Deck 12: The Courts

Question 1

What was the principal effect of Marbury v.Madison (1803)on the Supreme Court?

A) It gave the Court the ability to rule on whether laws violate the Constitution.
B) It expanded the Court's appellate jurisdiction.
C) It established the system of circuit courts to take some burden off of the Supreme Court.
D) It changed the original jurisdiction of the Court to hear matters where state law conflicted with federal law.
E) It forced the creation of today's lower federal courts.

Answer 1

A

Question 2

The Constitution is silent on the concept of judicial review because the idea of giving the courts this kind of power did not emerge until after ratification.

Answer 2

False

Question 3

Which of the following describes a writ of mandamus?

A) the ability to rule on the constitutionality of statutes
B) the original jurisdiction of courts
C) the right to keep people in prison indefinitely without notifying them of the charges
D) an order issued by the Supreme Court to initiate impeachment proceedings against a federal official
E) an order issued by a higher court to a lower court, government official, or government agency to perform acts required by law

Answer 3

E

Question 4

What was the justification for refusing to issue Marbury his commission in Marbury v.Madison (1803)?

A) Marbury was not a U.S. citizen and therefore was ineligible for a job on the federal court.
B) The Court ruled that President Adams's appointment of Marbury was an abuse of executive power and illegal.
C) The Court ruled that President Adams's appointment of Marbury could not stand because it occurred after the election of 1800, which Adams lost.
D) The Court ruled that only the president had the power to issue a writ of mandamus.
E) The Supreme Court could not issue a writ of mandamus to someone holding federal office because it was not part of the Supreme Court's original jurisdiction outlined in the Constitution.

Question 5

Although the Founders envisioned the courts as an equal partner in national policy making,the debate over the imperial judiciary shows that it has in fact become the most powerful branch.

Question 6

Many criminal and civil cases are settled without a trial through plea bargaining.

Question 7

Which of the following was a part of the Judiciary Act of 1789?

A) It established every court throughout the nation, including all trial courts, city courts, county courts, state courts, and federal courts.
B) It changed the original jurisdiction of the Supreme Court.
C) It set the number of Supreme Court justices at nine.
D) It created both federal circuit and district courts.
E) It gave the president the power to nominate a new Supreme Court justice in the event of a vacancy on the Court.

Question 8

The Supreme Court can be considered a national policy-making institution.

Question 9

After asserting the power of judicial review,the Supreme Court's ability to rule on the constitutionality of state laws:

A) was based on the supremacy clause of the Constitution
B) came solely from the Judiciary Act of 1789
C) was established by the ruling in Dred Scott v. Sandford
D) was debatable until after the civil rights movement
E) was based on a combination of the supremacy clause and the Judiciary Act of 1789

Question 10

Although appeals courts are between the district courts and the Supreme Court,in actuality it is in the appeals courts that most federal appellate cases terminate.

Question 11

The term original jurisdiction means that a court has jurisdiction in any case for which it was the first one to interpret the application of law from a lower court.

Question 12

The Supreme Court is responsive to the views of the public,Congress,and the president because of the manner in which its members are selected and retain their seats.

Question 13

Supporters of a living Constitution argue that other legal perspectives do not allow the legal system to adapt in response to changes in technology,values,and society that could not have been anticipated by America's Founders.

Question 14

The Supreme Court is the only national institution that can interpret the Constitution,making it an equal partner in national policy making.

Question 15

The most important details about the Supreme Court-its size and organization-were established in:

A) the Preamble to the Constitution
B) the Judiciary Act of 1789
C) Marbury v. Madison (1803)
D) the Declaration of Independence
E) Article I of the Constitution

Question 16

Why is it important that the Supreme Court was given the right to rule on the constitutionality of state laws?

A) It was the foundation for the power of judicial review.
B) It is what balances power between the federal and state governments.
C) It ensures the uniform application of the Constitution across the states.
D) It ensured that the Supreme Court could not play favorites among the states.
E) It ended most debates surrounding states' rights and the federal government's power.

Question 17

The chief justice is responsible for assigning the majority opinion to another justice on the Court,but only when the chief justice is in the voting majority at the conference meeting.

Question 18

A court's appellate jurisdiction applies to:

A) the types of cases that originate in that court
B) the power to review the constitutionality of cases
C) cases in which the court must make rulings on the facts of a case
D) cases in which the court resolves conflicts over interpretations or the applicability of laws
E) all cases involving an appeal by the defendant

Question 19

There are no witnesses,and there is no testimony in the Supreme Court because of the way in which the Constitution describes its appellate jurisdiction.

Question 20

The original jurisdiction of the Supreme Court includes those cases that go directly to the Court for a full hearing.As specified in Article III of the Constitution,this includes disputes involving foreign ambassadors,countries,or cases in which a state is a party.

Question 21

When the Supreme Court resolves conflicts among lower courts in the interpretation of the law,the principal effect is to:

A) support the importance of judicial review as its main power
B) ensure consistent application of the law across the United States
C) demonstrate the importance of judicial activism
D) put the supremacy clause of the Constitution into practice
E) elevate the prestige of the Supreme Court

Question 22

Which of the following is a case that would bypass the appeals courts and go directly to the Supreme Court?

A) a special case involving the right to bear arms
B) a voting rights case
C) a search and seizure case
D) a case involving a capital offense
E) all cases involving constitutional issues and questions

Question 23

When the Supreme Court interprets a law passed by Congress,it is engaged in:

A) constitutional review
B) judicial review
C) statutory interpretation
D) constitutional interpretation
E) congressional oversight

Question 24

The term precedent refers to:

A) a rule passed by Congress that the courts must follow
B) a person's right to bring a case to the judicial system
C) a previously decided case that other courts use as a guide
D) a previous court decision that other courts must follow without exception
E) the original intent of the Founders

Question 25

The individual or group that appeals the decision of a lower court is the:

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

Question 26

The election of state judges may make courts more ________,though it potentially undercuts their role in ________.

A) responsive to special interests; looking after the public
B) responsive to public opinion; protecting minority rights
C) representative of different minority groups; standing up for unpopular rights
D) political; being fair
E) democratic; being nonpartisan

Question 27

The intermediate federal courts that hear appeals from district courts are known as:

A) appeals courts
B) legislative courts
C) circuit courts
D) constitutional courts
E) superior courts

Question 28

The individual or group that defends the decision of a lower court on appeal is called the:

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

Question 29

The Constitution provides ________ about the requirements for federal judicial service than it does for serving as president or in Congress.

A) more detail
B) the same amount of detail
C) less detail
D) no detail
E) less detail in some areas, but more detail in other areas

Question 30

Which of the following correctly orders courts from lowest to highest?

A) district courts, circuit courts, appeals courts
B) circuit courts, district courts, Supreme Court
C) district courts, special courts, circuit courts
D) district courts, appeals courts, Supreme Court
E) special courts, circuit courts, district courts

Question 31

A president has many choices as to whom to appoint to the federal bench because:

A) the Constitution is relatively silent on the issue
B) the Congress is deferential to the president's choice
C) the president can choose anyone as long as the nominee has a law degree
D) the president can choose anyone as long as the nominee has previously served as a judge in a lower court
E) a supermajority of the Senate is required to reject a presidential nomination to the federal bench

Question 32

Which of the following best describes the impact of precedent in Supreme Court decisions?

A) It cannot be contradicted by a new case.
B) It is a norm that constrains the behavior of the Court.
C) It creates a detailed codification of laws that can be applied to any case.
D) It establishes rules that must be followed to the letter.
E) It forms the sole foundation and philosophical underpinning for all rulings.

Question 33

Which of the following is the most frequently used system for selecting state-level judges?

A) Missouri Plan
B) appointment by the governor
C) appointment by the state legislature
D) partisan elections
E) nonpartisan elections

Question 34

Common law is a system by which a court:

A) ensures that both parties to a case have lawyers and share evidence
B) makes legal decisions on the basis of earlier decisions by other courts
C) provides a detailed codification of the law
D) only hears cases that come from its specific jurisdiction
E) hears special cases involving noncitizens, illegal immigrants, and terrorist suspects

Question 35

Which of the following can interpret the meaning of the Constitution?

A) the Congress only
B) the Justice Department only
C) the president only
D) the Supreme Court only
E) the Congress, the president, and the Supreme Court

Question 36

How many acts of Congress have been held unconstitutional?

A) about 70
B) about 170
C) about 270
D) about 1,700
E) There are no clear records, but most historians agree that the number is in excess of 6,000.

Question 37

The individual or group that is sued or charged with a crime is the:

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

Question 38

In which of the following is it possible for judges to face election?

A) constitutional courts
B) legislative courts
C) state courts
D) Supreme Court
E) All judges are appointed and therefore none face election.

Question 39

By embracing the concept of dual federalism throughout the nineteenth century,the Supreme Court:

A) demonstrated its inability to rule on the constitutionality of state laws
B) showed that it was unwilling to use judicial review to overrule states
C) failed to fulfill a key component of the Judiciary Act of 1789
D) resisted demands from Congress and the president to interfere in state politics more frequently
E) had resolved most debates surrounding states' rights and the extent of power afforded to the federal government

Question 40

The individual or group that initiates judicial action in a trial court is the:

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

Question 41

Those cases heard by the Supreme Court under its appellate jurisdiction arrive there because:

A) they involve foreign ambassadors and nations
B) the Court has been asked to issue a writ of certification and to clarify a case for a lower appeals court
C) a litigant who lost in a lower appellate court has convinced the justices to hear the case
D) Congress has identified the case as being so important that the Supreme Court must hear it
E) the solicitor general has determined it worthy of a hearing in the Supreme Court

Question 42

The group of cases submitted to the Supreme Court for its consideration is called its:

A) appellate jurisdiction
B) docket
C) original jurisdiction
D) in forma pauperis
E) certiorari

Question 43

Franklin Roosevelt's court-packing plan was designed to:

A) modernize the federal court system
B) force the Supreme Court to consider his New Deal legislation
C) help the Supreme Court process more cases
D) strengthen the court system to help crack down on the rise of organized crime in the 1930s
E) expand the federal court system to create more jobs during the Great Depression

Question 44

A brief submitted by an interested group or person who shares relevant information about a case to help the Court reach a decision is known as a(n):

A) writ of certiorari
B) plenary brief
C) amicus curiae brief
D) writ of mandamus
E) writ of habeas corpus

Question 45

An opinion written by a Supreme Court justice who agrees with a case but does not agree with its legal logic is called a:

A) concurring opinion
B) plurality opinion
C) dissenting opinion
D) per curiam opinion
E) voir dire

Question 46

Which of the following are constitutional criteria for determining when the Supreme Court will hear a case?

A) Rule of Four
B) collusion, mootness, and ripeness
C) mandamus, certiorari, and stare decisis
D) standing and origination
E) jurisdiction and origination

Question 47

Which of the following is a criterion typically used in selecting nominees to the Supreme Court?

A) ideology and partisanship
B) the nominee's net worth
C) service on and donation to the president's election campaign
D) the chief justice's opinion of the nominee
E) the nominee's physical appearance

Question 48

Which of the following factors influence which justice will be assigned the task of writing a majority opinion?

A) the input of the solicitor general
B) the input of the attorney general
C) the input of both the solicitor general and the attorney general
D) the seniority of each justice, with new justices getting more and less important cases
E) political factors, such as how others might respond to the opinion

Question 49

The term senatorial courtesy refers to:

A) the Senate deferring to the president in making appointments to the Supreme Court
B) the Senate focusing on merit criteria in the appointment process
C) the president deferring to members of the president's party from each state in choosing nominees to district courts
D) the president focusing on the political preferences of the Senate in selecting Supreme Court nominees
E) the tradition of the president providing the names of all judicial nominees to the Senate majority leader first before announcing the nominations publicly

Question 50

Which of the following demographic characteristics is a factor in presidential appointments to the federal bench?

A) whether or not they are white
B) whether they have previous judicial experience
C) whether they are Democratic or Republican
D) whether or not they are male
E) whether or not they are Catholic

Question 51

How does the Supreme Court gain compliance with the decisions it issues?

A) It relies upon the cooperation of Congress and the president.
B) It issues penalties, fines, and orders to noncompliant members of society.
C) It removes the budget of government agencies that do not enforce its decisions.
D) It alters the statutory authority of agencies that do not help it gain compliance.
E) It has the power to shut down the government until justices are satisfied that there is compliance.

Question 52

Which of the following is the most severe restriction on the Supreme Court's policy-making role?

A) The Court has limited control over which cases make it onto its docket.
B) The Court cannot set the judicial agenda and can only choose from cases appealed to it.
C) The president can change the size of the Court if the president disagrees with its decisions.
D) The Court is required to follow the dictates of precedent even when its justices disagree with those precedents.
E) All nine justices can be sued in civil court by state governments for decisions that result in policies with unfunded mandates.

Question 53

While the number of cases submitted to the Supreme Court has ________,the number of opinions the Court issues has ________.

A) stayed the same; increased
B) stayed the same; declined
C) increased; stayed the same
D) increased; declined
E) increased; also increased

Question 54

Roughly what percentage of the presidents' judicial appointees in the twentieth century were from a president's party?

A) 100 percent
B) 90 percent
C) 80 percent
D) 70 percent
E) This is impossible to know because judges always keep their party affiliation private so that they can appear impartial to the public.

Question 55

Unlike the first hundred years of the Supreme Court's history,more recent Supreme Courts have displayed an increased tendency toward:

A) making unanimous decisions
B) employing political justifications for overturning precedent
C) expressing minority views through dissents
D) ruling in favor of the side with public opinion behind it
E) ignoring precedent completely

Question 56

Over the past few decades,the process of nominating judges to the federal bench has:

A) become more contentious
B) become less contentious
C) stopped being contentious
D) remained about as contentious as it was in the past
E) become almost nonexistent as more and more judges have decided to remain in their positions, creating almost no new openings

Question 57

Which of the following lists accurately describes the order in which the Supreme Court acts?

A) writ of certiorari, oral argument, submission of briefs, conference
B) conference, oral argument, writ of certiorari, submission of briefs
C) submission of briefs, oral argument, conference, writing of opinion
D) submission of briefs, writ of certiorari, writing of opinion, conference
E) writ of certiorari, submission of briefs, conference, oral argument

Question 58

The Supreme Court spends most of its time:

A) on vacation
B) holding hearings on cases
C) reading briefs and writing opinions
D) in recess
E) researching past cases and the legal writings of the Founders

Question 59

The person responsible for litigating on behalf of the federal government is the:

A) attorney general
B) chief justice
C) president
D) solicitor general
E) federal chief procurator

Question 60

Under what conditions is the chief justice more likely to set aside his or hers own policy views and assign an opinion to a justice with different ideological views?

A) when there is very little interest in the case from outside groups
B) when there is fragile support for a majority position favored by the chief justice
C) when the federal government is a party to the case
D) when Congress or the president is unlikely to enforce the Court's decision
E) when public opinion seems to demand it

Question 61

The federal government and most of the states operate under a system of common law.Define this term as well as the notion of precedent.What role does precedent play in judicial decision making? And,most importantly,how does this type of system create opportunities for the judicial system to be a political institution?

Question 62

The strategic model of Supreme Court decision making emphasizes:

A) the political views of individual Supreme Court justices
B) how the justices account for the views of other justices when deciding how to act
C) the need for activist judges if the Court will be an important political institution
D) the role of the Constitution and how it is interpreted
E) how the justices strategically interpret the Constitution to fit their political ideologies

Question 63

When the Supreme Court waited two years to issue its opinion in Brown v.Board of Education,it demonstrated:

A) its lack of power to implement policy
B) that it was not really much of an activist Court
C) that it was sensitive to how the public would react to its decision
D) the importance of the attitudinal model of judicial decision making
E) that it lacked the resources it needed to carry out a speedy trial as the Constitution requires

Question 64

While a strict constructionist takes a(n)________ view of the Constitution,a justice who believes in ________ focuses on the perspective of the Founders at the time that they wrote the Constitution.

A) living; precedent
B) living; literalism
C) literal; precedent
D) literal; original intent
E) originalist's; literalism

Question 65

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact do you think this has on the role of the Supreme Court in our political system?

Question 66

Marbury v.Madison (1803)is widely believed to be the most important Supreme Court case in American history.What was this case about? Why is it that no matter which specific party won,Chief Justice John Marshall would lose? How did he turn it to his advantage? Why does that make it the most important case in American history?

Question 67

Outline the structure of the federal judicial system.How many different levels of courts are there? How are they structured so that they cover the entire nation? What types of cases are encountered at each level? Which ones do the most work?

Question 68

Describe the process of appealing a case to the Supreme Court up to the point when the Court issues a majority opinion.Explain each step carefully and accurately,identifying important rules that the Supreme Court follows and noting the important actors.

Question 69

Which of the following is a common criticism of strict constructionism?

A) Critics point to the Constitution's silence on many important issues.
B) Critics point to the fact that strict constructionism stifles any meaningful debate about the Constitution.
C) Critics point to the relative lack of information about the Founders' intentions when they wrote the Constitution.
D) Critics point out that strict constructionism is a convenient philosophy espoused by the rich to keep themselves powerful at the expense of the poor.
E) Critics note that most of the Founders were not well educated or respected as intellectuals during the eighteenth century.

Question 70

How involved do you think the Supreme Court should be in protecting minority rights? First compare and contrast judicial activism and judicial restraint.Then,drawing on your knowledge of American government,justify your position.

Question 71

When the Supreme Court refuses to take actions that are outside of the judicial domain,they are avoiding what are known as:

A) political questions
B) moot questions
C) issues of collusion
D) nonjurisdictional questions
E) de novo issues

Question 72

An opinion written by a Supreme Court Justice who disagrees with the outcome of a case is called a:

A) concurring opinion
B) plurality opinion
C) dissenting opinion
D) per curiam opinion
E) voir dire

Question 73

To what extent does the Supreme Court influence the behavior of the other branches of government? To what degree do those branches constrain the behavior of the Supreme Court? Which side do you think is more powerful: The Court or the elected branches of government? Explain your answer.

Question 74

The most direct action the Supreme Court can take to gain compliance with its decisions is to:

A) force Congress to cooperate by striking down as many of its laws as possible
B) issue narrowly written opinions on visible cases
C) appeal to the public for support in getting the rest of the government to cooperate
D) write broad and vague opinions that give other actors a "way out" if they do not want to cooperate for political reasons
E) issue an order directing the president to act or face military arrest

Question 75

Which of the following describes the view that Supreme Court justices must be active in protecting minority rights,even when it creates conflict with the other branches of government?

A) strict constructionism
B) the strategic model
C) judicial activism
D) the attitudinal approach
E) the affirmative action model

Question 76

When Justice Elena Kagan replaced Justice John Paul Stevens:

A) the Court moved significantly to the left; Justice Ruth Bader Ginsburg became the median voter on the Court
B) the Court moved significantly to the right; Justice Samuel Alito became the median voter on the Court
C) there was little ideological change; Justice Anthony Kennedy remained the median voter on the Court
D) there was a significant demographic shift; it was the first time in the Court's history that white men were in the minority on the Court
E) there was change at the top of the Court; Justice Stephen Breyer commanded majority support from the Court's justices and consequently became the new chief justice effective in 2011

Question 77

Any unsigned opinion submitted by the entire Supreme Court is called a:

A) concurring opinion
B) plurality opinion
C) majority opinion
D) per curiam opinion
E) voir dire

Question 78

What is the role of partisanship and politics in nominations to the federal judiciary? Does knowing a judge's partisanship tell us very much about how the judge will behave on the bench? Use appropriate examples from the text to illustrate your answers.Do you think the process is too political? Explain your answer.

Question 79

What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process,what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

Question 80

Although many politicians and citizens are skeptical of judicial activism,these concerns are overstated because:

A) the Court is not powerful enough to significantly influence national policy
B) such criticism depends on the specific actions the Court takes, such that both liberals and conservatives are sometimes happy and sometimes angry about Court action
C) judicial activism has done little to change the country or American society
D) judicial activism has been thoroughly discredited, and there are few if any judicial activists left
E) a new president can always replace federal judges