Question 1

In an adversarial system of justice, the person or group against whom a case is brought in court is known as the ______.

Accepted Answer

In an adversarial system of justice, the defendant is the person or group against whom a case is brought in court. The plaintiff is the person or group who initiates the case by bringing a lawsuit against the defendant. Petitioner and respondent are terms more commonly used in administrative or civil proceedings, and do not necessarily apply to a criminal case in an adversarial system.

Question 2

Based on John Marshall's logic, when the Supreme Court exercises judicial review, it ______.

Accepted Answer

The answer of Based on John Marshall's logic, when the...

Question 3

Before becoming the chief justice of the Supreme Court, John Marshall held what other government position?

Accepted Answer

John Marshall served as the Secretary of State under President John Adams before being appointed as the Chief Justice of the Supreme Court by President Adams.

Question 4

Which of the following court cases established judicial review?

Accepted Answer

Marbury v. Madison established the principle of judicial review, which gave the Supreme Court the power to declare acts of Congress unconstitutional. The other cases listed do not pertain to the establishment of judicial review.

Question 5

A Texas Voter ID law was denied by the Justice Department in 2009. Texas wanted to file a lawsuit against the U.S. government. With which court does Texas have to file its case?

Accepted Answer

Texas would need to file its case with a Federal District Court, as this is the first level of the federal court system for most cases. The Texas Supreme Court only has jurisdiction over state law issues, not federal law. The Fifth Circuit Court of Appeals would come into play if either side appealed a decision from a Federal District Court. The Supreme Court is the highest level of the federal court system and is typically reserved for cases involving significant constitutional questions or conflicts between different circuits of appellate courts.

Question 6

If Texas and California have a dispute, before which court would their case be argued?

Accepted Answer

Since Texas and California are both individual states within the United States, they would not be required to argue their case before a federal court in Washington, D.C. Instead, they could file the case with either the Texas or California state court systems, or potentially appeal the case to the United States Supreme Court if necessary.

Question 7

When the Supreme Court reviews laws and actions in light of the meaning of the Constitution, they are using ______.

Accepted Answer

Constitutional interpretation refers to the process of determining the meaning and application of the Constitution to various laws and actions. The Supreme Court is responsible for interpreting the Constitution and using it as a guide for reviewing the constitutionality of laws and actions. Constitutional review and judicial interpretation are related concepts that are often used interchangeably with constitutional interpretation, but they are not the best choices in this case since they are more general terms that do not specifically refer to the Supreme Court's role in interpreting the Constitution. Legislative review, on the other hand, does not involve the Supreme Court at all, but rather refers to the process by which Congress or state legislatures review and potentially reject or modify executive actions or regulations.

Question 8

George Washington demonstrated his commitment to ensuring representation from all parts of the country by appointing justices from Massachusetts, New York, Virginia, Maryland, and ______ to the first Supreme Court.

Accepted Answer

George Washington appointed two justices each from Massachusetts, New York, Virginia, and Maryland to the first Supreme Court. He also appointed one justice from South Carolina, demonstrating his commitment to geographic diversity in the court. North Carolina and Georgia did not have a justice appointed to the first Supreme Court. And Alabama did not even exist as a state at the time.

Question 9

Which of the following was deemed necessary to ensure limitations to congressional power?

Accepted Answer

Judicial review allows the Supreme Court to declare acts of Congress unconstitutional, serving as a check on congressional power and ensuring limitations on that power. Alternatively, choices A and B refer to types of jurisdiction in the judicial system, and choice C refers to the philosophy and principles of law, none of which necessarily relate specifically to limiting congressional power.

Question 10

The category of law that covers cases involving private rights and relationships between individuals and groups is ______ law.

Accepted Answer

Civil law covers cases involving private rights and relationships between individuals and groups. Constitutional law deals with the interpretation and implementation of the Constitution, criminal law covers cases involving violations of criminal law, and appellate law deals with cases that are appealed to higher courts.

Question 11

Judicial review is defined as the ability to ______.

Accepted Answer

Judicial review is the ability of the Supreme Court and other federal courts to determine if a law or governmental action is constitutional. It allows the Court to interpret the Constitution and ensure that government actions are in line with its principles. Judicial review does not involve determining guilt or innocence in criminal cases or handling cases between states or public and private sector parties.

Question 12

Who was the chief justice of the Supreme Court that presided over Marbury v. Madison?

Accepted Answer

John Marshall was the chief justice of the Supreme Court who presided over Marbury v. Madison.

Question 13

If a Supreme Court justice is deemed to be no longer exhibiting "good behavior," how can they be removed from their appointment?

Accepted Answer

According to the Constitution, a Supreme Court justice can be impeached by Congress for "high crimes and misdemeanors," which includes behavior that is not exhibiting "good behavior." However, no Supreme Court justice has ever been removed from office through impeachment.

Question 14

Declaring local, state, and federal laws unconstitutional falls under ______ for the Supreme Court.

Accepted Answer

Judicial review is the power of the Supreme Court to declare laws unconstitutional, including those made at the local, state, and federal levels. It is a crucial aspect of the court's role in the government and is a form of checks and balances on the legislative and executive branches.

Question 15

William Marbury requested that the Supreme Court issue a ______ ordering James Madison to deliver the commissions necessary to become justices of the peace.

Accepted Answer

Marbury requested a writ of mandamus, which is an order from a court to a government official to perform a certain action. In this case, the action was for James Madison to deliver the commissions to become a justice of the peace.

Question 16

Why did the Federalists change the Supreme Court's schedule and reorganize the lower federal courts system?

Accepted Answer

The Federalists wanted to preserve their influence within the national government by reorganizing the lower federal courts system and changing the Supreme Court's schedule, as this would allow them to appoint more Federalist judges to the courts. This was part of their broader strategy to maintain control over the federal government and prevent the Anti-Federalists from gaining power.

Question 17

In a criminal case, the plaintiff is always the ______.

Accepted Answer

In a criminal case, the plaintiff or the party that brings the case forward is the state or federal government, as they are the ones who are accusing the defendant of committing a crime against society as a whole. The injured party or petitioner may be involved in a criminal case, but they are not the plaintiff.

Question 18

The underlying battle of the Marbury v. Madison case was a ______.

Accepted Answer

The Marbury v. Madison case was a partisan battle between the Federalists, who supported outgoing President John Adams, and the newly-elected Republican, Thomas Jefferson. The case also involved a power struggle between the judicial and executive branches, as Adams' attempt to appoint William Marbury as a justice of the peace was blocked by Jefferson's Secretary of State, James Madison. The Supreme Court's ruling established the principle of judicial review, which asserted the power of the Court to declare acts of Congress unconstitutional, further intensifying the power struggle between the legislative and judicial branches. However, the partisan element between the Federalists and Republicans was the driving force behind the case.

Question 19

Constitutional courts refer to courts Congress was authorized to create under Article ______ of the Constitution.

Accepted Answer

Article III of the Constitution grants Congress the power to create constitutional courts, which include the Supreme Court and any lower federal courts deemed necessary.

Question 20

Cases that make their way from the state courts to the federal courts generally involve questions arising under the ______.

Accepted Answer

Cases that move from the state court to federal court usually involve interpretation or application of the U.S. Constitution. This is because federal courts have jurisdiction over cases involving federal law and the U.S. Constitution is the supreme law of the land. While some criminal or civil cases may also be heard in federal court, they typically need to have some connection to a federal question or law. The direct appeals process is not a relevant factor in determining which cases may move from state to federal court.

Quiz 12: The Federal Judiciary: Politics, Power, and the Least Dangerous Branch