Deck 12: The Federal Courts: Activism Versus Restraint

Question 1

The Supreme court was originally established with six justices by which one of the following ___.

A) Congress
B) The President
C) The First Lead Justice
D) The Members of the Constitutional Convention

Answer 1

A

Question 2

The review of state laws that appear to conflict with the national Constitution is allowed for by ___.

A) Marbury v. Madison
B) Judiciary Act of 1789
C) The supremacy clause
D) none of the above

Answer 2

C

Question 3

Which of the following are examples of Special Courts?

A) U.S. Tax Court
B) U.S. Court of Military Appeals
C) U.S. Court of Veterans Appeals
D) All of the above

Answer 3

D

Question 4

Besides the civil code, what is another tradition that underlies the American legal framework?

A) Common law
B) Natural law
C) Positive law
D) None of the above

Question 5

What case laid the foundation for judicial review?

A) Marbury v. Madison (1803)
B) McCullock v. Maryland (1819)
C) Magna Carta (1214)
D) Bonham's Case (1610)

Question 6

What differentiates criminal from civil law?

A) Criminal law deals with relations between individuals and organizations whereas civil law prohibits certain actions and prescribes penalties
B) Criminal law prohibits certain actions and prescribes penalties whereas civil law deals with relations between individuals and organizations
C) In practice, there is no difference between criminal and civil law: it is all a matter of degree of application
D) In theory criminal law is law prescribed against criminals and civil law is law written for civilians in a community

Question 7

What is the relationship between stare decisis and precedent?

A) There is no such relationship
B) Precedent is the principle of relying on stare decisis when making judicial decisions
C) Stare decisis is the principle of relying on precedent when making judicial decisions
D) none of the above

Question 8

Which of the following is a necessary condition for a dispute to come before the judiciary for resolution?

A) There must be a complainant who alleges a specific wrong act and a respondent who denies that the act was wrong or that he or she committed the act if it was wrong
B) The controversy must be justiciable
C) The controversy in question must involve someone who has actually been harmed or for whom which harm is clearly imminent
D) All of the above

Question 9

What does ripeness involve relative to cases and the law?

A) It involves evaluations as to the timeliness and necessity of the case
B) It is unrelated to cases and the law
C) It involves the notion that the issue or dispute is appropriate for or subject to judicial resolution
D) none of the above

Question 10

In what sense did the new States formed after independence depart from their inherited common law tradition?

A) They sought to purge the tradition of its democratic aspects
B) They sought to purge the tradition of its monarchic aspects
C) They sought to purge the tradition of its aristocratic aspects
D) Both of the last two options

Question 11

From the Let's Compare section, does most of the world follow a similar legal tradition as the United States?

Question 12

Civil code is defined as ___.

A) Judge-made law that develops over time based around precedent
B) A fully articulated legal system based on clear statutes that lay out legal principles
C) Both of the above
D) The same thing as civil law

Question 13

Criminal law is defined as ___.

A) Prohibitions against certain actions and prescriptions of penalties for violators
B) Law governing the relations between individuals and groups in society
C) Prescriptions of punishments for violations of common law
D) Prescriptions of punishments for violations of civil law

Question 14

What purpose did the Judiciary Act of 1789 serve?

A) It established the Supreme Court
B) It established judicial review
C) It set precedent as the guiding principle for judicial decision making
D) It was the originating act for the federal judiciary

Question 15

What is judicial review and who has the authority to exercise it?

A) The authority, held by the President, to determine the constitutionality of any law or official act
B) The authority, held by the Supreme Court alone, to determine the constitutionality of any law or official act
C) The authority, held by the federal courts, to determine the constitutionality of any law or official act
D) The authority, held by the federal courts, to alter the Constitution by re-interpreting it

Question 16

What does the doctrine of substantive due process hold and when was it ascendant?

A) The regulation of property in most cases was a violation of due process; this doctrine was ascendant in the late nineteenth century
B) The regulation of property in most cases was a violation of due process; this doctrine is ascendant today
C) The regulation of property in most cases was not a violation of due process; this doctrine is ascendant today
D) Substantive due process is the same principle as "separate but equal"; this doctrine was ascendant in the late nineteenth and early twentieth centuries

Question 17

Which judicial decision allowed for state restrictions on abortion but did not actually overturn Roe v. Wade (1973)?

A) No such decision has done that
B) Webster v. Reproductive Health Services (1989)
C) U.S. v. Lopez (1995)
D) U.S. v. Morrison (1995)

Question 18

The lowest level of courts in the federal judicial system are the ___.

A) U.S. Supreme Court
B) U.S. Circuit Courts or Appeals
C) U.S. District Courts
D) None of the above

Question 19

What does it mean that the Supreme Court is the court of last resort?

A) It is the lowest court
B) It is the highest court
C) It is the mid-level court
D) None of the above

Question 20

Appellate jurisdiction is defined as ___.

A) The power of a lower court to hear a case on appeal from a higher court
B) The power of a higher court to hear a case on appeal from a lower court
C) The same thing as original jurisdiction, just applied to courts below the Supreme Court
D) The same thing as original jurisdiction, just applied to courts above the U.S. District Courts

Question 21

After 1988, when the Supreme Court gained nearly complete discretion over the cases it chooses to hear and resolve, what has happened to the number of cases resolved by the Court per year?

A) The number of cases resolved each year has decreased dramatically from about 146 signed opinions in 1985 to 61 cases in 2016.
B) The number of cases resolved has stayed about the same.
C) The number of cases resolved has increased dramatically from about 75 signed opinions in 1985 to around 146 today.
D) The number of cases has increased slightly from about 146 signed opinions in 1985 to around 175 today

Question 22

Which chamber of the Congress is constitutionally charged with confirming federal judicial appointments?

A) Neither
B) Both
C) Senate
D) House

Question 23

Which of the federal courts have appellate jurisdiction exclusively?

A) The U.S. Circuit Courts of Appeals
B) The U.S. Supreme Court
C) Both of the above
D) None of the above

Question 24

The Roberts court is said to have what ideological tendency?

A) Liberal
B) Conservative
C) Libertarian
D) Populist

Question 25

Which court(s) are known for having exercised judicial activism toward the promotion of individual rights and liberties?

A) Burger court exclusively
B) Warren court exclusively
C) Both the Warren and Burger courts
D) Warren, Burger, and Rehnquist courts

Question 26

With what doctrine was the Taney Court associated, and which landmark decision was its most famous?

A) States' rights; Dred Scott v. Sanford (1857)
B) National consolidation; McCulloch v. Maryland (1819)
C) Judicial activism; Brown v. Board of Education (1954)
D) Judicial restraint; Santa Clara County v. Southern Pacific Railroad (1886)

Question 27

The Marshall court was associated with what type of judicial policy making?

A) That which favored an independent role for the federal judiciary and a strong national government
B) That which favored an independent role for the federal judiciary and a states' rights position
C) That which favored a dependent role for the federal judiciary and a strong national government
D) That which favored a dependent role for the federal judiciary and a weak national government

Question 28

What substantive regime are we currently in as far as the history of the American courts is concerned?

A) National consolidation
B) States' rights
C) Laissez-faire
D) Conservative reaction

Question 29

How can the Congress limit judicial activism?

A) Initiate new constitutional amendments
B) Set the budget and structure of the federal courts, including the number of judges
C) Establish the appellate jurisdiction of the courts
D) All of the above

Question 30

From the Pro and Con section, which view suggests that social, economic, and political problems can and should be addressed by the courts?

A) Judicial activism
B) Judicial restraint
C) Judicial liberalism
D) The first and last options above

Question 31

The Supreme Court will issue a writ of certiorari only after _______of the justices vote to do so.

A) Three
B) Four
C) Five
D) Six

Question 32

During his tenure as an associate justice on the Supreme Court, Anthony Kennedy often served as a "swing vote" by voting ___.

A) two-thirds of the time with the four liberal justices, but about one-third of the time with the four conservative justices
B) two-thirds of the time with the four conservative justices, but about one-third of the time with the four liberal justices
C) two-thirds of the time with the five conservative justices, but about one-third of the time with the three liberal justices
D) two-thirds of the time with the five liberal justices, but about one-third of the time with the three conservative justices

Question 33

A study of the demographic characteristics of federal judicial appointments of recent presidents reveals that ___.

A) Republicans tend to appoint a greater percentage of minorities and women than Democrats tend to appoint
B) Democrats tend to appoint a greater percentage of whites than Republicans tend to appoint
C) Republicans tend to appoint a greater percentage of minorities and women than Democrats tend to appoint
D) Democrats tend to appoint a greater percentage of minorities and women than Republicans tend to appoint

Question 34

Which Chief Justice established the Supreme Court as an equal and coordinate branch of the national government?

A) John Marshall
B) Roger B. Taney
C) Earl Warren
D) William Rehnquist

Question 35

Which one of the following statements is not true regarding comparative compensations of lawyers and federal judges?

A) First-year graduates from top law schools earn more than federal judges.
B) Top lawyers in mid-career earn several times more than federal judges.
C) Members of Congress have been reluctant to raise the salaries of federal judges above their own.
D) Congress has constitutional authority to raise the salaries of federal judges.

Question 36

To what extent is the Supreme Court sensitive to the public's perception of its image as a partisan political body?

A) Not at all sensitive, as the public is aware that the law requires a minimum of two justices from each of the parties represented in Congress to be on the court
B) Not at all sensitive, as the public rightly considers the court as another partisan participant in national politics and policies
C) Somewhat sensitive, as the court's legitimacy depends on the public's perception of the court as above partisanship
D) Somewhat sensitive, as the court's partisanship may encourage the public to lose interest in politics and gratefully rely on the court to make policy decisions

Question 37

The use of judicial review by the Supreme Court regarding acts of Congress became more frequent _______the Civil War.

A) before
B) during
C) after
D) None of the above

Question 38

During most of the 2016-17 term, the Supreme Court was short-handed. Consequently, the court generally leaned _______right in business cases.

A) left
B) right
C) kept to the center
D) None of the above

Question 39

In the case of Trinity Lutheran Church v. Comer, the Supreme Court held that ___.

A) states cannot discriminate against same-sex couples who apply for a marriage license
B) the federal government cannot mandate that business healthcare plans include contraceptive coverage
C) states cannot discriminate against church-related schools that apply for school improvement funds
D) the federal government cannot mandate that churches adhere to non-discriminatory hiring practices

Question 40

During his presidency, Donald Trump appointed _______justices to the Supreme Court.

A) two
B) three
C) four
D) five

Question 41

Who was the most recent justice appointed to the Supreme Court by President Trump?

A) Brett Kavanaugh
B) Amy Coney Barrett
C) John Roberts
D) Neil Gorsuch

Question 42

Which of the following recently-decided Supreme Court cases reflect liberal decisions?

A) Burwell v. Hobby Lobby
B) King v. Burwell
C) Obergefeld v. Hodges
D) McCullen v. Coakley

Question 43

Which two of the following recently-decided Supreme Court cases reflect conservative decisions?

A) Burwell v. Hobby Lobby
B) King v. Burwell
C) Obergefeld v. Hodges
D) McCullen v. Coakley

Question 44

The Supreme Court struck down acts of Congress in only two cases before the Civil War. Those cases were _______and ___.

A) Marbury v. Madison (1803)
B) McCullock v. Maryland (1819)
C) Vidal v. Girard's Executors (1844)
D) Dred Scott v. Sandford (1857)

Question 45

During most of the 2016-17 term, the Supreme Court was short-handed. Ironically, the court _______and ___.

A) decided a number of cases on narrow grounds to avoid deep divisions
B) decided 70% more cases than any previous term in its history
C) talked its way to unanimity more frequently than in any term in the last 70 years
D) voted exclusively along partisan lines

Question 46

In 2013, the _______Senate pushed through a change in Senate rules to allow ___.

A) Democratically-controlled
B) approval of most presidential nominees, though not Supreme Court nominees, with 50 votes
C) Republican-controlled
D) approval of most presidential nominees, including Supreme Court nominees, with 50 votes

Question 47

In 2017, the _______Senate pushed through a change in Senate rules to allow ___.

A) Democratically-controlled
B) approval of most presidential nominees, though not Supreme Court nominees, with 50 votes
C) Republican-controlled
D) approval of most presidential nominees, including Supreme Court nominees, with 50 votes

Question 48

Herbert Jacob described law as "authoritative rules made by government."

Question 49

Most Western democracies have adopted a common law tradition.

Question 50

Common law is based on a complete and fully articulated legal system with clear statutes which lay out legal principles.

Question 51

By wielding their power to nominate members of the federal judiciary, Presidents systematically alter the membership of the judiciary.

Question 52

S. Circuit Courts of Appeals were inserted into the federal hierarchy with the Judiciary Act of 1789.

Question 53

Justiciability is a legal term meaning that an issue or dispute is appropriate for or subject to judicial resolution.

Question 54

With the unexpected death of Justice Antonin Scalia in 2016, the Supreme Court was forced to halt all deliberations and decisions on court cases until a new justice has been confirmed by the Senate.

Question 55

Although several federal courts had suspended implementation of President Trump's orders banning Muslims travelling to the United States, the president still had the constitutional authority to order the Department of Homeland Security to continue implementing the travel ban.

Question 56

Describe the key differences between the civil code tradition and the common law tradition. How might the differences influence the outcome of a court case?

Question 57

Trace the path of a court case from State Trials Courts to the U.S. Supreme Court. What significance does the rule of four play in this process?

Question 58

What are the potential merits and problems created by the Missouri System?

Question 59

Evaluate the Roberts' Court in contrast to the activities of its predecessors. What issues should it emphasize, which doctrine for judicial interpretation should it follow, and what rights should it protect?

Question 60

How did the Taney Court's judicial philosophy differ from that of the Marshall Court?

Question 61

Should the federal courts follow a doctrine of judicial restraint or judicial activism?

Question 62

Discuss the political development of the federal judiciary in the twentieth century.

Question 63

How does a case get heard at the Supreme Court?

Question 64

Discuss the nomination and confirmation process for members of the federal judiciary.

Question 65

How, if at all, has the Roberts differed from the Rehnquist Court?

Question 66

What is the structure of the federal judiciary and what type(s) of jurisdiction does each level have?

Question 67

We understand in our political system that individuals have rights. But, do groups of individuals have rights? That is, do group rights exist, too? Specifically, is the term "corporate personhood" a meaningful term? If so, does this mean that corporations have rights the same way that individual persons have rights? And, if corporations have rights, what rights do they have? Private property? Religious liberty? Free speech? Voting? Others?

Question 68

Discuss the potential impact on social and economic issues facing the country given that presidents have the potential to shape or reshape the judiciary far beyond their own term of office.

Question 69

What are the main differences between the civil code tradition and the common law tradition?

Question 70

How did the theory and practice of judicial review arise in the United States?

Question 71

What is the place of the Supreme Court in the judicial system of the United States?

Question 72

How have the climate and tone surrounding the process of nomination and confirmation to judicial posts changed since the mid-1950s?

Question 73

Is judicial activism necessary because some issues are just too difficult for the political branches of the government to confront?