Deck 14: The Courts

Question 1

Which of the following statements regarding appeals courts is true?

A) Witnesses and testimony are presented to the jury.
B) Judges review lower court case records to determine if there is evidence of an error.
C) Grand juries decide if there is enough evidence to conduct a trial.
D) Attorneys from both sides try to work out an agreement.
E) All of these are correct.

Answer 1

B

Question 2

In which of the following ways did the decision in Marbury v. Madison affect the power of the Supreme Court?

A) It reduced the power of the Court tenfold.
B) It potentially expanded the power of the Court to equal or exceed the power of other branches of government.
C) It made the Court as powerful as Congress.
D) It helped the Supreme Court supersede the power of all state and local courts.
E) It did not have any effect on the power of the Court because the Constitution is the final law.

Answer 2

B

Question 3

Whether or not the Supreme Court should permit flag burning as a form of political protest can be seen as a trade-off between which of the following?

A) Freedom and order
B) Freedom and equality
C) Equality and order
D) Freedom and pluralism
E) Majoritarianism and order

Answer 3

A

Question 4

The Supreme Court's power of judicial review was established by which of the following?

A) Article III of the U.S. Constitution
B) The Tenth Amendment
C) The Court's decision in Marbury v. Madison
D) The Court's decision in Plessy v. Ferguson
E) The Court's decision in Kelo v. City of New London

Question 5

The power of the courts to determine the constitutionality of a law or action is known as which of the following?

A) Appellate review of fact
B) Judicial review
C) Precedent
D) The writ of judicial appeal
E) Habeas corpus

Question 6

As a way to account for excesses by the Supreme Court justices, the Constitution allows for which of the following?

A) A supermajority vote
B) Impeachment
C) Free speech
D) "Time out"
E) A mandate

Question 7

Which of the following justices famously wrote in the Marbury v. Madison decision, "It is emphatically the province and duty of the judicial department to say what the law is"?

A) Thomas Jefferson
B) John Jay
C) Oliver Ellsworth
D) James Madison
E) John Marshall

Question 8

Which of the following statements regarding a precedent is true?

A) It means to reverse the decision of a lower court
B) It says the court does not have jurisdiction in a case.
C) It allows a court to refer the case to the next higher court.
D) It is the policy of following the law established by prior cases to decide other cases.
E) It means strict interpretation.

Question 9

If a judge rules a certain way on a case because prior cases of similar nature were subject to the same rule, that judge could be said to be relying on which of the following?

A) Precedent
B) Judicial review
C) Strict construction
D) Broad construction
E) Judicial activism

Question 10

Which of the following mechanisms provided by the Constitution can be used to overturn a Supreme Court decision?

A) Congressional nullification
B) Presidential veto
C) A constitutional amendment
D) A national referendum
E) Judicial impeachment

Question 11

Which of the following occurs when the U.S. Supreme Court decides an issue?

A) All other courts consider the Supreme Court's opinion in their own decision making.
B) All other courts are obligated to follow the Supreme Court's ruling.
C) Each court can decide for itself whether the Supreme Court decision applies to cases in its jurisdiction.
D) Congress is obligated to pass laws that support that decision.
E) It is written into the Constitution as an amendment if it raised a constitutional question.

Question 12

Which of the following statements regarding state courts is true?

A) They are exact copies of the federal court system.
B) They do not have to follow common law.
C) They are supreme within their own borders, overriding the federal courts.
D) Their decisions are invalid, due to the supremacy clause.
E) They make decisions on state law, as long as these laws don't conflict with the U.S. Constitution.

Question 13

Which of the following statements regarding U.S. district courts is true?

A) They are intermediate appellate courts.
B) They have final appellate jurisdiction to review cases.
C) They are state courts.
D) They are the trial courts of the federal system.
E) They are courts of limited jurisdiction.

Question 14

A court case that involves a violation of public order, such as robbing a bank, is known as which of the following?

A) Privacy
B) Appellate
C) Civil
D) Plea
E) Criminal

Question 15

Judicial review is the process for deciding whether a law or action is contrary to which of the following?

A) Administrative laws
B) A Supreme Court decision
C) Lower court decisions
D) State law
E) The U.S. Constitution

Question 16

Appellate court proceedings may include which of the following?

A) Witnesses and testimony are presented to the jury.
B) Juries
C) Cross-examination
D) Presentation of new evidence
E) Oral argument

Question 17

Federal appellate courts review and can overturn which of the following?

A) Precedents set by the U.S. Supreme Court
B) Only federal criminal cases
C) Rulings made by the lower federal courts
D) Guilt or innocence of defendants
E) Only civil cases

Question 18

Which of the following procedures does an appellate court use when it reviews a case?

A) It uses a panel of judges to review the records of a case.
B) It conducts another trial.
C) It relies on a jury to hear a new case.
D) It assesses only questions of fact associated with the case.
E) It presents the records of a case to the local government.

Question 19

In which of the following instances can a litigant appeal a district court verdict?

A) The litigant loses and is unhappy with that outcome.
B) The case is of significant public interest.
C) Another person was believed to be as guilty as the person convicted by the court but was not charged and tried.
D) Rulings made by the judge during the trial are at odds with Supreme Court precedent.
E) The defendant was from a different state than the person making the complaint.

Question 20

The overwhelming majority of federal cases are resolved in which of the following courts?

A) Appeals courts
B) The U.S. Supreme Court
C) District courts
D) Article I courts
E) Administrative courts

Question 21

The doctrine that holds that the Supreme Court should actively check the other branches of government when they exceed their authority is known as which of the following?

A) Judicial restraint
B) Strict construction
C) Judicial activism
D) Broad construction
E) Conservative activism

Question 22

Jurisdiction refers to which of the following?

A) The rules and principles announced in court decisions
B) The authority of a court to hear a particular class of cases
C) The constitutionality of a law
D) Statutory law
E) Common law

Question 23

President George W. Bush did not use recommendations from the American Bar Association (ABA) as part of his screening process for the federal bench for which of the following reasons?

A) He did not have confidence in their judgement.
B) They made some recommendations that had to be impeached.
C) His vice president, Dick Cheney, didn't want him to.
D) He thought they were too conservative.
E) He thought they were too liberal.

Question 24

In many cases, a third party to a court case will file which of the following to support a particular outcome?

A) An amicus curiae brief
B) A precedent
C) A question of standing
D) A litigation brief
E) A writ of certiorari

Question 25

Which of the following statements is true of a majority opinion?

A) It means all justices unanimously agree on the decision.
B) It is sent back to the court that originally heard the case.
C) It means the decision of the District Court must stand.
D) It will result in a new trial for the defendant.
E) It is the decision of most of the justices and is the decision of the Court.

Question 26

The highest paid official in the federal court system is which of the following?

A) An associate justice of the U.S. Supreme Court
B) A U.S. Court of Appeals judge for the District of Columbia
C) The chief justice of the U.S. Supreme Court
D) A U.S. district court judge for the southern district of New York
E) The chief administrator of the 5th Circuit Court of Appeals

Question 27

Which of the following presidents has appointed the most female judges to the federal courts?

A) Ronald Reagan
B) Bill Clinton
C) George W. Bush
D) Barack Obama
E) George H. W. Bush

Question 28

The opportunity for the president to appoint members to the federal judiciary is valuable for which of the following reasons?

A) New justices help move long-term justices closer to mandatory retirement.
B) A majority of presidents have been able to make more than five appointments to the bench while in office.
C) Rulings related to redistricting and election laws will be altered to favor the president's political party.
D) The Court is able to move swiftly to begin ruling in favor of the president's ideology.
E) The political views of the president will continue to be institutionalized long after they have left the White House.

Question 29

Which of the following is the last step of the Supreme Court decision-making process?

A) Announcing its decision to the public and the reasons for it
B) Assigning a justice to write the decision
C) Deciding if the Court will hear the case
D) Hearing oral arguments in the case
E) Asking the lower court to send the records of the case for review

Question 30

The most common background experience among recent Supreme Court nominees is judicial experience, and this can be explained by which of the following facts?

A) A judge's previous opinions serve as good predictors of his or her future opinions on the Supreme Court.
B) All senators confirming or rejecting nominees are lawyers.
C) A Supreme Court justice must have passed the bar exam.
D) All senators confirming or rejecting nominees are lawyers and a Supreme Court justice must have passed the bar exam.
E) Legal education is a formal requirement for all judicial positions in the United States.

Question 31

Which of the following is true of someone's right to have their case heard by the U.S. Supreme Court?

A) It only exists in criminal cases.
B) It only exists in federal cases.
C) In only exists in cases where someone has been sentenced to death.
D) It exists in all cases.
E) It is almost entirely at the Court's discretion.

Question 32

The opinion of a court laying out the official position of the court in the case is known as which of the following?

A) Majority opinion
B) Dissenting opinion
C) Minority opinion
D) Primary jurisdiction
E) Prevailing jurisdiction

Question 33

An opinion prepared by a judge who supports the court's decision, but wishes to in some way clarify, emphasize, or offer different reasons is known as which of the following?

A) Majority opinion
B) Dissenting opinion
C) A plurality opinion
D) A concurring opinion
E) A unanimous opinion

Question 34

A 2013 Senate rule change allows debate on judges other than Supreme Court justices to be cut off by which of the following?

A) A 60-vote majority
B) A presidential proclamation
C) A vote of the Senate Judiciary Committee
D) A simple majority
E) An agreement between the Senate majority leader and the Senate minority leader

Question 35

Which of the following is true of judges and justices in the federal court system?

A) They are appointed by the president with the advice and consent of the House of Representatives.
B) They are appointed by the president with the advice and consent of the Senate.
C) They are appointed by the president with the advice and consent of both houses of Congress.
D) They are part of a seniority system that gradually moves them toward the Supreme Court.
E) They are elected by the people every ten years.

Question 36

When can the U.S. Supreme Court review a state supreme court decision?

A) If there are damages in excess of $50,000
B) If the solicitor general asks it to do so
C) In all cases
D) In cases in which the state is a party
E) Only if a federal question is involved

Question 37

A doctrine holding that the courts defer to the decisions of elected officials is called which of the following?

A) Broad construction
B) Conservative activism
C) Strict construction
D) Judicial restraint
E) Judicial activism

Question 38

Which of the following statements regarding federal judges is true?

A) They are chosen in a secret process.
B) They are elected by the people.
C) They are appointed for life.
D) They are chosen by Congress.
E) They are appointed for a six-year term.

Question 39

As part of the vetting process, what two organizations formed a Judicial Selection Committee to screen federal judicial candidates?

A) The White House and the Supreme Court
B) The White House and the Justice Department
C) The Justice Department and the Defense Department
D) Homeland Security and the White House
E) The Treasury Department and the Justice Department

Question 40

The concept of senatorial courtesy refers to which of the following?

A) The Senate approving judges only if they belong to the same party that controls the Senate
B) The practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in the state
C) The practice of allowing members of the House to participate in the nomination process
D) The practice of allowing senators to veto candidates for federal district courts in their state
E) The Senate's deferring to the president and routinely approving his or her nominee

Question 41

Because the U.S. court system has so many alternative points of access for individuals and groups to present and argue their claims, it is said to follow which of the following models?

A) The majoritarian model
B) The elite model
C) The participatory model
D) The egalitarian model
E) The pluralist model

Question 42

Public opinion can serve as a check on the judiciary in which of the following ways?

A) The Supreme Court typically polls the public as a basis for its decisions.
B) People have the ability to vote federal judges out of office if they do not approve of the rulings of the courts.
C) Judges often believe they have an obligation to rule consistent with public opinion.
D) The president will veto a Supreme Court decision if it is unpopular.
E) Congress will override a decision of the Supreme Court with a majority vote in both houses.

Question 43

When judges attempt to consciously advance group interests as they see fit, they are illustrating which of the following models of democracy?

A) The majoritarian model
B) The elite model
C) The participatory model
D) The egalitarian model
E) The pluralist model

Question 44

Because presidents are most likely to appoint judges who share similar values as theirs, the heart of judicial appointments is which of the following?

A) A nominee's race
B) A nominee's gender
C) A nominee's political ideology
D) A nominee's sexual orientation
E) A nominee's religion

Question 45

If a state supreme court decides a case based solely on state law, what impact can the U.S. Supreme Court have on the decision?

A) Overturn the case based on its own interpretation of state law
B) Declare the state law unconstitutional so that the case has to go back to lower state courts
C) Review the decision and use it as a precedent for federal cases
D) Using the theory of stare decisis, change the decision to meet federal guidelines
E) Nothing, as the U.S. Supreme Court can only rule on federal cases or constitutional questions

Question 46

Explain the concept of precedents and how they are used within the federal court system.

Question 47

Discuss the differences between a plea bargain in a criminal case and a settlement in a civil case. Explain why the vast majority of cases never make it to trial.

Question 48

Explain judicial review and the constitutional and judicial origins of the power.

Question 49

More than two dozen constitutional amendments were introduced in Congress, though none were passed, within eight months after which of the following Supreme Court decisions?

A) Brown v. Board of Education
B) Roe v. Wade
C) Marbury v. Madison
D) Bush v. Gore
E) Miranda v. Arizona

Question 50

What is the percentage of cases, either criminal or civil, in federal district courts that are tried rather than disposed of through plea bargaining?

A) 10
B) 25
C) 50
D) 75
E) 90

Question 51

The most important factor for rejection of a judicial nominee has been which of the following?

A) The nominee's age
B) The nominee's gender
C) The nominee's religious background
D) Partisan politics
E) The nominee's educational background

Question 52

The Supreme Court's rulings generally are in line with popular opinion except for its decision on which of the following issues?

A) Gay marriage
B) Federalism
C) Capital punishment
D) Gun control
E) Prayer in public schools

Question 53

Often, class action suits have been the vehicles through which groups have asserted claims involving civil rights. One of the most famous of these cases was which of the following?

A) Marbury v. Madison
B) McCullough v. Maryland
C) Brown v. Board of Education
D) Miranda v. Arizona
E) Gideon v. Wainwright

Question 54

A person who says "The courts should adhere to the letter of the law and judges must refrain from injecting their own values into their decisions" is which of the following?

A) A supporter of the majoritarian model of democracy
B) A supporter of the pluralist model of democracy
C) A supporter of the elite theory
D) A structuralist
E) A libertarian

Question 55

Discuss how the U.S. Supreme Court can impact many of the nation's political policies through its decisions on which cases to hear or to not hear. Is this a proper use of the Court's discretion? Why or why not?

Question 56

Detail the levels of the federal court system, being sure to note the types of cases they hear and the forms of jurisdiction they possess.

Question 57

State supreme courts can turn to their state constitutions to "raise the ceiling of liberty above the floor created by the federal Bill of Rights". When would state supreme courts do this?

A) When the state supreme court is more conservative than the U.S. Supreme Court
B) When the state supreme court is unsure of what to do
C) When the state supreme justices totally agrees with the U.S. Supreme Court
D) When the state supreme court is more liberal than the U.S. Supreme Court
E) When the state supreme court is worried they'll be overruled by the U.S. Supreme Court

Question 58

A lawsuit filed by one person on behalf of that person and all similarly situated individuals is known as which of the following kinds of suit?

A) Amicus curiae
B) Appeal
C) Plurality action
D) Class action
E) Writ of habeas corpus

Question 59

A group of citizens around the country believe they have been victimized by poor design of a car's braking system. They might combine their interests in which of the following types of claim?

A) Group solicitation
B) Amicus curiae
C) Class action
D) Group damages
E) De novo

Question 60

If the law places either too much or not enough emphasis on equality or order, the elected legislature can change the law, not the courts. This view is part of which of the following models?

A) The majoritarian model
B) The elite model
C) The participatory model
D) The egalitarian model
E) The pluralist model

Question 61

Discuss the process through which judges are appointed to the federal judiciary. What are some of the pitfalls within the process?

Question 62

Discuss the roles of presidential and congressional party and ideological preferences in the judicial appointment process.

Question 63

Compare and contrast the concepts of judicial restraint and judicial activism.

Question 64

Describe the ways in which our courts can be checked by other branches of government.

Question 65

Compare and contrast the legal and extralegal approaches to judicial decision making. Be specific.

Question 66

Explain the process by which the U.S. Supreme Court decides to hear cases.

Question 67

Explain how the U.S. Supreme Court decides cases and explains its decisions.

Question 68

Does the U.S. judicial system better fit the majoritarian or the pluralist model of democracy? Why?

Question 69

Explain what a class action suit is, and explain how it has been used to increase the civil rights of a variety of minorities in the United States.

Question 70

Describe the relationship between public opinion and Supreme Court decisions.