

Trial courts in the federal judicial system are called

A) grand juries.
B) district courts.
C) appellate courts.
D) civil courts.

Question 39

The size of the U.S. Supreme Court is set by

A) the president.
B) Congress.
C) the American Bar Association.
D) state legislatures.

Question 40

There are approximately ________ federal district court judges in the United States.

A) 9
B) 79
C) 678
D) 1,002

Question 41

Most cases reach the Supreme Court through

A) a writ of appeal.
B) a writ of certiorari.
C) a writ of amicus curiae.
D) state courts.

Question 42

The assignment of the opinion in a Supreme Court case is

A) unimportant because the final vote of the justices is the only statement that carries any weight in future cases.
B) important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
C) unimportant because all justices usually describe their decisions in exactly the same way.
D) important because every word of a decision is legally binding.

Question 43

Roe v. Wade (1973) was

A) based on a strict interpretation of the Constitution.
B) based on judicial activism.
C) based on judicial restraint.
D) not based on any precedent established by the Supreme Court.

Question 44

A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.

A) certiorari
B) per curiam
C) amicus curiae
D) standing

Question 45

Which of the following best describes the role of the solicitor general?

A) The solicitor general is the chief legal counsel for the White House.
B) The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
C) The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
D) The solicitor general is the head of the Department of Justice.

Question 46

Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?

A) the attorney general
B) the solicitor general
C) the state supreme courts
D) Congress

Question 47

The power of the Supreme Court to review state actions and legislation comes from

A) the judicial review clause of Article III.
B) the supremacy clause of Article VI.
C) Marbury v. Madison.
D) the Seventh Amendment.

Question 48

Activist judges believe that federal judges should

A) always overrule state legislatures and governors when making decisions.
B) interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes.
C) be more aggressive and ideological than the president when vacancies occur on the courts.
D) go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.

Question 49

Each Supreme Court justice is assigned ________ law clerks.

A) 2
B) 4
C) 10
D) 15

Question 50

The number of cases filed in the Supreme Court

A) has increased dramatically since 1940.
B) has remained the same since 1940.
C) increased between 1940 and 1965 but has decreased since 1965.
D) decreased between 1940 and 1965 but has increased since 1965.

Question 51

Explain the basic structure and jurisdiction of the federal judicial system. Describe the three different levels of federal courts. How are the lower courts created and how is their jurisdiction defined? What was the original jurisdiction of the Supreme Court?

Question 52

A certiorari pool describes the

A) computerized lottery system by which the Supreme Court selects its cases each year.
B) practice by which Supreme Court law clerks work together to evaluate each petition.
C) method used to appoint the chief justice.
D) nickname for the water fountain in the courtyard of the Supreme Court building.

Question 53

If someone is an advocate of the philosophy of judicial restraint, he or she believes

A) in looking only at the words of the Constitution in order to understand its meaning.
B) that the meaning of the law tends to evolve over time.
C) the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
D) that judges should openly consider both legal and political questions when adjudicating cases.

Question 54

The solicitor general is the

A) top-ranking official in the Department of Justice.
B) second-ranking official in the Department of Justice.
C) third-ranking official in the Department of Justice.
D) top-ranking official in the American Bar Association.

Question 55

The Supreme Court struck down parts of the Military Commissions Act and declared habeas corpus to be a fundamental right in the case

A) Boumediene v. Bush.
B) Gideon v. Wainwright.
C) Miranda v. Arizona.
D) Korematsu v. United States.

Question 56

The Supreme Court's power to review acts of Congress has not been seriously questioned because

A) Congress granted the power of judicial review to the Court in the Federal Judicial Review Act of 1798.
B) Congress and the president always agree with the decisions made by the Court.
C) the Constitution explicitly grants this power to the Court in the judicial review clause of Article III.
D) the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years.

Question 57

In all of American history, the Supreme Court has concluded that fewer than ____ acts of Congress have directly violated the Constitution.

A) 18
B) 50
C) 100
D) 160

Question 58

Which of the following kinds of cases are LEAST likely to be accepted by the Supreme Court?

A) Cases in which the federal government is an appellant.
B) Cases that address state laws but that do not raise constitutional issues.
C) Cases that raise important questions about civil rights.
D) Cases that involve conflicting decisions by federal circuit courts.

Question 59

Why is Marbury v. Madison (1803) an important case?

A) In this case, the justices recognized the authority of Congress to regulate the economy of the United States.
B) In this case, the justices nationalized the Bill of Rights.
C) In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
D) In this case, the justices declared the secession of the Confederate states to be in violation of the Constitution.

Question 60

Under normal rules of oral argument, each lawyer has ________ to present his or her case before the Supreme Court.

A) 30 minutes
B) one hour
C) two hours
D) unlimited time

Question 61

There are different kinds of judicial philosophy in how to interpret the law. Outline the theories of judicial restraint and judicial activism. Discuss an example of the Supreme Court employing judicial activism.

Question 62

Analyze the exercise of judicial review. What is judicial review, what are its origins, and why has it remained an unquestioned power of the courts for so long? Provide some examples of notable uses of judicial review in Supreme Court history.

Question 63

Discuss the various paths that a case can take to arrive before the Supreme Court. In particular, discuss the Court's original jurisdiction and its process for granting a writ of certiorari. In your answer, be sure to describe the kinds of cases to which the Court is likely to grant "cert."

Question 64

The process of confirming federal court appointments has recently become very contentious. Describe the steps to becoming a federal judge and the considerations involved in who is nominated. Why has this process become so controversial in recent years? Provide some examples of this conflict in the confirmation process.