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

Question 1

Which of the following is considered to be the primary role of the federal judiciary?

A) Create the laws of the nation
B) Enforce the laws of the nation
C) Execute and implement the laws of the nation
D) Interpret and apply the laws of the nation

Answer 1

D

Question 2

How long will a judge on the Supreme Court remain?

A) For the length of the presidency that appointed them
B) For as long as they get reappointed
C) Indefinitely
D) As long as they are exhibiting "good behavior"

Answer 2

D

Question 3

In Federalist 78, Alexander Hamilton sought to reassure skeptical Anti-Federalists by arguing that the judiciary ______.

A) was designed to interpret and not make laws with weak oversight power
B) was a limited branch of government with no power to overturn a law
C) would be impartial and, compared to the other two branches, its power would be weak
D) would not use its law-enforcement powers against the people and would uphold and interpret laws

Answer 3

C

Question 4

Who wrote the Federalist 78, which sought to reassure skeptics of the planned federal judiciary?

A) Alexander Hamilton
B) Aaron Burr
C) James Madison
D) Thomas Jefferson

Question 5

Federal judges are appointed with congressional approval after being nominated by the ______.

A) House
B) Senate
C) president
D) states

Question 6

Alexander Hamilton believed that ______ held the power of the purse.

A) the president
B) the judiciary
C) Congress
D) the public

Question 7

When a court has the authority to review the decision of a lower court and revise the decision, that court has ______ jurisdiction.

A) original
B) appellate
C) federal
D) state

Question 8

Alexander Hamilton believed that ______ held the power of the sword.

A) the president
B) the judiciary
C) Congress
D) the public

Question 9

Alexander Hamilton believed that the judiciary was responsible for exercising the power of ______.

A) the purse
B) the sword
C) judgment
D) tradition

Question 10

When the Supreme Court find the facts and hears a case for the first time they are using ______ jurisdiction.

A) original
B) appellate
C) supreme
D) first

Question 11

Who is affected by the rulings of the Supreme Court?

A) Only the state that issued the suit
B) Only states within the district that issued the suit
C) All states must follow the ruling
D) Each state gets to decide if they want to follow the ruling

Question 12

Delegates to the Constitutional Convention agreed that the judicial branch would be the ______ of the three branches of government.

A) weakest
B) least important
C) strongest
D) most important

Question 13

Where does the Constitution explicitly state the powers of the federal judicial branch?

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

Question 14

When did the Constitutional Convention decide on how judiciary members would be appointed?

A) Early on in discussions
B) Halfway through discussions
C) Late in discussions
D) A new convention had begun

Question 15

The fear of subjugation of individual and states' rights by an increasingly powerful judiciary was felt by the ______.

A) Federalists
B) Anti-Federalists
C) Republicans
D) Whigs

Question 16

The branch of government responsible for interpreting the laws of the nation is the ______.

A) judicial
B) executive
C) legislative
D) federal

Question 17

After trial, a defendant is not satisfied with the outcome of his or her case and hires an attorney to request a review of the case, its verdict, and its sentence. A higher court agrees to review the case. This court most likely has ______ jurisdiction.

A) original
B) appellate
C) intermediary
D) ultimate

Question 18

Which Congressional Act added five associate judges to the chief justice mentioned in the Constitution?

A) Judiciary Act of 1789
B) Judiciary Act of 1801
C) Supreme Act of 1792
D) Supreme Act of 1800

Question 19

In order to "flesh out the nature and organization of the nation's system of courts," Congress passed the ______.

A) Judicial Review Act of 1802
B) District Courts Act of 1790
C) Inferior Courts Act of 1787
D) Judiciary Act of 1789

Question 20

Molly believes the new federal judiciary that the Constitutional Convention designed will limit the authority of the states. Molly would most likely be classified with which group of her time?

A) Federalists
B) Anti-Federalists
C) Republicans
D) Whigs

Question 21

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

A) plaintiff
B) petitioner
C) defendant
D) respondent

Question 22

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

A) places the judicial branch above the executive branch
B) places the judicial branch above the legislative branch
C) supersedes the laws of the nation
D) makes all three government branches co-equals

Question 23

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

A) Secretary of the Navy
B) Secretary of the Treasury
C) Secretary of state
D) Vice president

Question 24

Which of the following court cases established judicial review?

A) Dred Scott v. Sanford
B) Missouri v. United States
C) Marbury v. Madison
D) Adams v. Jefferson

Question 25

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?

A) Texas Supreme Court
B) Federal District Court
C) Fifth Circuit Court of Appeals
D) the Supreme Court

Question 26

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

A) In the Texas Supreme Court since Texas is larger than California
B) In the California Supreme Court since California has a larger population
C) Either Texas or California must file the case with the Supreme Court
D) The case should be filed with a special federal court located in Washington, D.C.

Question 27

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

A) constitutional interpretation
B) constitutional review
C) judicial interpretation
D) legislative review

Question 28

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.

A) South Carolina
B) North Carolina
C) Georgia
D) Alabama

Question 29

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

A) Original jurisdiction
B) Appellate jurisdiction
C) Jurisprudence
D) Judicial review

Question 30

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

A) civil
B) Constitutional
C) criminal
D) appellate

Question 31

Judicial review is defined as the ability to ______.

A) review cases between states
B) determine if a law is constitutional
C) determine guilt or innocence
D) review cases between public and private sector parties

Question 32

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

A) Roger Taney
B) Aaron Burr
C) John Marshall
D) William Randolph Hurst

Question 33

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

A) The president can remove the justice.
B) A justice can be impeached by Congress.
C) The Senate can remove the justice.
D) The justice will be voted out during the next election.

Question 34

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

A) original jurisdiction
B) appellate jurisdiction
C) jurisprudence
D) judicial review

Question 35

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

A) warrant
B) subpoena
C) writ of habeas corpus
D) writ of mandamus

Question 36

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

A) Streamline the process of judicial review
B) Appease the demands of the Anti-Federalists
C) Preserve their influence within the national government
D) Weaken the judiciary branch even further

Question 37

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

A) state or federal government
B) injured party
C) petitioner
D) offending party

Question 38

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

A) partisan battle between Democrats and Republicans
B) partisan battle between Federalists and Republicans
C) power struggle between the executive and judicial branches
D) power struggle between the legislative and judicial branches

Question 39

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

A) I
B) II
C) III
D) IV

Question 40

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

A) criminal law system
B) civil law system
C) U.S. Constitution
D) direct appeals process

Question 41

An appellate court focuses on ______.

A) finding facts and delivering opinions on a case
B) determining questions of Constitutionality
C) analyzing the appropriateness of criminal punishments
D) how the decision of the court was rendered within the context of the law

Question 42

A judicial decision that guides future courts in handling similar cases is known as ______.

A) precedent
B) jurisdiction
C) mandamus
D) corpus juris

Question 43

The side that loses in a federal appellate court has the right to petition ______ for a possible appeal.

A) an appeals court in another circuit
B) the U.S. Supreme Court
C) state supreme courts
D) the legislative courts

Question 44

An interested party (such as an interest group) may submit its opinions to the Court in the form of a(n) ______.

A) habeas corpus writ
B) amicus curiae brief
C) mandamus petition
D) corpus juris memo

Question 45

The process of ordering the records of a case from the lower court is nicknamed "______."

A) granting cert
B) initiating appeal
C) exerting authority
D) wielding the gavel

Question 46

At the top of the federal judicial system is/are the ______.

A) legislative courts
B) federal district courts
C) federal courts of appeal
D) U.S. Supreme Court

Question 47

An especially important filer of amici curiae is the U.S. ____

A) attorney general
B) president
C) Congress
D) solicitor general

Question 48

In addition to considering federal questions, an important element of a case is ______.

A) challenge to the Constitution or the Bill of Rights
B) federal question
C) confusion about or alternate presentation of the law
D) risk to civil liberties

Question 49

How many courts of appeals are in the federal judicial system?

A) Six
B) Eight
C) 13
D) 25

Question 50

While the Constitution offers little guidance on which cases the Supreme Court does or does not take, justices have adopted the custom of ______.

A) judicial accommodation
B) the band of six
C) the rule of four
D) judicial necessity

Question 51

The most important factor in the decision to grant or deny a writ of certiorari in a case is whether the case presents a ______.

A) challenge to the Constitution or the Bill of Rights
B) federal question
C) confusion about or alternate presentation of the law
D) risk to civil liberties

Question 52

Almost all petitions from the lower courts to have their cases heard by the Supreme Court are ______.

A) approved
B) reviewed
C) denied
D) retried

Question 53

If the Supreme Court decides to hear a case, it issues a(n) ______.

A) brief of understanding
B) writ of certiorari
C) petition for habeas corpus
D) announcement of decision

Question 54

About what percentage of all petitions does the Supreme Court hear per year?

A) Less than 1%
B) Between 5% and 10%
C) Between 15% and 30%
D) Between 50% and 75%

Question 55

After hearing a case, an appeals court may ______.

A) confirm the original court's ruling, reverse the decision, or remand the case to a lower court
B) decide to hear new testimony, reverse the decision of the lower court, or institute a new decision
C) overturn the lower court's ruling, confirm the court's decision, or allow for new evidence
D) hear direct testimony, make a judicial decision, or determine appropriate punishment

Question 56

The modern Supreme Court receives, on average, between ______ and ______ petitions from lower courts per year.

A) 1,000; 3,000
B) 5,000; 7,000
C) 8,000; 9,000
D) 10,000; 12,000

Question 57

The Supreme Court (when no seats are vacant) generally consists of ______ justices.

A) six
B) nine
C) 12
D) 15

Question 58

When the plaintiffs and defendants in a case appear before the Supreme Court, they must present ______.

A) direct testimony
B) oral arguments
C) official witnesses
D) important evidence

Question 59

The middle level of the constitutional courts is occupied by the ______.

A) legislative courts
B) federal district courts
C) federal courts of appeal
D) U.S. Supreme Court

Question 60

In addition to certain technical requirements, a petitioner to the Supreme Court must demonstrate that he/she has ______, which involves demonstrating an actual imminent harm from a law or action in question.

A) clearance
B) standing
C) authority
D) jurisdiction

Question 61

Those justices that voted with the minority and who disagree with the majority opinion may wish to issue a(n) ______.

A) amicus curiae brief
B) concurring opinion
C) dissenting opinion
D) minority opinion

Question 62

Which of the following justices was appointed during Barack Obama's presidency?

A) Sonia Sotomayor
B) Merrick Garland
C) Neil Gorsuch
D) Ruth Bader Ginsburg

Question 63

Following oral arguments, cases in the Supreme Court proceed to ______.

A) stare decisis
B) legal discussion
C) judicial conference
D) public debate

Question 64

The national agenda is set by ______.

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

Question 65

Federal judges serve for ______, assuming good behavior.

A) four years
B) six years
C) eight years
D) life

Question 66

Once decided, the Court issues its decision in the form of a ______.

A) written opinion
B) oral briefing
C) public forum
D) national debate

Question 67

President Obama appointed which of the following Supreme Court justices during his presidency?

A) Elena Kagan
B) Clarence Thomas
C) Neil Gorsuch
D) Ruth Bader Ginsburg

Question 68

By upholding the constitutionality of laws and adding legitimacy in the minds of the American public to those laws passed by Congress, the Court risks ______.

A) allowing the exercise of powers not granted to it in the Constitution
B) asserting undue influence over the people themselves
C) confirming and implementing the tyranny of the minority
D) giving a stamp of approval to the tyranny of the majority

Question 69

Who is the plaintiff in criminal cases?

A) The victim or victim's family
B) The government
C) The victim's lawyer
D) A court-appointed lawyer

Question 70

Focusing on applying laws to the facts of a case, including past decisions, is the main focus of the ______ model.

A) legal
B) attitudinal
C) strategic
D) accepted

Question 71

If Brandon wanted the Supreme Court to step in and strike down an education law that he believes is unconstitutional, he would want the Court to use ______.

A) executive orders
B) judicial restraint
C) judicial activism
D) judicial countermajoritarianism

Question 72

Focusing on political actions of individual justices as they try to make the best use of personal and official resources in order to obtain a specific set of policy objectives is described as the ______ model.

A) legal
B) attitudinal
C) strategic
D) accepted

Question 73

Which of the following judge did Barack Obama nominate for the Supreme Court but was never confirmed by Congress?

A) Sonia Sotomayor
B) Merrick Garland
C) Neil Gorsuch
D) Ruth Bader Ginsburg

Question 74

The Supreme Court is considered to be giving approval when the court ______.

A) accepts a case
B) strikes down a law
C) rejects a case
D) upholds a law

Question 75

Which of the following are more apt to witness direct presidential involvement in the nomination process?

A) Legislative courts
B) Bankruptcy courts
C) District courts
D) Courts of appeal including the Supreme Court

Question 76

When the Supreme Court exercises judicial control against the prevailing majority, it is referred to as ______.

A) judicial review
B) original jurisdiction
C) countermajoritarianism difficulty
D) judicial restraint

Question 77

What is the name of the problem that occurs when Americans become less vigilant about who they elect, knowing that the Supreme Court will be there to bail them out if they do a poor job in choosing?

A) Ethical constraint
B) Moral hazard
C) Unforeseen security
D) Adapted judicialism

Question 78

The Court decision that is considered binding is the ______ opinion.

A) minority
B) majority
C) concurring
D) dissenting

Question 79

Which of the following is a Constitutional requirement for becoming a Supreme Court justice?

A) Prior legal argument and trial experience
B) Prior experience in the federal district courts
C) Prior experience in the federal appeals courts
D) There are no requirements for a Supreme Court justice

Question 80

Those who argue that the Court should use the power of judicial review only rarely and, when possible, defer to the judgment of the legislative and executive branches in decisions they have made are considered proponents of ______.

A) judicial restraint
B) countermajoritarianism
C) judicial activism
D) legal policy-making