Deck 13: The Judiciary: the Balancing Branch

Question 1

In a criminal case,a defendant might agree to a __________ to avoid facing trial for a more serious offense and a lengthier sentence.

A)trial
B)punishment
C)judicial
D)plea bargain

Answer 1

D

Question 2

Who nominates U.S.federal judges?

A)the president
B)the solicitor general
C)the chief justice of the Supreme Court
D)the Senate majority leader

Answer 2

A

Question 3

On the lowest tier of the federal judiciary are the __________.

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

Answer 3

D

Question 4

In which court do federal cases generally begin?

A)district
B)appellate
C)constitutional
D)state

Question 5

How many justices currently serve on the Supreme Court?

A)five
B)six
C)twelve
D)nine

Question 6

Who brings the case before the court in civil cases?

A)the prosecutor
B)the district attorney
C)the plaintiff
D)the appellee

Question 7

Circuit court decisions are usually made by __________.

A)panels of three judges
B)panels of five judges
C)juries
D)individual judges

Question 8

After the Supreme Court hears oral arguments in a case,what is the next step?

A)granting the appeal
B)writing the opinion
C)meeting in conference
D)briefing the case

Question 9

The __________ system is based on the theory that arguing over law and evidence guarantees fairness.

A)appeals
B)adversary
C)amicus curiae
D)certiorari

Question 10

The vast majority of in forma pauperis petitions seeking the Supreme Court's review come from __________.

A)law clerks
B)plaintiffs
C)prisoners
D)interest groups

Question 11

According to Article II,which of the following must confirm all federal judges?

A)House of Representatives
B)Supreme Court
C)Senate
D)president

Question 12

How many tiers/levels does the federal judiciary have?

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

Question 13

What is the most common prior job experience for a Supreme Court justice?

A)governor
B)attorney general
C)practicing lawyer
D)federal judge

Question 14

The federal judiciary is a passive and reactive branch,meaning that __________.

A)it is reluctant to reverse prior court decisions
B)it cannot instigate cases or conduct its own investigations
C)it is reluctant to exercise the power of judicial review
D)it only acts after the president and Congress have made their intentions clear

Question 15

The U.S.Department of Justice is led by the __________.

A)U.S.attorney general
B)solicitor general
C)chief justice of the Supreme Court
D)president

Question 16

Which of the following is a main task of Supreme Court law clerks?

A)granting or denying appeals
B)screening writs of certiorari
C)hearing oral arguments
D)summarizing legal arguments in written briefs

Question 17

__________ law governs relations between individuals and defines their legal rights.

A)Criminal
B)Judicial
C)Civil
D)Tort

Question 18

When the Senate delays or rejects a federal judicial nomination,the president can still appoint justices by __________.

A)changing the jurisdiction of federal courts
B)focusing on state courts
C)invoking precedent
D)using recess appointments

Question 19

Which article of the Constitution created the federal judiciary?

A)Article III
B)Article II
C)Article VI
D)Article I

Question 20

Enforcement of the federal judiciary's decisions depends on____________.

A)the public's willingness to accept its decisions
B)the complexity of judicial decisions
C)the ideology,race,and gender of judges
D)the use of precedent in judicial decisions

Question 21

Proponents of which of the following believe that judges should use their power to strike down laws that violate broad norms and values?

A)judicial constructionism
B)judicial activism
C)judicial originalism
D)judicial implementation

Question 22

What are the two types of jurisdiction courts can have?

A)original and appellate
B)constitutional and statutory
C)active and restrained
D)legislative and constitutional

Question 23

Which of the following was an important precedent set by George Washington in his judicial appointments?

A)He sought the advice of senators in appointing justices.
B)He appointed individuals with no affiliation with a political party.
C)He appointed individuals with prior experience as attorneys.
D)He appointed political and ideological allies to the federal courts.

Question 24

Who attempted to expand the number of Supreme Court justices in 1937?

A)Chief Justice Warren
B)President Hoover
C)Chief Justice Marshall
D)President Roosevelt

Question 25

Federal courts have writ of __________ jurisdiction,or the power to release persons from custody if a judge determines they are not being detained constitutionally.

A)amicus
B)certiorari
C)in forma pauperis
D)habeas corpus

Question 26

Just because judges make independent decisions does not mean they are free to do whatever they wish.Which of the following concepts constrains judicial decision-making?

A)judicial review
B)supremacy
C)originalism
D)precedent

Question 27

In 1869,Republicans altered the Court's appellate jurisdiction to prevent Supreme Court review of the constitutionality of legislation related to __________.

A)prohibition
B)voter's rights
C)Reconstruction
D)income taxes

Question 28

Only a(n)__________ court can review the decisions of a lower court.

A)trial
B)administrative
C)constitutional
D)appellate

Question 29

Although the Court resolves many issues,it also sometimes __________ the case,sending it back to the lower court with instructions to act in accordance with its opinion.

A)remands
B)denies
C)rejects
D)discards

Question 30

The U.S.courts of appeals are divided into __________ judicial circuits in the states and U.S.territories;another court of appeal is located in the District of Columbia.

A)9
B)12
C)13
D)11

Question 31

The ruling in which of the following cases struck down state-mandated segregation in public schools?

A)Gideon v.Wainwright
B)McCulloch v.Maryland
C)Brown v.Board of Education
D)Plessy v.Ferguson

Question 32

Federal judges are appointed to __________ terms.

A)2-year
B)life
C)10-year
D)20-year

Question 33

The Supreme Court explains the legal reasoning behind its decisions through __________.

A)amicus curiae briefs
B)writs of certiorari
C)written opinions
D)press conferences

Question 34

Before being considered by the Senate Judiciary Committee,nominees for __________ must survive a preliminary vote by the nominee's two home-state senators.

A)the Supreme Court
B)circuit court
C)district court
D)state Supreme Court

Question 35

How do President Obama's judicial nominees compare to those of past presidents?

A)Obama's nominees are more likely to have advanced law degrees.
B)Obama's nominees are more likely to be male.
C)Obama's nominees tend to be slightly younger.
D)Obama's nominees tend to be slightly older.

Question 36

A(n)__________ brief is submitted by someone who is not a party to the case.

A)amicus curiae
B)appellate
C)habeas corpus
D)coram nobis

Question 37

How does the United States judicial system differ from those of most other countries?

A)The United States has both federal and state courts,whereas most countries have a single national judiciary.
B)The United States has both federal and state courts,whereas most countries have decentralized judicial systems.
C)Unlike most other countries,the United States offers justices life tenure.
D)Unlike most other countries,the United States grants the judicial branch the power of judicial review.

Question 38

You are an attorney representing a defendant in a criminal case at the state level.Your client was convicted and would like to appeal.One what basis could your client appeal her case to a federal court?

A)on the basis that the case concerned a federal issue
B)on the basis that her constitutional rights had been violated during the investigation
C)on the basis that she believes she was wrongly convicted
D)on the basis that the state law in question was poorly designed

Question 39

You are an attorney advising a client on a case that she has appealed to the Supreme Court.What should you tell your client to expect with respect to the appeals process?

A)Be prepared for your appeal to be denied.
B)Be prepared for the Court to issue a mixed opinion,agreeing with some but not all of your claims.
C)Be prepared to take this appeal to a higher level if it denied by the Court.
D)Be prepared to wait at least a year before the Court issues a ruling.

Question 40

Which of the following is within the original jurisdiction of the Supreme Court?

A)federal criminal matters
B)tax disputes
C)military tribunals
D)controversies between the states

Question 41

The federal judiciary is reluctant to hear what type of cases?

A)cases involving conflict between federal and state laws
B)cases involving foreign policy questions
C)cases involving drug crimes
D)cases involving the death penalty

Question 42

You are a judicial nominee who is being questioned by the Senate Judiciary Committee.A senator asks you to state your position on abortion.To have the greatest chance of being confirmed,how should you respond?

A)by candidly explaining your personal views about abortion
B)by discussing whether you agree or disagree with the Court's legal reasoning in abortion cases such as Roe v.Wade
C)by offering an opinion on abortion that you believe most members of the committee would endorse
D)by refusing to answer the question

Question 43

Who represents the federal government in lower federal courts?

A)public defenders
B)the solicitor general
C)the attorney general
D)U.S.Attorneys

Question 44

What role does political party play in presidents' selection of judicial nominees?

A)It is the most important factor.
B)It is one of many factors,including ideology,race,and gender.
C)Presidents are careful to exclude political party as a factor in the selection process.
D)It is the least important factor.

Question 45

When the U.S.Supreme Court agrees to hear a case appealed to it from a circuit court,it is exercising its __________ jurisdiction.

A)original
B)constitutional
C)mandatory
D)appellate

Question 46

What was the main consequence of the Supreme Court's decision in United States v.Windsor in 2013?

A)If a same-sex couple is legally married by their state,they must be treated as married by the federal government.
B)If a same-sex couple is legally married in one state,their marriage must be recognized by all states.
C)If a same-sex couple is legally married by their state,the federal government is not required to recognize the marriage.
D)If a same-sex couple is legally married by a federal judge,their home state is not required to recognize the marriage.

Question 47

All federal judicial nominations are first referred to which of the following for a hearing?

A)House Judiciary Committee
B)Senate Nominations Committee
C)Supreme Court
D)Senate Judiciary Committee

Question 48

If you sue your neighbor over damage to your property,how are you referred to in the legal documents?

A)defendant
B)plaintiff
C)adversary
D)initiator

Question 49

Which of the following can modify a decision of the Supreme Court?

A)executive order
B)federal statute
C)constitutional amendment
D)writ of certiorari

Question 50

How are interest groups involved in judicial nominations?

A)Interest groups typically stay out of federal nominations,but are active endorsing judicial candidates who are elected at the state level.
B)Interest groups are not involved in influencing the nomination process.
C)Interest groups wait for the president to announce federal nominees,and then they either endorse or oppose them.
D)Even before justices are nominated,interest groups rank candidates and inform the media about their support for or opposition to potential nominees.

Question 51

What is one of the main purposes of the Space of Her Own program?

A)to boost the number of women in the federal judiciary
B)to boost the number of women entering law school
C)to reduce young girls' risk of involvement in criminal activity
D)to provide female defendants with legal counsel

Question 52

The conference of the U.S.Supreme Court is __________.

A)open to the justices and the public
B)limited to the justices themselves
C)open to the justices and other court staff
D)open to the justices and the president

Question 53

The Constitution gives __________ the power to create lower federal courts.

A)Congress
B)the president
C)the Supreme Court
D)states

Question 54

Which of the following is true of the philosophy of judicial restraint?

A)It is the favored approach of legal scholars.
B)It is the favored approach of conservatives.
C)It is the favored approach of liberals.
D)It has been advocated by both liberals and conservatives.

Question 55

Why might it be important to diversify the federal judiciary?

A)A more diverse judiciary could boost the courts' legitimacy.
B)A more diverse judiciary will lead to more balanced decisions.
C)A more diverse judiciary could boost the courts' transparency.
D)A more diverse judiciary could rein in judicial activism.

Question 56

As illustrated in the Roberts' Court decision in Citizens United v.Federal Election Commission,when a court strikes down legislation,__________.

A)it is usually supported in its decision to check the other branches
B)it risks drawing criticism and questions about its authority
C)it risks its decision being completely ignored by the other branches
D)it usually waits until it has complete unanimity in the decision

Question 57

If a judge believes that she should only strike down laws that clearly violate the Constitution,she likely believes in which of the following?

A)judicial conservatism
B)judicial originalism
C)judicial restraint
D)judicial construction

Question 58

A court that hears and weighs evidence to reach the first decision in a civil or criminal case is a court of __________ jurisdiction.

A)appellate
B)trial
C)original
D)mandatory

Question 59

Which of the following questions would be considered a litmus test of a judicial nominee during a confirmation hearing?

A)Is the court bound by precedent?
B)What is your personal view on the death penalty?
C)Is there a constitutional right to privacy?
D)Is judicial review overused?

Question 60

What impact does stare decisis have on the judicial system?

A)It promotes adherence to the Constitution.
B)It promotes responsiveness of judicial decisions to changing social conditions.
C)It promotes open discussion of competing legal arguments.
D)It promotes uniformity and stability.

Question 61

The Supreme Court's annual term begins on the first Thursday in April.

Question 62

Under its appellate jurisdiction,the Supreme Court can review appeals from state supreme court decisions that raise questions of federal law.

Question 63

Only the Supreme Court can review the decisions of state courts.

Question 64

The list of potential cases that reach the Supreme Court is called the __________.

Question 65

Of all the federal courts,only the __________ is established by the Constitution.

Question 66

The president and the Senate often appoint justices whose decisions reflect their values.

Question 67

The Supreme Court has original jurisdiction over cases involving ambassadors and cases in which a state or states are a party.

Question 68

Under the Judiciary Act of 1789,the federal judiciary was divided into a three-tiered system that exists to this day.

Question 69

A dissenting opinion is written by a justice who agrees with the decision of the majority,but disagrees with the rationale.

Question 70

The district courts are appellate courts.

Question 71

Judges in the circuit courts of appeals are bound by __________,or decisions previously made by courts of appeals and the Supreme Court.

Question 72

The custom of senatorial courtesy is not observed with Supreme Court nominees.

Question 73

The Supreme Court regularly exercises its original jurisdiction.

Question 74

Other than the __________ jurisdiction the Constitution grants to the Supreme Court,no federal court has any jurisdiction except that granted to it by an act of Congress.

Question 75

The Judiciary Act of 1789 established the federal circuit courts and district courts.

Question 76

Since 1970,national crime rates have fallen dramatically.

Question 77

There is a constitutional right to a jury at all state and federal trials.

Question 78

Article III specifies the powers of the Supreme Court.

Question 79

Amicus curiae briefs are rarely filed in cases before the Supreme Court.

Question 80

All district court decisions can be __________,or taken to a higher court for further review.