Deck 9: The Judiciary

Question 1

How many presidents have appointed Latino/as to the Supreme Court?

A) 1
B) 2
C) 3
D) 4

Answer 1

A

Question 2

The nomination of judges for the federal judiciary is highly

A) social.
B) straightforward.
C) monetary.
D) political.

Answer 2

D

Question 3

The story of Barbara Lagoa's unsuccessful nomination to the Eleventh Circuit Court of Appeals demonstrates

A) the strength of partisan politics in judicial politics.
B) the importance of the perceived ideology of a judicial nominee.
C) the underrepresentation of racial and ethnic groups in the judicial system.
D) All of the above

Answer 3

D

Question 4

Institutions that interpret the laws of the land are known as

A) political parties.
B) interest groups.
C) media outlets.
D) courts.

Question 5

The rules of conduct that pertain to a given political order in society, rules that are backed by the organized force of the community, are known as

A) rules.
B) laws.
C) policies.
D) instructions.

Question 6

Constitutional law is a type of law pertaining to

A) the rules made by bureaucrats and administrative agencies.
B) the rules for our government expressed in the Constitution.
C) violations of a code of behavior specific in local, state, and federal statutes.
D) rules made by legislatures, especially Congress.

Question 7

Administrative law is a type of law pertaining to

A) the rules made by bureaucrats and administrative agencies.
B) the rules for our government expressed in the Constitution.
C) violations of a code of behavior specific in local, state, and federal statutes.
D) rules made by legislatures, especially Congress.

Question 8

Criminal law is a type of law pertaining to

A) the rules made by bureaucrats and administrative agencies.
B) the rules for our government expressed in the Constitution.
C) violations of a code of behavior specific in local, state, and federal statutes.
D) rules made by legislatures, especially Congress.

Question 9

Statutory law is a type of law pertaining to

A) the rules made by bureaucrats and administrative agencies.
B) the rules for our government expressed in the Constitution.
C) violations of a code of behavior specific in local, state, and federal statutes.
D) rules made by legislatures, especially Congress.

Question 10

If a case is brought before a federal court concerning the separation of powers or civil liberties, it is said to deal with

A) civil law.
B) constitutional law.
C) criminal law.
D) statutory law.

Question 11

If a case is brought before a federal court concerning a law created by a state legislature, it is said to deal with

A) administrative law.
B) constitutional law.
C) criminal law.
D) statutory law.

Question 12

If a case is brought before a federal court concerning regulations made by the Federal Aviation Administration (FAA), it is said to deal with

A) administrative law.
B) constitutional law.
C) criminal law.
D) statutory law.

Question 13

If a case is brought before a federal court concerning an alleged homicide, it is said to deal with

A) civil law.
B) constitutional law.
C) criminal law.
D) statutory law.

Question 14

A type of law that pertains to a dispute between two parties, at least one of which is a nongovernmental private party, is known as

A) civil law.
B) constitutional law.
C) criminal law.
D) statutory law.

Question 15

If a case is brought before a federal court concerning compensation for an individual's negligent actions, it is said to deal with

A) civil law.
B) constitutional law.
C) criminal law.
D) statutory law.

Question 16

Unlike criminal law cases, civil law cases

A) result in prison time or fines.
B) do not result in prison time or fines.
C) are different in name only.
D) always involve the government.

Question 17

Very serious crimes, such as homicide and armed robbery, often receive lengthy sentences and are known as

A) crimes.
B) high crimes.
C) misdemeanors.
D) felonies.

Question 18

Crimes that are not the most serious in the judicial system often receive relatively little jail time and low fines and are known as

A) crimes.
B) high crimes.
C) misdemeanors.
D) felonies.

Question 19

Criminal cases always involve the government as

A) the prosecutor.
B) a player with an unfair advantage.
C) the defendant.
D) the jury.

Question 20

What are the two simultaneously operating tracks of the American judiciary?

A) State courts and federal courts
B) State courts and local courts
C) Local courts and federal courts
D) Federal criminal courts and federal civil courts

Question 21

Where do the majority of court cases take place?

A) Local courts
B) State courts
C) Federal courts
D) The U. S. Supreme Court

Question 22

For the federal judiciary to rule on a case, it must be demonstrated that the case is within federal

A) dominion.
B) spheres of influence.
C) jurisdiction.
D) influence.

Question 23

Federal jurisdiction relates specifically to accusations of breaking

A) state statutes.
B) criminal law only.
C) civil law only.
D) federal statutes.

Question 24

When did Congress fulfill the obligation to create the federal judiciary?

A) 1788
B) 1789
C) 1796
D) 1803

Question 25

Which of the following is not a part of the three-tiered structure of the federal judiciary?

A) U. S. District Courts
B) U. S. Circuit Courts of Appeals
C) U. S. Supreme Court
D) U. S. intermediate appellate courts

Question 26

Which of the following is the primary purpose of U.S. District Courts?

A) To review legal questions that arise from district court trials
B) To serve as federal trial courts that are fact-finding institutions
C) To hear appeals from federal appellate courts and state supreme courts
D) None of the above

Question 27

Which of the following is the primary purpose of U.S. Circuit Courts of Appeals?

A) that arise from district court trials
B) To serve as federal trial courts that are fact-finding institutions
C) To hear appeals from federal appellate courts and state supreme courts
D) None of the above

Question 28

Which of the following is the primary purpose of the U.S. Supreme Court?

A) To review legal questions that arise from district court trials
B) To serve as federal trial courts that are fact-finding institutions
C) To hear appeals from federal appellate courts and state supreme courts
D) None of the above

Question 29

A defined set of cases that avoids a lower court and goes directly to the Supreme Court is said to have

A) first jurisdiction.
B) last jurisdiction.
C) original jurisdiction.
D) appellate jurisdiction.

Question 30

The types of cases in which the Supreme Court reviews legal issues decided by a lower court are said to have

A) first jurisdiction.
B) last jurisdiction.
C) original jurisdiction.
D) appellate jurisdiction.

Question 31

The U.S. Supreme Court largely hears cases in which it has

A) first jurisdiction.
B) last jurisdiction.
C) original jurisdiction.
D) appellate jurisdiction.

Question 32

Most U.S. Circuit Courts of Appeals decisions are made by

A) one judge.
B) a three-judge panel.
C) a five-judge panel.
D) a jury.

Question 33

There are _______ federal circuits that are based on geographic location.

A) 5
B) 11
C) 15
D) 21

Question 34

During the 2019 fiscal year, how many district courts were there?

A) 12
B) 50
C) 72
D) 94

Question 35

_______ is responsible for establishing the geographic districts for the federal judiciary.

A) Congress
B) The U. S. Supreme Court
C) The federal judiciary
D) The president

Question 36

In federal district court cases, _______ determines whether there has been guilt or negligence.

A) a jury
B) a three-judge panel
C) a five-judge panel
D) one judge

Question 37

Who determines the constitutionality of government actions in the federal district court system?

A) One judge
B) A three-judge panel
C) A five-judge panel
D) A jury

Question 38

What is the total number of circuits in the U.S. Circuit Courts of Appeals?

A) 3
B) 11
C) 13
D) 21

Question 39

Which federal courts were responsible for applying the second Brown v. Board of Education (1955) ruling to specific geographic areas?

A) U. S. District Courts
B) U. S. Circuit Courts of Appeals
C) U. S. Supreme Court.
D) U. S. intermediate appellate courts

Question 40

Judicial review is known as

A) the power of a court to overturn a law or official government action because it is deemed unconstitutional.
B) a conception of judicial review that holds that courts should not overturn laws or government actions unless there is a clear directive in the Constitution.
C) a conception of judicial review that believes courts should overturn laws or government actions even if there is no clear constitutional directive.
D) the power of a court to create new legislation once it determines that a law is unconstitutional.

Question 41

Judicial restraint is

A) the power of a court to overturn a law or official government action because it is deemed unconstitutional.
B) a conception of judicial review that holds that courts should not overturn laws or government actions unless there is a clear directive in the Constitution.
C) a conception of judicial review that believes courts should overturn laws or government actions even if there is no clear constitutional directive.
D) the power of a court to create new legislation once it determines that a law is unconstitutional.

Question 42

Judicial activism is

A) the power of a court to overturn a law or official government action because it is deemed unconstitutional.
B) a conception of judicial review that holds that courts should not overturn laws or government actions unless there is a clear directive in the Constitution.
C) a conception of judicial review that believes courts should overturn laws or government actions even if there is no clear constitutional directive.
D) the power of a court to create new legislation once it determines that a law is unconstitutional.

Question 43

Which Supreme Court decision established the concept of judicial review?

A) Marbury v. Madison (1803)
B) McCulloch v. Maryland (1819)
C) Gibbons v. Ogden (1824)
D) None of the above

Question 44

The Framers designed the judicial branch to be

A) dependent on the opinions of the public majority.
B) independent of the opinions of the public majority.
C) unable to make decisions without the consent of the legislative and executive branches.
D) stronger than the legislative and executive branches.

Question 45

Can federal judges be removed from office because of unpopular decisions?

A) Yes, as written in the Constitution.
B) Yes, given that the public can vote them out of office.
C) No, impeachment is largely reserved for ethical violations.
D) No, federal judges can never be removed from office.

Question 46

If a judge demonstrates a desire to defer to the decisions of elected branches of government, he or she is providing an example of judicial

A) examination.
B) restraint.
C) activism.
D) decision making.

Question 47

If a judge demonstrates a desire to vigorously check the power of the other branches, even when there is not a great deal of constitutional basis for this, he or she is providing an example of judicial

A) examination.
B) restraint.
C) activism.
D) decision making.

Question 48

A belief that the Constitution should be interpreted only according to the intent of its authors (and the intent of the state legislatures that ratified the amendments) is known as

A) living constitution.
B) original intent.
C) constitutional intent.
D) original constitution.

Question 49

A belief that the Constitution should be interpreted to reflect contemporary times is known as

A) living constitution.
B) original intent.
C) constitutional intent.
D) original constitution.

Question 50

Which branch of government was most responsive to the civil rights demands of racial and ethnic minorities in the mid-1900s?

A) Legislative branch
B) Executive branch
C) Judicial branch
D) All of the above

Question 51

Why is the judicial branch in a particularly well-suited position to advance civil rights?

A) It is not beholden to the discriminatory whims of public opinion.
B) It must take into account the public's calls for greater civil rights for many groups.
C) Both of the above
D) Neither of the above

Question 52

In the Brown v. Board of Education (1954) case, the Supreme Court used judicial review to make racial discrimination a national issue, thus

A) making states' rights to racial discrimination unconstitutional.
B) allowing states to work with the national government to determine rules on racial discrimination.
C) Both of the above
D) Neither of the above

Question 53

The extension of civil rights to Blacks through Supreme Court rulings demonstrates the use of

A) a living constitution.
B) original intent.
C) judicial restraint.
D) None of the above

Question 54

How was the Fourteenth Amendment reinterpreted in the Brown v. Board of Education (1954) decision?

A) Equal protection, although not explicitly stated, was inferred from the amendment.
B) Equal protection prohibits racial discrimination.
C) It was not reinterpreted, but instead, adequately applied.
D) Equal protection prohibits discrimination against sexual orientation.

Question 55

Which of the following is a limitation on judicial authority?

A) Inability to enforce judicial rulings
B) Constitutional amendments against judicial rulings
C) Congressional clarification of laws in response to judicial rulings
D) All of the above

Question 56

The requirement that there must be an actual case or controversy between two parties for the federal judiciary to decide a case is known as

A) justiciable.
B) mootness.
C) precedent.
D) standing.

Question 57

An aspect of justiciability that requires that the conflict causing the case must still be germane and could not have been resolved on its own is known as

A) justiciable.
B) mootness.
C) precedent.
D) standing.

Question 58

An aspect of justiciability that requires the party bringing the case to show that the policy in question has caused it an injury is known as

A) justiciable.
B) mootness.
C) precedent.
D) standing.

Question 59

A principle articulated in a previous case that judges use to decide current cases is known as

A) justiciable.
B) mootness.
C) precedent.
D) standing.

Question 60

Which of the following acts as a check on judicial power?

A) Justiciable
B) Mootness
C) Precedent
D) Standing

Question 61

Personnel changes on the Supreme Court can lead to

A) the overturning of precedents.
B) a decrease in the number of justices on the Court.
C) the creation of new policy.
D) All of the above

Question 62

Who was the first African American Supreme Court justice?

A) Clarence Thomas
B) Charles Rangel
C) Thurgood Marshall
D) Sonia Sotomayor

Question 63

Who was the first Latina Supreme Court justice?

A) Elena Kagan
B) Ruth Bader Ginsburg
C) Sandra Day O'Connor
D) Sonia Sotomayor

Question 64

When do the elected branches of government have influence over the composition of the federal judiciary?

A) During the selection process
B) During the judicial decision-making process
C) Both of the above
D) Neither of the above

Question 65

The practice whereby a president consults with senators in his party to find potential lower court vacancies that occur in the senators' states is known as

A) presidential courtesy.
B) senatorial courtesy.
C) judicial courtesy.
D) None of the above

Question 66

One of the primary concerns a president has concerning potential judicial appointees is their

A) qualifications.
B) educational background.
C) ideology.
D) economic background.

Question 67

In terms of the laws set by Congress, how many justices are allowed to serve on the Supreme Court at any given time?

A) 3
B) 6
C) 9
D) 12

Question 68

The Senate Judiciary Committee

A) investigates the results of every federal court ruling.
B) conducts hearings for judicial nominees and issues recommendations.
C) Both of the above
D) Neither of the above

Question 69

The Senate may reject a judicial nominee if he or she is seen as

A) having major character flaws.
B) extremely ideological.
C) unqualified.
D) All of the above

Question 70

A formal legal document filed by the losing party in a lower court case that asks the Supreme Court to hear an appeal is called a(n)

A) writ of mandate.
B) writ of certiorari.
C) amicus curiae.
D) None of the above

Question 71

Briefs filed by parties that have an interest in the outcome of a case but are not directly involved in it are called

A) writs of mandate.
B) writs of certiorari.
C) amicus curiae.
D) None of the above

Question 72

The opinion reflecting the winning outcome of a Supreme Court case that is signed by at least a plurality of the justices is called a

A) concurring opinion.
B) dissenting opinion.
C) majority opinion.
D) None of the above

Question 73

An opinion that agrees with the outcome of a Supreme Court case but for reasons different from those expressed in the majority opinion is called a

A) concurring opinion.
B) dissenting opinion.
C) majority opinion.
D) None of the above

Question 74

An opinion that disagrees with the winning side of a Supreme Court case and explains why is called a

A) concurring opinion.
B) dissenting opinion.
C) majority opinion.
D) None of the above

Question 75

A high-ranking lawyer in the Justice Department who argues cases before the Supreme Court on behalf of the U.S. government is called the

A) attorney general.
B) solicitor general.
C) federal prosecutor.
D) prosecutor general.

Question 76

Which of the following is accurate concerning law clerks?

A) Most are White.
B) Most are male.
C) Most have elite law degrees.
D) All of the above

Question 77

Justice Clarence Thomas's dissenting opinion in the Virginia v. Black Supreme Court case concerning cross-burning argued that cross-burning is

A) free expression that should be covered under the protection of the First Amendment.
B) not free speech or expression, but rather relates to a call to intimidation and violence against groups the KKK does not like.
C) constitutional.
D) None of the above

Question 78

Justice Thurgood Marshall's dissenting opinion in the Regents of the University of California v. Bakke case concerning racial quotas in admissions argued that racial quotas were

A) necessary for helping to remedy the effects of the legacy of discrimination.
B) constitutional because they were protected by the Fourteenth Amendment.
C) unconstitutional because the University of California is a public institution.
D) None of the above

Question 79

The practice of interest groups arguing cases before the judiciary as a means of influencing public policy is known as

A) judicial demands.
B) racial litigation.
C) interest group litigation.
D) political party litigation.

Question 80

Which of the following have a special position from which they can influence judicial decision making?

A) Law clerks
B) Solicitor general
C) Both of the above
D) Neither of the above