Question 1

Which of the following statements about the U.S.court system is LEAST accurate?

Accepted Answer

Federal court decisions cannot be appealed in state courts; they must be appealed within the federal court system.

Question 2

Which of the following cases best represents a class action suit?

Accepted Answer

A class action suit is a lawsuit where a large group of people collectively sue another party. In option A, the customer is suing the manufacturer on behalf of all consumers who bought a defective product, which is the definition of a class action suit. The other options do not fit this definition. Option B is an individual discrimination case, option C is a criminal case, option D is a private business suing the government, and option E is an individual disability access case.

Question 3

The two basic types of law under the American judicial system are criminal law and

Accepted Answer

The two basic types of law under the American judicial system are criminal law and civil law. Criminal law deals with crimes committed against society as a whole, while civil law deals with disputes between individuals or organizations. Business law, tax law, and corporate law are all subsets of civil law. Common law is a system of law developed through judicial decisions rather than through legislative statutes, and is not one of the two basic types of law.

Question 4

The Supreme Court has appellate jurisdiction in all of the following cases EXCEPT

Accepted Answer

The Supreme Court has appellate jurisdiction in cases involving violations of federal laws, cases involving a citizen of one state suing a citizen of another state, cases in which the federal government sues a state, and cases in which the federal government sues a company or group of citizens. However, the Supreme Court does not have jurisdiction in cases involving an ambassador of another country suing a state.

Question 5

Most cases that begin in a state court system are resolved in

Accepted Answer

Most cases that begin in a state court system are resolved in that system. Only a small fraction of state court decisions are appealed to federal courts, and even fewer make it to the U.S. Supreme Court. Therefore, the best choice is B.

Question 6

Which of the following statements about the federal appeals court system is LEAST accurate?

Accepted Answer

In the federal appeals court system, the losing side in a federal district court trial generally has the right to appeal to the circuit court without needing special permission, except in certain specific cases.

Question 7

The only way a case can move from a state court system to the national system is through

Accepted Answer

The only way a case can move from a state court system to the national system is through an appeal from the state's highest court to the U.S. Supreme Court. The U.S. Supreme Court has the power to hear cases that involve issues of federal law or the U.S. Constitution, and its decisions are binding on all state courts. Therefore, if a case involves a federal question or a constitutional issue, it can be appealed to the U.S. Supreme Court from the state's highest court.

Question 8

A U.S.district court would be LEAST likely to preside over a case involving

Accepted Answer

Shoplifting is a state crime, so it would be heard in a state court, not a federal court.

Question 9

Which Supreme Court justice was a surprise supporter of Obamacare in the 2012 Independent Business et al.v.Sebelius, Secretary of Health and Human Services decision?

Accepted Answer

Chief Justice John Roberts was the surprise supporter of Obamacare in the 2012 Independent Business et al. v. Sebelius, Secretary of Health and Human Services decision. He cast the deciding vote to uphold the individual mandate as a tax under Congress's taxing power.

Question 10

In which of the following instances would the Supreme Court have original jurisdiction?

Accepted Answer

The Supreme Court has original jurisdiction in cases where a state is a party, meaning when one state sues another state. In this scenario, the government of Indiana is suing the government of Kentucky.

Question 11

In its 2012 decision of the Independent Business et al.v.Sebelius, Secretary of Health and Human Services case, the Supreme Court upheld Obamacare on the basis that the law

Accepted Answer

The Supreme Court upheld the Affordable Care Act (Obamacare) primarily on the basis that the individual mandate could be considered a tax, which falls under Congress's taxing power.

Question 12

The principle of judicial review allows the Supreme Court to

Accepted Answer

The principle of judicial review allows the Supreme Court to assess the constitutionality of congressional acts. This means that the Supreme Court can declare a law passed by Congress to be unconstitutional and therefore invalid. This power was established by the landmark case Marbury v. Madison in 1803.

Question 13

In which case did the Supreme Court establish the principle of judicial review?

Accepted Answer

In the case of Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, which gives the Supreme Court the power to declare laws and executive actions unconstitutional.

Question 14

A case can NOT proceed directly to the Supreme Court from which of the following types of courts?

Accepted Answer

A case cannot proceed directly to the Supreme Court from a local trials court. The case must be heard and ruled upon by higher courts before it can be appealed to the Supreme Court. Cases from U.S. Federal Court of Appeals, Court of International Trade, Court of Claims, and a state's highest court of appeals can proceed directly to the Supreme Court if the Court grants a writ of certiorari.

Question 15

A case that begins in the national court system will be resolved

Accepted Answer

A case that begins in the national court system (such as a federal district court) will be resolved only in the national court system, which includes the U.S. Court of Appeals and the U.S. Supreme Court. It will not be resolved in state courts (unless it involves issues of state law that may also need to be addressed), and it will not be resolved solely in U.S. district courts or U.S. appellate courts.

Question 16

How many justices voted in favor of the government in the 2012 case of Independent Business et al.v.Sebelius, Secretary of Health and Human Services that upheld the constitutionality of President Obama's signature health care law, the Patient Protection and Affordability Act?

Accepted Answer

In the 2012 case of National Federation of Independent Business v. Sebelius, the Supreme Court upheld the constitutionality of the Affordable Care Act with a 5-4 decision. Chief Justice John Roberts joined the four liberal justices in the majority.

Question 17

In order for a suit to meet the standards of justiciability, the plaintiff must have

Accepted Answer

Legal standing refers to the requirement that a plaintiff must have a direct and specific interest in the outcome of a case in order for it to be justiciable. This ensures that the plaintiff has a legitimate reason for bringing the case to court and that the court has the authority to render a decision. Without legal standing, a case would not meet the standards of justiciability. Therefore, option D is the best choice.

Question 18

Which of the following statements about the Foreign Intelligence Surveillance Court is LEAST accurate?

Accepted Answer

The statement that the FISC is generally reluctant to grant warrants permitting the federal government to conduct surveillance of suspected foreign agents within the boundaries of the United States is the least accurate. In reality, the FISC approves the vast majority of requests for surveillance warrants.

Question 19

Which of the following statements about the U.S.district court system is LEAST accurate?

Accepted Answer

District courts do not always require trials by jury. In some cases, parties may waive their right to a jury trial and instead have the case heard by a judge alone.

Question 20

The primary basis of American common law is

Accepted Answer

American common law is primarily based on precedent established within the court system. This means that decisions made in prior cases are used to guide and shape future legal decisions, creating a body of law that is built upon itself over time. While legislation and customs may also play a role, they are not considered the primary basis for American common law.

Quiz 14: The Courts: Judicial Power in a Democratic Setting