Deck 15: The Judiciary

Question 1

Which of the following statements about constitutional law is accurate?

A) Constitutional law is binding only on the actions of the federal government.
B) The law of state constitutions is supreme, but the U.S. Constitution is next.
C) Constitutional law arises from federal statutes.
D) All laws in the United States must comply with the U.S. Constitution.
E) All these answers are correct.

Answer 1

D

Question 2

In the federal judicial system, the main courts of original jurisdiction for most cases are the

A) trial courts.
B) trial courts and appeals courts.
C) appeals courts and the Supreme Court.
D) trial courts and the Supreme Court.
E) the Supreme Court.

Answer 2

A

Question 3

The compilation of all the laws passed by the U.S. Congress is known as

A) the Federal Register.
B) United States Reports.
C) constitutional law.
D) the U.S. Code.
E) the U.S. common law.

Answer 3

D

Question 4

Which of the following statements about administrative rule making is NOT accurate?

A) It is a quasi-legislative process.
B) The rules that result from administrative rule making have the force of law.
C) Administrative rules can be put into effect upon legislative approval.
D) Administrative rule making gives bureaucrats discretion to establish the necessary rules and regulations to implement policy.
E) It fleshes out the broad principles of statutory law.

Question 5

Initially, the federal judiciary was

A) very strong, with significant authority.
B) quite strong, with moderate authority.
C) quite weak, with little authority.
D) very weak, with almost no authority.
E) dependent on the states for its existence.

Question 6

How many court systems is the average American subject to?

A) 1
B) 2
C) 3
D) 4
E) 5

Question 7

In Federalist No. 78, Alexander Hamilton argued that the Constitution structured the federal judiciary so that it would

A) never have the power of judicial review.
B) be under the control of the president.
C) have full authority to apply Roman law.
D) be the weakest of the three branches of government.
E) immediately be the most prestigious branch of government and thus attract the brightest minds.

Question 8

In the process of administrative rule making, which of the following uses their discretion to establish rules and regulations to implement policy?

A) federal bureaucrats
B) the Supreme Court
C) federal appeals courts
D) state high courts
E) the Supreme Court and state high courts

Question 9

Mexico's judicial system

A) has been considered by most legal scholars to be more fair than that of the United States.
B) is transitioning to a system that is similar to the judicial system in the United States.
C) is based on unwritten traditions, not a written constitution.
D) does not use judges, but rather relies on jury forepersons to run trials.
E) All these answers are correct.

Question 10

What type of court system exists in the United States?

A) single court system
B) dual court system
C) triple court system
D) quadruple court system
E) multiple court system

Question 11

A court's jurisdiction is determined by

A) a constitution only.
B) a statute only.
C) a constitution or a statute.
D) a higher court.
E) the president or a governor.

Question 12

Which of the following statements about executive orders is accurate?

A) Executive orders do not have the force of law.
B) Executive orders are a type of presidential lawmaking.
C) Legislative input is necessary for executive order enactment.
D) Presidents rarely issue executive orders.
E) Executive orders are not subject to judicial review.

Question 13

The common law is based on which of the following?

A) legislation
B) statute
C) earlier court decisions
D) previous decisions of British Parliament
E) administrative rulings

Question 14

The compilation of a state's criminal law is known as its

A) state code.
B) penal code.
C) criminal code.
D) statutory code.
E) constitutional code.

Question 15

Which of the following are considered the highest form of law?

A) statutes
B) judicial decisions
C) executive orders
D) administrative and regulatory laws
E) constitutions

Question 16

The Supreme Court predominately acts as a court of

A) original jurisdiction.
B) dual jurisdiction.
C) shared jurisdiction.
D) appellate jurisdiction.
E) mandamus jurisdiction.

Question 17

Which early landmark case granted the Supreme Court its MOST significant power?

A) Marbury v. Madison
B) Dred Scott v. Sanford
C) Lochner v. Ellison
D) McCulloch v. Maryland
E) Bowers v. Hardwick

Question 18

Statutes and acts are authored by

A) Congress.
B) legislatures.
C) the president.
D) the Supreme Court.
E) Congress and other legislatures.

Question 19

The authority of the Supreme Court to determine the constitutionality of governmental action is known as

A) jurisdiction.
B) judicial review.
C) precedent.
D) common law.
E) stare decisis.

Question 20

The principle of stare decisis, a Latin phrase that means "let the decision stand," is the basis of the modern legal concept of

A) jury trials.
B) precedent.
C) code law.
D) judicial statute.
E) the primacy of common law.

Question 21

Which of the following Supreme Court appointees were nominated by President Obama?

A) Sonia Sotomayor and Samuel Alito
B) Elena Kagan and Sonia Sotomayor
C) John Roberts and Samuel Alito
D) John Roberts and Elena Kagan
E) John Paul Stevens and David Souter

Question 22

The term symbolic representation refers to which of the following in the selection of federal judges?

A) judicial qualifications of the candidate
B) the candidate's ideological views
C) the demographic represented by the candidate
D) opinions of constituents regarding the candidate
E) All these answers are correct.

Question 23

Which of the following is a key difference between criminal trials and civil trials?

A) Criminal trials always have juries, whereas juries are optional in civil trials.
B) Criminal trials require a higher degree of certainty of guilt or responsibility.
C) Criminal trials always have judges.
D) Criminal trials include an automatic appeal to a federal appellate court.
E) Criminal trial decisions can be appealed, whereas civil trial decisions cannot.

Question 24

Which of these special courts has come under increased media scrutiny due to its use since the 9/11 attacks?

A) Court of International Trade
B) U.S. Court of Military Appeals
C) U.S. Tax Court
D) FISA (Foreign Intelligence Surveillance Act) Court
E) U.S. Court of Veterans' Appeals

Question 25

Which of the following share power in the selection of federal court judges?

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

Question 26

Divorce cases

A) are handled by state courts only.
B) are handled by federal courts only.
C) can be handled by either a state court or a federal court.
D) are often appealed from state courts to federal courts.
E) are handled by negotiation among attorneys, not through court cases.

Question 27

To date, how many women have served on the bench of the Supreme Court?

A) two
B) four
C) seven
D) nine
E) fourteen

Question 28

According to the Constitution, which of the following is empowered to establish federal district courts?

A) the president
B) the Supreme Court
C) Congress
D) the Department of Justice
E) the Attorney General of the United States

Question 29

The U.S. circuit courts of appeals

A) hold trials to determine the evidence.
B) review the legal procedures of a preceding case.
C) are courts of discretionary jurisdiction.
D) are constitutional courts of last resort.
E) decide all cases after an oral hearing on the matter.

Question 30

Which of the following issues serves as the basis for most common civil lawsuits?

A) the family
B) contractual matters
C) commercial disputes
D) medical malpractice
E) traffic accidents

Question 31

How many federal district courts are there in the U.S. court system?

A) 13
B) 39
C) 56
D) 76
E) 94

Question 32

Who files suit in a case dealing with a violation of criminal law?

A) the victim
B) any concerned citizen
C) the plaintiff
D) the government
E) the accuser

Question 33

A federal court would be authorized to hear all of the following cases EXCEPT

A) a case between two states.
B) a question of law based on an interpretation of the U.S. Constitution.
C) a case between individuals who are from different states.
D) any trial to determine the facts no matter who the parties are.
E) a case in which a U.S. citizen and a foreign government are parties.

Question 34

Which of the following are considered courts of last resort, whose opinions carry the force of law?

A) federal district courts
B) special courts
C) federal appeals courts
D) state high courts
E) the Supreme Court and state high courts

Question 35

How many justices are there on the Supreme Court?

A) 5
B) 7
C) 9
D) 11
E) 13

Question 36

The attempt to ensure that governing bodies are representative of major demographic groups in proportions similar to their representation in the population at large is known as

A) descriptive representation.
B) substantive representation.
C) proportional representation.
D) symbolic representation.
E) delegate representation.

Question 37

The vast majority of crimes in the United States are dealt with by

A) local legislation.
B) state legislation.
C) federal legislation.
D) international legislation.
E) None of these answers is correct.

Question 38

In a civil lawsuit, negligence that causes harm to another person's body or property is known as

A) a tort.
B) a statutory violation.
C) certiorari.
D) stare decisis.
E) common law.

Question 39

How many federal courts of appeal are there?

A) 1
B) 6
C) 13
D) 27
E) 94

Question 40

The leading justice on the Supreme Court, who provides both organizational and intellectual leadership, is known as the

A) chief justice.
B) associate justice.
C) official justice.
D) advisory justice.
E) head justice.

Question 41

The Constitution grants ________ the right to control the Supreme Court's jurisdiction.

A) Congress
B) the Senate
C) the Supreme Court
D) the Attorney General of the United States
E) the president

Question 42

Of the members of the Supreme Court in 2014, which one had the closest confirmation vote in the Senate?

A) Samuel Alito
B) Anthony Kennedy
C) Sonia Sotomayor
D) Elena Kagan
E) Clarence Thomas

Question 43

Who is charged with drafting pool memos, which summarize the facts, describe the legal arguments, and make a recommendation as to whether the Supreme Court should take the case?

A) the chief justice
B) the associate justices
C) the Attorney General of the United States
D) Supreme Court clerks
E) the U.S. Attorney's Office in each state

Question 44

Which factor influences senators as they appoint federal judges?

A) judicial qualifications of the candidate
B) the candidate's ideological views
C) the demographic represented by the candidate
D) opinions of constituents regarding the candidate
E) All these answers are correct.

Question 45

A request to the Supreme Court that they review a case that was already decided is done via a(n)

A) discuss list.
B) writ of certiorari.
C) certiorari petition.
D) amicus curiae.
E) brief.

Question 46

Senatorial courtesy gives senators of the same political party as the president the right to veto judicial appointments to which of the following courts?

A) state high courts
B) federal district courts
C) state courts of appeals
D) federal circuit courts of appeals
E) the Supreme Court

Question 47

According to judicial scholar Thomas Keck, the MOST judicially active Supreme Court was the

A) Warren Court.
B) Roberts Court.
C) Kennedy Court.
D) Rehnquist Court.
E) Burger Court.

Question 48

A Supreme Court justice who agrees with the majority in a case, but disagrees in whole or in part with the majority opinion, has the option to write a

A) minority opinion.
B) dissenting opinion.
C) concurring opinion.
D) supporting opinion.
E) congruent opinion.

Question 49

Which phases of the Supreme Court's hearing and deliberations process offer the MOST opportunities for civic engagement?

A) pool memos and discuss lists
B) discuss lists and "friend of the court" briefs
C) "friend of the court" briefs and oral arguments
D) oral arguments and closed conference
E) discuss lists and closed conference

Question 50

Which of the following Supreme Court justices is MOST conservative?

A) Anthony Kennedy
B) Ruth Bader Ginsburg
C) Antonin Scalia
D) Sonia Sotomayor
E) Elena Kagan

Question 51

Which of the following best describes the ideological distribution of the Supreme Court today?

A) heavily conservative
B) slightly conservative
C) ideologically neutral, with equal numbers of conservatives and liberals
D) slightly liberal
E) heavily liberal

Question 52

A Supreme Court justice who disagrees with the majority in a case has the option to write a

A) minority opinion.
B) dissenting opinion.
C) concurring opinion.
D) supporting opinion.
E) congruent opinion.

Question 53

The current Supreme Court is known as the

A) Warren Court.
B) Roberts Court.
C) Kennedy Court.
D) Rehnquist Court.
E) Burger Court.

Question 54

Which of the following issues articles of impeachment for federal judges?

A) the House
B) the Senate
C) the Supreme Court
D) the Attorney General of the United States
E) the president

Question 55

What term is used to describe a court made up of a group of judges who must evaluate a case together and decide on an outcome?

A) collegial court
B) combined court
C) conflated court
D) concurrent court
E) corporate court

Question 56

For the Supreme Court to hear a case, how many of the nine justices must want to hear it?

A) four
B) five
C) six
D) seven
E) all nine

Question 57

The view that judicial decision making is guided by the ideology of individual judges is known as the

A) attitudinal model.
B) legal model.
C) dissenting opinion.
D) strategic model.
E) concurring opinion.

Question 58

Which of the following conducts impeachment trials for federal judges?

A) the House
B) the Senate
C) the Supreme Court
D) the Attorney General of the United States
E) the executive through the White House counsel

Question 59

Which of the following Supreme Court justices is MOST liberal?

A) Stephen Breyer
B) John Roberts
C) Antonin Scalia
D) Clarence Thomas
E) Samuel Alito

Question 60

Which of the following chief justices led a particularly activist Supreme Court?

A) Earl Warren
B) Thurgood Marshall
C) William Rehnquist
D) John Roberts
E) Warren Burger

Question 61

Discuss judicial restraint and why some judges choose to practice it.

Question 62

Compare and contrast civil and criminal law.

Question 63

Which of the following justices has most often served as a swing vote on the Supreme Court?

A) Elena Kagan
B) John Roberts
C) Clarence Thomas
D) Anthony Kennedy
E) Samuel Alito

Question 64

Identify the differences between concurring opinions and dissenting opinions.

Question 65

Define and discuss the principle of stare decisis.

Question 66

Define judicial activism, and provide an example of a Supreme Court decision that resulted from this stance.

Question 67

Compare and contrast original and appellate jurisdiction.

Question 68

Describe the function of oral arguments in the process of the Supreme Court.

Question 69

Gallup opinion polls show that the public trusts the judicial branch

A) less than both the legislative branch and the executive branch.
B) more than both the legislative branch and the executive branch.
C) more than the legislative branch, but less than the executive branch.
D) more than the executive branch, but less than the legislative branch.
E) about the same as it does both the executive branch and the legislative branch.

Question 70

Explain and discuss the role of internal restraint on judicial actions and decisions.