Deck 12: The Courts

Question 1

In the appeals court

A)witnesses and testimony are presented to the jury.
B)grand juries decide if there is enough evidence to have a trial.
C)attorneys from both sides try to work out an agreement.
D)judges review lower court case records to determine if there is evidence of an error.
E)All of these choices is true.

Answer 1

D

Question 2

Common law is a set of __________ that originates in __________.

A)judge-made laws; Germany
B)judge-made laws; England
C)Parliamentary laws; France
D)Congressional laws; the Articles of Confederation period
E)state laws; Pennsylvania

Answer 2

B

Question 3

__________ observed in the 1800s that "scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question."

A)Alexis de Tocqueville
B)Thomas Jefferson
C)Benjamin Franklin
D)John Locke
E)James Madison

Answer 3

A

Question 4

When the United States Supreme Court decides an issue

A)all other courts are obligated to abide by the decision.
B)all other courts consider the Supreme Court's opinion in their own decision making.
C)each court can determine for itself whether the Supreme Court's decision applies to cases in its jurisdiction.
D)Congress is required to pass laws that support that decision.
E)it is written into the Constitution as an Amendment, if it raised a constitutional question.

Question 5

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

A)precedent.
B)judicial review.
C)strict construction.
D)broad construction.
E)judicial activism.

Question 6

Most lawsuits and criminal cases

A)are heard in federal courts.
B)are heard in state courts.
C)eventually are heard by the United States Supreme Court.
D)raise new Constitutional questions.
E)are of a class-action nature.

Question 7

Federal courts have jurisdiction when a case involves

A)a dispute between a state and a citizen of that state.
B)a federal question or diversity of citizenship.
C)a state constitution.
D)a conflict between state and local law.
E)precedent.

Question 8

Jurisdiction refers to

A)rules and principles announced in court decisions.
B)the authority of a court to hear and decide a particular class of cases.
C)the constitutionality of a law.
D)statutory law.
E)common law.

Question 9

U.S. district courts

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

Question 10

A party that has litigated a case can be said to have

A)filed an amicus curiae brief.
B)brought the case to trial.
C)no standing to sue.
D)supported certain nominees to the federal court system.
E)raised a federal question.

Question 11

Judicial interpretations of common law principles and doctrines, constitutional law, statutory law, and administrative law is

A)called case law.
B)called judicial review.
C)a power of federal but not state courts.
D)a power of state but not federal courts.
E)not permitted of any court in the United States.

Question 12

The U.S. Constitution

A)is the supreme law of the land.
B)is subordinate to state constitutions in many matters.
C)does not specify the details of state and federal powers, instead leaving that up to Congress.
D)outlines the details of various state criminal codes.
E)outlines the details of court case law.

Question 13

In many cases, a third party to a court case will file a(n) __________, which supports a particular outcome.

A)amicus curiae brief
B)precedent
C)question of standing
D)litigation brief
E)procedural opposition

Question 14

The United States has a dual court system, meaning there are

A)civil and criminal courts.
B)misdemeanor and felony courts.
C)state and federal courts.
D)state and local courts.
E)district and territorial courts.

Question 15

State constitutions

A)are exact copies of the United States Constitution, but applied to one state at a time.
B)are combined to form the common laws of the United States.
C)are supreme within their own borders, trumping the United States Constitution.
D)are supreme within their own borders, as long as they do not conflict with United States Constitution.
E)are invalid, due to the supremacy clause.

Question 16

The doctrine of stare decisis

A)means to reverse the decision of a lower court.
B)says that the court does not have jurisdiction in a case.
C)allows the court to refer a case to the next highest court.
D)is the policy of following precedent established by past decisions to decide cases.
E)means strict interpretation.

Question 17

Standing to sue is

A)determined by whether or not a court has jurisdiction over the matter.
B)determined by whether or not the Supreme Court will hear a case.
C)determined by whether or not a person or group has suffered harm as a result of the action that led to the dispute in question.
D)the decorum that is expected in dealing with the Supreme Court during trial.
E)also known as stare decisis.

Question 18

Judicial interpretations of __________ provides the basis for __________.

A)Constitutional principles; statutory law
B)Constitutional principles; common law
C)Constitutional principles; case law
D)common law principles; statutory law
E)common law principles; case law

Question 19

Most American law is based on

A)French philosophy regarding the rights of man.
B)the Bible.
C)the English common law tradition.
D)Roman law.
E)the writings of Thomas Jefferson.

Question 20

A question that has to do with the U.S. Constitution, acts of Congress, or treaties is known as a __________ question.

A)justiciable
B)political
C)federal
D)national
E)legal

Question 21

The U.S. Supreme Court can review a state supreme court decision

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

Question 22

The Supreme Court will often hear a case if asked to by

A)an interest group.
B)a federal prosecutor.
C)a defendant.
D)Congress.
E)the solicitor general.

Question 23

If a case is remanded, it

A)is sent to the supreme court of the state in question.
B)is sent back to the court that originally heard the case.
C)can only be of a civil nature-criminal cases cannot be remanded.
D)must be decided within the calendar year.
E)is not subject to any further action by the courts.

Question 24

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

A)a majority opinion.
B)a dissenting opinion.
C)a concurring opinion.
D)a plurality opinion.
E)a unanimous opinion.

Question 25

Federal judges are

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

Question 26

If a case is affirmed, it

A)means all justices unanimously agree on an opinion.
B)is sent back to the court that heard the case.
C)means the decision is valid and must stand.
D)will result in a new trial for the defendant.
E)is accepted as a case that the Supreme Court will hear.

Question 27

The most common way for the Supreme Court to take care of cases appealed to it is to

A)decide on the case but not give an opinion.
B)refuse to hear a case.
C)grant a mistrial.
D)hear the case.
E)return it to the state court.

Question 28

The Anti-Terrorism and Effective Death Penalty Act that created an alien removal court was passed

A)in 1996 as a response to the bombing of a federal building in Oklahoma City.
B)in 2001 as a response to the 9/11 attacks in New York, Washington, DC, and Pennsylvania.
C)in 2010 as a solution to dealing with prisoners at the Guantanamo Bay detention center.
D)in 2000 as a response to the attack of the naval ship, the USS Cole.
E)in 1993 as a response to the first attack on the World Trade Center in New York.

Question 29

The number of justices on the Supreme Court

A)is set by the Constitution.
B)is set by the president.
C)used to be six, but is currently nine.
D)used to be fifteen, but is currently nine.
E)is set by the Constitution, and used to be six, but is currently nine.

Question 30

The FISA court can

A)issue warrants without revealing the information used to justify the warrant.
B)deprive American citizens of their citizenship.
C)rule laws enacted by Congress to be unconstitutional.
D)strike certain provisions from the Constitution.
E)direct the president to take certain actions in order to protect national security.

Question 31

The number of cases that the Supreme Court reviews each term has

A)increased dramatically since the early 1950s.
B)hovered around 150 cases since the mid-1980s.
C)remained constant since the Civil War.
D)dropped significantly since the 1980s.
E)increased 50 percent after George W.Bush became president.

Question 32

The last step in the decision-making process of the Supreme Court is

A)announcing its decision to the public and the reasons for it.
B)assigning a justice to write an opinion.
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 33

In all but unanimous cases, one of the justices who supported the winning side of a case will write

A)a supreme opinion.
B)a dominant opinion.
C)a majority opinion.
D)a concurring opinion.
E)a dissenting opinion.

Question 34

The Supreme Court can serve as a trial court of original jurisdiction in cases

A)in which a state is a party.
B)affecting foreign diplomats.
C)involving a civil liberties complaint.
D)in which a state is a party and in cases affecting foreign diplomats.
E)in which a state is a party and in cases involving a civil liberties complaint.

Question 35

A dissenting opinion can be important because it

A)represents the position of the chief justice of the Supreme Court.
B)is the statement of the defendant's attorney to the Court.
C)must be carried out by local police in criminal law.
D)often forms the basis of the arguments used later to reverse the previous decision and establish a new precedent.
E)means that the case cannot be used as a precedent.

Question 36

A procedure used by the Supreme Court in determining which cases it will hear is

A)the rule of four.
B)the gang of four.
C)the sign of four.
D)the rule of six.
E)the sign of five.

Question 37

Judges and justices in the federal court system are

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

Question 38

The right to appeal one's case to the U.S. Supreme Court

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

Question 39

A writ of certiorari by the Supreme Court orders

A)both parties in a case to reach agreement without further litigation.
B)state courts to abide by the decisions of the Supreme Court.
C)a lower court to send up the record of a case for review.
D)Congress to rewrite unconstitutional legislation.
E)a prisoner to be brought before the court and the reasons for the detention to be provided.

Question 40

Unlike federal judges, states judges are

A)unable to be reappointed to higher courts.
B)appointed by Congress.
C)mostly racial minorities.
D)mostly women.
E)often chosen through elections.

Question 41

The chief executive officer of the bureaucracy of the federal judiciary is

A)the Chief Justice of the Supreme Court.
B)the President.
C)the Vice President.
D)the Speaker of the House.
E)the solicitor general.

Question 42

Judicial activism means

A)the Supreme Court should accept as many cases for decision as it can.
B)the Supreme Court should actively check the other branches of government when they exceed their authority.
C)the Supreme Court should have the power of judicial review.
D)the courts should defer to decisions made by the elected representatives of the people whenever possible.
E)the members of the Supreme Court should deliver as many public speeches as possible, in an effort to engage and inform the American people.

Question 43

​The notion of a "living Constitution" is often associated with

A)​judicial restraint.
B)​judicial activism.
C)​broad construction.
D)​strict construction.
E)​judicial restraint and strict construction.

Question 44

President Obama has had

A)ease in getting his judicial candidates approved by the Senate.
B)difficulty in getting his judicial candidates approved by the Senate.
C)ease in getting his judicial candidates approved by the House of Representatives.
D)difficulty in getting his judicial candidates approved by the House of Representatives.
E)difficulty finding qualified candidates for judicial appointments.

Question 45

Public opinion can serve as a check on the judiciary because

A)people have the ability to vote federal judges out of office if they do not approve of the rulings of the courts.
B)the public may pressure elected officials not to enforce an unpopular ruling.
C)the Supreme Court typically polls the public as a basis for their decisions.
D)the president will veto a Supreme Court decision if it is politically unpopular.
E)Congress will override a decision of the Supreme Court with a majority vote in both houses.

Question 46

The Warren Court, through its use of ________ propelled the civil rights movement forward.

A)judicial activism
B)​judicial restraint
C)stare decisis
D)judicial courtesy
E)the appeals process

Question 47

The Ledbetter Fair Pay Act of 2009

A)specifies penalties to employers for discrimination based on gender.
B)resets the statute of limitations for filing an equal-pay lawsuit each time an employer issues a discriminatory paycheck.
C)reaffirms the decision in the Supreme Court case, Ledbetter v.Goodyear.
D)defines fair pay standards for different job classifications.
E)was passed in response to employers dismissing female employees when becoming pregnant.

Question 48

If a Federal Circuit Court declares a law unconstitutional, the ruling applies

A)​only to that specific case.
B)only within that court's jurisdiction.
C)only at the federal level.
D)​only at the state level.
E)​to all applications of the law in the entire country.

Question 49

In the case __________, the Supreme Court first exercised the power of __________.

A)Griswold v.Connecticut; broad construction
B)Grutter v.Bollinger; judicial activism
C)Brown v.Board of Education; judicial review
D)Marbury v.Madison; judicial review
E)Lawrence v.Texas; strict construction

Question 50

All of the following are true about presidential appointments to the Supreme Court EXCEPT

A)presidents usually appoint people who belong to the president's political party.
B)presidents see their appointments as a way to institutionalize their political views long after they have left office.
C)Republican presidents have usually appointed liberal justices.
D)President Bush appointed two justices to the Supreme Court.
E)President Clinton appointed many judges to the district and appeals courts.

Question 51

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

A)judicial activism.
B)judicial restraint.
C)strict construction.
D)broad construction.
E)conservative activism.

Question 52

Appointments to the federal courts of appeal are

A)far less numerous than federal district court appointments.
B)usually selected because of their important position in state government.
C)less important than federal district court appointments.
D)often "stepping-stones" to the Supreme Court.
E)far less numerous than federal district court appointments, and are often "stepping-stones" to the Supreme Court.

Question 53

Though not always true, conservatism has often been associated with __________, while liberalism has been associated with __________.

A)broad construction; judicial review
B)judicial activism; judicial restraint
C)broad construction; strict construction
D)strict construction; broad construction
E)judicial review; strict construction

Question 54

President Obama appointed

A)Justices Sotomayor and Kagan, to replace Justices Souter and Stevens.
B)the first Hispanic member of the Supreme Court.
C)the first African American member of the Supreme Court.
D)Justices Sotomayor and Kagan, to replace Justices Souter and Stevens, and the first Hispanic member of the Supreme Court.
E)Justices Sotomayor and Kagan, to replace Justices Souter and Stevens, and the first African American member of the Supreme Court.

Question 55

Refusal to fund a decision or passing a new Constitutional Amendment are examples of

A)executive checks on the courts.
B)legislative checks on the courts.
C)popular checks on the courts.
D)federal checks on the courts.
E)state checks on the courts.

Question 56

The power of the courts to determine the constitutionality of a law or action is called

A)judicial review.
B)appellate review of fact.
C)precedent.
D)the writ of judicial appeal.
E)habeas corpus.

Question 57

The Supreme Court's power to enforce its own decisions

A)is non-existent.
B)is significantly stronger than that of lower federal courts.
C)makes it among the strongest courts in the world.
D)is called justiciable authority.
E)is derived from the 12th Amendment to the Constitution.

Question 58

The Roberts Court has been widely characterized as

A)a liberal court.
B)taking a broad constructionist view.
C)neither liberal or conservative.
D)philosphically in line with the Republican Party.
E)a conservative court.

Question 59

The concept of senatorial courtesy refers to the

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

Question 60

The Supreme Court cases, Citizens United v. Federal Election Commission and McDonald v. Chicago, were victories for the

A)political left.
B)political right.
C)gun control advocates.
D)government reform advocates.
E)political left and gun control advocates.

Question 61

Explain the power of judicial review and relate it to the ideas of strict and broad construction.

Question 62

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

Question 63

Explain the principle of stare decisis and discuss how it relates to the wide variety of courts in the United States.​

Question 64

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

Question 65

Discuss the role of interest groups in the U.S. court system and describe how they can affect politics through the courts.​

Question 66

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

Question 67

Describe the sources of American law.

Question 68

Should federal judges serve for lifetime or be term-limited? Thoroughly explain your answer.

Question 69

​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 70

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