Deck 10: The Judiciary

Question 1

Which of the following statements regarding jurisdiction is TRUE?

A)The jurisdiction of both state courts and federal courts is very broad.
B)The jurisdiction of both state courts and federal courts is limited.
C)Whereas the jurisdiction of state courts is very broad, that of the federal courts is more limited.
D)Whereas the jurisdiction of state courts is limited, that of the federal courts is very broad.
E)The jurisdiction of a court depends on the judges who agree to hear cases.

Answer 1

C

Question 2

The vast majority of criminal cases are handled by

A)the U.S.Supreme Court
B)U.S.Courts of Appeal
C)U.S.District Courts
D)U.S.military courts
E)state courts

Answer 2

E

Question 3

A law that has been formally declared by a legislature is called a

A)statute.
B)jurisdiction.
C)constitutional amendment.
D)declaratory judgment.
E)codification.

Answer 3

A

Question 4

In general, when courts hear cases in which the facts are similar to an existing precedent, the courts are expected to apply the principle of

A)original jurisdiction
B)caveat emptor
C)adversary rule
D)stare decisis
E)writ of certiorari

Question 5

Which one of the following is true of the U.S.Supreme Court's jurisdiction?

A)it is both original and appellate
B)it is appellate only
C)it is original only
D)it is advisory only
E)it is dual and advisory

Question 6

The requirement that a person must have suffered some sort of concrete harm or injury in order to litigate an issue is known as

A)an advisory opinion
B)adversary system
C)appellate jurisdiction
D)original jurisdiction
E)standing

Question 7

A divorce suit an example of

A)civil law.
B)criminal law.
C)statutory law.
D)constitutional law.
E)administrative law.

Question 8

In the process of choosing a Supreme Court judge, it is the responsibility of the Senate Judiciary Committee to

A)hold a hearing on whether to allow a nominee to be voted on by the Senate.
B)create a list of potential nominees from which the president chooses.
C)create a background file on the nominee that they present to the Senate.
D)work with the Justice Department to choose a nominee for the Senate to vote on.
E)interview the nominee and make a recommendation to the House of Representatives.

Question 9

Article III, Section 2, of the Constitution sets forth two types of jurisdiction: jurisdiction based on subject matter of a case and jurisdiction based on

A)how the case originates.
B)the nature of the parties in the case.
C)the types of penalties that can be imposed.
D)which constitutional clause is involved in the dispute.
E)whether the case is civil or criminal in nature.

Question 10

The jurisdiction of a court refers to the

A)volume of cases a court hears.
B)authority of the court to hear a particular type of dispute.
C)type of sentence a judge may pronounce.
D)number of judges authorized to serve a particular court.
E)term limits of the judges who sit on the court.

Question 11

A civil case is illustrated by a

A)murder trial.
B)child who files abuse charges against his parents.
C)misdemeanor assault charge.
D)governmental suit against a corporation for violating the Sherman Antitrust Act.
E)a politician who is charged with corruption.

Question 12

Which of the following statements regarding federal constitutional courts is TRUE?

A)Judges on constitutional courts serve for a fixed number of years.
B)Constitutional courts may give advisory opinions.
C)The constitutional courts are created by Congress under the provisions of Article I, Section 8 of the Constitution.
D)The principal constitutional courts are the district courts, the courts of appeals, and the Supreme Court.
E)All of the constitutional courts have equal jurisdiction.

Question 13

Equity consists of

A)a system where a court awards remedies other than monetary damages.
B)a rule of law that applies in determining the compensation of judges.
C)court interpretations of the Constitution in the realm of freedom from arbitrary discrimination.
D)criminal prosecutions which result in a conviction.
E)advisory opinions issues by supreme courts.

Question 14

Which type of law is known as a set of rules that been created by judges in the course of rendering decisions on court cases?

A)common
B)administrative
C)statutory
D)injunctive
E)bureaucratic

Question 15

An extensive set of rules issued by agencies of the federal, state, and local governments are collectively known as

A)statutory law.
B)administrative law.
C)common law.
D)constitutional law.
E)writs of certiorari.

Question 16

Which type of law dates back to medieval England?

A)common law
B)statutory law a
C)constitutional law
D)administrative law
E)regulatory law

Question 17

The U.S.Internal Revenue Service's regulations based on its interpretation of tax laws enacted by Congress are an example of

A)common law
B)statutory law
C)constitutional law
D)administrative law
E)fundamental law

Question 18

The American legal system is based on the assumption that truth will emerge from the clash of opposing interests.This is known as the

A)legal atmosphere.
B)adversary system.
C)dual court system.
D)class action.
E)federalism system.

Question 19

Stare decisis renders law

A)unnecessary.
B)stable and predictable.
C)useless.
D)unpredictable.
E)vague and unclear.

Question 20

A probate court or surrogate's court is a

A)court that deals with wills and estates.
B)federal court that acts in behalf of a state court.
C)court that deals with criminal cases.
D)lower federal court that acts on behalf of a higher federal court.
E)court that deals only with tax cases.

Question 21

Most cases reach the Supreme Court primarily by means of a(n)

A)injunction.
B)writ of habeas corpus.
C)writ of mandamus.
D)writ of certiorari.
E)stare decisis.

Question 22

The principle of stare decisis prohibits courts from overturning earlier decisions in cases with similar issues.

Question 23

The Court of Appeals for the Federal Circuit primarily hears cases involving

A)each state's criminal justice system.
B)which cases will be heard by the U.S.Supreme Court.
C)sex discrimination cases.
D)patents and tariffs.
E)tax cases.

Question 24

Precedent is based on previous judicial decisions.

Question 25

John Marshall's opinion in Marbury v.Madison established the principle of

A)judicial review.
B)judicial self-restraint.
C)stare decisis.
D)original jurisdiction.
E)textualism.

Question 26

Fewer than __________ of cases are appealed to the federal district courts.

A)25 percent
B)50 percent
C)10 percent
D)80 percent
E)4 percent

Question 27

Administrative law consists of the regulations that have been issued by administrative agencies.

Question 28

From 1800 until the end of the Civil War in 1865, the Supreme Court was concerned primarily with issues related to

A)taxes.
B)federalism.
C)reform legislation.
D)civil rights.
E)foreign policy

Question 29

The belief that judges should interpret the provisions of a constitution according to the meaning of the language at the time the document was composed is known as

A)judicial self-restraint.
B)judicial activism.
C)textualism.
D)originalism.
E)living constitution.

Question 30

In Marbury v.Madison, the Supreme Court held that:

A)Marbury had a legal right to the office in question and the Supreme Court could issue the writ.
B)Marbury did not have a legal right to the office, so the Supreme Court could not issue the writ.
C)Marbury would have to appeal to the U.S.Courts of Appeal in order to get the writ he sought.
D)Marbury was guilty of a crime and therefore not entitled to the legal office in question.
E)Marbury had a legal right to the office in question and the Supreme Court could not issue the writ.

Question 31

In general, the U.S.Supreme Court accepts

A)a very small percentage of the petitions it receives.
B)approximately half the petitions it receives.
C)all writs of certiorari that it receives.
D)all advisory opinion requests that come before it.
E)all criminal appeals it receives.

Question 32

When the Supreme Court's announcement of its decision in a particular case involves the issuance of a concurring opinion, the concurring opinion is

A)merely characterized by the signatures of all the justices who concurred with the majority opinion of the court.
B)written by a justice who concurs with the majority opinion but disagrees with the reasons advanced to support the majority opinion.
C)an opinion that the chief justice alone has the right to issue and is used to lend his support to a majority opinion written by another judge.
D)a Supreme Court opinion that concurs with a decision made by the Circuit Court of Appeals.
E)an opinion written by another court that hears the case at the same time as the Supreme Court.

Question 33

The number of certiorari petitions has

A)declined steadily over the years.
B)remained steady over the years.
C)grown steadily over the years.
D)increased, but only in the area of civil rights.
E)dropped sharply since 1938.

Question 34

Courts which are created by the Congress under Article I, Section 8, of the U.S.Constitution are usually referred to as

A)administrative courts.
B)appeals courts.
C)legislative courts.
D)regulatory courts.
E)chancery courts.

Question 35

Advocates of __________ are more likely to declare actions of the other branches as unconstitutional, and are more inclined to have the courts set policy for the nation.

A)originalism
B)judicial intent
C)judicial activism
D)judicial self-restraint
E)textualism

Question 36

A court order to a public official to perform an act that is legally required is called a(n)

A)subpoena.
B)injunction.
C)writ of mandamus.
D)writ of certiorari.
E)stare decisis.

Question 37

The American judiciary has the power to decide whether the acts of the executive and legislative branches of government are in conflict with the Constitution and, if so, to declare them void.This is the power of

A)advice and consent.
B)judicial review.
C)appellate jurisdiction.
D)legislative oversight.
E)equity.

Question 38

What chief justice established the Supreme Court as an independent force within the governmental system?

A)John Marshall
B)John Jay
C)Salmon Chase
D)Earl Warren
E)William Rehnquist

Question 39

A written opinion of a judge who voted with the minority is called a(n)

A)opposing opinion.
B)majority opinion.
C)dissenting opinion.
D)concurring opinion.
E)advisory opinion.

Question 40

At oral arguments before the U.S.Supreme Court,

A)the justices debate privately over the constitutional issues raised in a case.
B)attorneys meet the justices in conference to persuade them to accept the case.
C)the justices privately debate the merits of the cases before them.
D)the justices read their decisions from the bench.
E)attorneys undergo questioning from the justices.

Question 41

U.S.District Courts have both original and appellate jurisdiction.

Question 42

The term "judge-made" law means a set of rules that have been created by judges in the course of rendering decisions on court cases.

Question 43

Standing is the right of a court to hear a particular type of case.

Question 44

The vast majority of criminal cases are handled by the federal courts.

Question 45

A dissenting opinion may be written by any justice who voted with the minority.

Question 46

The U.S.Supreme Court issued many decisions in the areas of civil rights and civil liberties under Chief Justice John Marshall.

Question 47

The thirteen U.S.Courts of Appeal lack original jurisdiction.

Question 48

Civil law deals primarily with disputes between private individuals and defines the rights
of the parties in dispute.

Question 49

Legislation can change a decision of the U.S.Supreme Court.

Question 50

The concept of jurisdiction is basic to understanding the American court system.

Question 51

Criminal law is almost entirely statutory.

Question 52

The U.S.Supreme Court has both appellate and original jurisdiction.

Question 53

The U.S.Supreme Court generally issues a few hundred written opinions per year.

Question 54

In the majority of states, the most important trial court is a superior court or a circuit court.

Question 55

Explain the role of standing within the context of the adversary system.

Question 56

John Marshall was the chief justice of the Supreme Court when it decided the Marbury v.Madison case in 1803.

Question 57

A judge who believes in a textual interpretation of the Constitution is one who believes in its adaptability to modern circumstances.

Question 58

James Madison began a legal action in the United States Supreme Court to have the court compel the delivery of the document by issuing a writ of mandamus-a court order to a public official to perform an act that is legally required.

Question 59

A decision of the U.S.Supreme Court to hear a case that is appealed from a lower court
requires the affirmative vote of all nine judges.

Question 60

Statutory law is the same as common law and equity.

Question 61

What are some of the factors that enhance the power of the courts, and what are some of the ways judicial power can be restricted? Explain.

Question 62

Describe the process whereby the Supreme Court sets its agenda, makes its decisions, and delivers them to the public.

Question 63

Compare and contrast the philosophies of judicial activism, judicial self-restraint, and textualism.What effect does judicial philosophy have on the role and decisions of the Court?

Question 64

In Federalist Paper No.78, Alexander Hamilton argues that the judiciary is the branch of government least likely to threaten liberty or property.Judge whether Hamilton's argument is still valid today.