Deck 15: The Federal Courts

Question 1

________ protects federal judges from political pressure by granting them life tenure.

A) The Judiciary Act of 1789
B) Article III of the U.S. Constitution
C) The First Amendment
D) The Judicial Tenure Act of 1891

Answer 1

B

Question 2

The government is always the plaintiff in ________ law.

A) public
B) criminal
C) common
D) tort

Answer 2

B

Question 3

What did the framers call the "least dangerous branch"?

A) Congress
B) the Supreme Court
C) the president
D) the bureaucracy

Answer 3

B

Question 4

About ________ percent of all cases in the United States are heard in state courts.

A) 33
B) 50
C) 68
D) 97

Question 5

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.

A) stare decisis
B) habeas corpus
C) ex post facto
D) a priori

Question 6

If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied ________.

A) a writ of habeas corpus
B) his Miranda rights
C) judicial review
D) the due process of law

Question 7

Medical malpractice suits are good examples of ________ cases.

A) tort
B) amicus curiae
C) habeas corpus
D) stare decisis

Question 8

If a defendant is found not guilty in a criminal case, the government is

A) not entitled to appeal the verdict.
B) entitled to appeal the verdict only if it files a writ of habeas corpus.
C) entitled to appeal the verdict only if it files an amicus curiae brief.
D) entitled to appeal the verdict only if the case raises an important constitutional question.

Question 9

The first court to hear a case is called a(n) ________ court.

A) supreme
B) trial
C) advisory
D) appellate

Question 10

________ and ________ are the two most common types of civil law cases.

A) Contracts; habeas corpus
B) Contracts; torts
C) Stare decisis; habeas corpus
D) Torts; habeas corpus

Question 11

Prior cases whose principles are used by judges to decide current cases are called ________.

A) public law
B) en banc decisions
C) precedents
D) ex post facto cases

Question 12

Cases in which the U.S. government is a party are

A) always heard in a state court.
B) heard in a state court only if a state government is the other party.
C) heard in a state court if the other party files a special request to have the case heard in a state court.
D) always heard in a federal court.

Question 13

The essence of the rule of law is

A) having a supreme court.
B) having a government composed of a legislative, judicial, and executive branch.
C) ensuring that "the state" and its officials are judged by a different set of laws than the citizenry.
D) ensuring that "the state" and its officials are judged by the same laws as the citizenry.

Question 14

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

A) must always be heard in federal district court.
B) must always be heard in a state court.
C) must always be heard in the U.S. Supreme Court.
D) may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.

Question 15

The Administrative Procedure Act is important in civil law because it

A) governs agency rule making.
B) defines the jurisdiction of the various state court systems.
C) sets the procedures for filing appellate cases in the federal court system.
D) sets the procedures for filing appellate cases in the various state court systems.

Question 16

In a typical tort case,

A) the defendant is not allowed to appeal the verdict if he or she loses.
B) the plaintiff is not allowed to appeal the verdict if he or she loses.
C) the government immediately appeals the verdict if it loses.
D) one individual charges that he has been injured by another's negligence or malfeasance.

Question 17

When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.

A) criminal
B) civil
C) constitutional
D) common

Question 18

A writ of habeas corpus declares that

A) the government must show a legal cause for holding someone in detention.
B) the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
C) a defendant in a felony trial must receive assistance from legal counsel.
D) capital punishment can be neither cruel nor unusual.

Question 19

In ________ cases, the losers cannot be fined or incarcerated by the state.

A) appellate
B) criminal law
C) civil law
D) common law

Question 20

________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.

A) A misdemeanor
B) A plea bargain
C) A writ of certiorari
D) Mediation

Question 21

The chief justice of the Supreme Court

A) decides what cases will be heard by the full Court each term.
B) always writes the Court's majority opinions.
C) presides over the Court's public sessions and private conferences.
D) is also the constitutional adviser to the president.

Question 22

The U.S. Court of Federal Claims was created by Congress to rule on

A) damage suits brought against the U.S. government.
B) cases brought by one state against citizens of another state or against a foreign country.
C) cases between the U.S. government and one of the 50 states.
D) cases involving foreign ambassadors or other ministers.

Question 23

The size of the U.S. Supreme Court is set by ________.

A) the president
B) Congress
C) the American Bar Association
D) state legislatures

Question 24

There are ________ U.S. district courts.

A) 50
B) 94
C) 200
D) 434

Question 25

How many justices currently serve on the Supreme Court?

A) 7
B) 9
C) 11
D) 15

Question 26

The "court-packing" plan was the

A) decision in the early nineteenth century that all federal courts should be guarded by members of the armed forces.
B) attempt by the Republican-dominated Senate of the 1990s to confirm as many conservative judges as possible.
C) attempt by President Franklin Delano Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional.
D) desire in Congress during the 1890s to expand the number of federal courts to ease the workload of the Supreme Court.

Question 27

The U.S. Supreme Court has been composed of

A) nine justices throughout American history.
B) nine justices since 1869.
C) nine justices since 1937.
D) seven justices throughout American history.

Question 28

About ________ percent of all lower court cases are reviewed by federal appeals courts.

A) 1
B) 10
C) 20
D) 48

Question 29

Which of the following statements about federal courts is most accurate?

A) Federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States, and their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
B) Although federal courts hear the vast majority of all civil and criminal cases decided each year in the United States, their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
C) Federal courts hear the vast majority of all civil and criminal cases decided each year in the United States, and their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.
D) Although the federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States, their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.

Question 30

Judges of courts created under Congress's Article I power are appointed by the president for ________.

A) life
B) 6 years
C) 15 years
D) 30 years

Question 31

In recent years, federal court appointments have

A) been characterized by strict neutrality on the part of Congress.
B) attracted very little attention from the media and special interest groups.
C) been characterized by intense partisan and ideological efforts to support or defeat the candidate.
D) been unaffected by ideological concerns.

Question 32

There are ________ circuits in the U.S. Court of Appeals.

A) 4
B) 8
C) 12
D) 20

Question 33

Unlike judges of Article III courts, the judges of courts created under Congress's Article I power

A) are appointed to serve lifetime terms.
B) are not protected from salary reduction.
C) are not appointed by the president.
D) must be confirmed by the Senate.

Question 34

Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.

A) 1,000; 500
B) 200; 10
C) 9,000; 80
D) 12,000; 300

Question 35

Which of the following statements best describes the formal requirements of serving as a federal court judge?

A) Federal court judges must be members of the American Bar Association.
B) Federal court judges must have a degree from an accredited law school.
C) Federal court judges must be at least 35 years of age.
D) There are no formal requirements to serve as a federal court judge.

Question 36

Which of the following statements best describes the composition of the federal judiciary?

A) There are an equal number of men and women, and far fewer Latino Americans than African Americans.
B) There are far fewer women than men, and far fewer African Americans than Latino Americans.
C) There are far fewer women than men, and fewer Latino Americans than African Americans.
D) There are far fewer men than women, and far fewer Latino Americans than African Americans.

Question 37

As of 2016, ________ justices, excluding the seat left vacant by the late Justice Antonin Scalia, were appointed by ________ presidents.

A) six of the eight; Democratic
B) six of the eight; Republican
C) all of the; Democratic
D) four of the eight; Republican

Question 38

Which Supreme Court nominee was accused of sexual harassment during his confirmation hearing?

A) Samuel Alito
B) Antonin Scalia
C) Clarence Thomas
D) Anthony Kennedy

Question 39

Trial courts in the federal judicial system are called ________.

A) grand juries
B) district courts
C) appellate courts
D) civil courts

Question 40

Senatorial courtesy describes the practice of

A) senators from a president's party approving of a judicial nominee from their home state.
B) including home-state senators in the formal vetting of district and circuit court judges.
C) allowing any senator to place a hold on the consideration of a judicial nominee.
D) permitting senators to officially swear in home-state district court judges.

Question 41

The Supreme Court's decision in Chamber of Commerce of the United States v. Environmental Protection Agency (2014) was significant because it

A) determined that organized business groups did not have standing to file suits against the Environmental Protection Agency.
B) outlawed congressional oversight hearings and investigations of independent executive branch agencies.
C) clearly stated that federal courts would not hear cases involving the implementation of decisions made by executive branch agencies.
D) affirmed the idea that courts will give considerable deference to administrative agencies in the rule-making process.

Question 42

Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

A) stare decisis
B) writs of certiorari
C) clemency
D) judicial review

Question 43

Most cases reach the Supreme Court through ________.

A) a writ of appeal
B) a writ of certiorari
C) a writ of amicus curiae
D) state courts

Question 44

Many Republicans opposed President Obama's nomination of Sonia Sotomayor to the Supreme Court because she

A) supported affirmative action.
B) supported overturning Brown v. Board of Education.
C) was the first Latino American nominee to the Supreme Court.
D) had never served as a judge in any capacity prior to nomination.

Question 45

The Supreme Court has ruled that

A) the president can make a recess appointment at any time the Senate is not in session.
B) recess appointments are a violation of the Constitution and the president never has the authority to make one.
C) a Senate recess of less than 30 days is too short to justify a recess appointment by the president.
D) a Senate recess of less than 10 days is too short to justify a recess appointment by the president.

Question 46

What did the Supreme Court rule in Hamdi v. Rumsfeld (2004)?

A) The actions of a president are not subject to judicial review.
B) The president does not have the authority to declare individuals to be "enemy combatants."
C) Hamdi was entitled to a lawyer and an opportunity to rebut the government's charges against him.
D) During a time of war, the president's power as commander in chief is unlimited.

Question 47

Baker v. Carr (1962) involved ________.

A) desegregation of schools
B) apportionment of legislative seats
C) unwarranted searches and seizures
D) the separation of church and state

Question 48

In all of American history, the Supreme Court has concluded that fewer than ________ acts of Congress have directly violated the Constitution.

A) 18
B) 50
C) 100
D) 160

Question 49

The issue of employer liability for employee injuries sustained at work illustrates that

A) there are certain areas of law that courts are not allowed to adjudicate.
B) civil laws can only be passed through state legislatures and cannot be constructed through judicial decisions.
C) many areas of civil law have been constructed by judicial messages to other lawyers rather than by laws passed by legislatures.
D) individuals need not have standing to sue in federal court.

Question 50

The Supreme Court struck down parts of the Military Commissions Act and declared habeas corpus to be a fundamental right in the case of ________.

A) Boumediene v. Bush
B) Gideon v. Wainwright
C) Miranda v. Arizona
D) Korematsu v. United States

Question 51

Marbury v. Madison was decided in ________.

A) 1789
B) 1803
C) 1911
D) 2016

Question 52

There are approximately ________ federal district court judges in the United States.

A) 9
B) 79
C) 678
D) 1,002

Question 53

What is common law?

A) another name for federal law
B) law made by judges through their decisions, not through specific statutes
C) law made by an administrative body
D) law passed by the U.S. Congress

Question 54

In Gideon v. Wainwright (1963), the justices declared that

A) segregation was unconstitutional.
B) the "one man, one vote" standard was unconstitutional.
C) corporations have free speech rights under the First Amendment.
D) state courts had to provide legal counsel to defendants who could not afford their own attorneys.

Question 55

Normally, ________ a specific case on a federal circuit court of appeals.

A) 1 judge hears
B) 3 judges hear
C) 15 judges hear
D) all of the judges hear

Question 56

Which of the following statements about Congress's delegation of power to the executive is most accurate?

A) The Constitution prevents Congress from delegating any power to the executive branch.
B) The courts have refused to hear any cases regarding congressional delegation of power to the executive branch since the start of the New Deal.
C) Since the New Deal, the courts have not struck down any congressional delegation of power to the executive branch as impermissibly broad.
D) Since the New Deal, the courts have frequently struck down congressional attempts to delegate powers to the executive branch as impermissibly broad.

Question 57

What was the Supreme Court's ruling in 1948 regarding restrictive covenants?

A) It was illegal for homeowners to discriminate in sales contracts.
B) It was acceptable for private contracts to have discriminatory provisions.
C) Individuals had the right to discriminate in private contracts, but courts could not enforce these contracts.
D) Only state supreme courts had the authority to rule on the legality of restrictive covenants.

Question 58

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

A) vetting cases for the Supreme Court
B) hearing challenges to state laws
C) reviewing requests for stays of execution
D) overturning laws passed by Congress

Question 59

The power of the Supreme Court to review state actions and legislation comes from ________.

A) the judicial review clause of Article III
B) the supremacy clause of Article VI
C) Marbury v. Madison
D) the Seventh Amendment

Question 60

Why has partisan conflict surrounded federal judicial appointments in recent years?

A) Members of Congress do not want the president to have so much power that he can place anyone he wants on the federal bench.
B) Public opinion has not been favorable toward most of the recent presidents' nominees.
C) There have not been enough minority nominees, including women.
D) The federal courts play an important role in shaping American law and politics.

Question 61

The solicitor general is the

A) chief legal counsel for the White House.
B) lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
C) chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
D) head of the Department of Justice.

Question 62

Under normal rules of oral argument, each lawyer has ________ to present his or her case before the Supreme Court.

A) 30 minutes
B) 1 hour
C) 2 hours
D) unlimited time

Question 63

The assignment of the opinion in a Supreme Court case is

A) unimportant because the final vote of the justices is the only statement that carries any weight in future cases.
B) important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
C) unimportant because all justices usually describe their decisions in exactly the same way.
D) important because every word of a decision is legally binding.

Question 64

The written opinions of appellate courts have been described as halfway between ________ law and ________ law.

A) common; statutory
B) civil; constitutional
C) public; private
D) common; public

Question 65

The written document in which attorneys explain why the court should rule in favor of their clients is called a(n) ________.

A) intervention
B) writ of certiorari
C) brief
D) writ of habeas corpus

Question 66

The Supreme Court's power to review acts of Congress has not been seriously questioned because

A) Congress granted the power of judicial review to the Court in the Federal Judicial Review Act of 1798.
B) Congress and the president always agree with the decisions made by the Court.
C) the Constitution explicitly grants this power to the Court in the judicial review clause of Article III.
D) the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years.

Question 67

In Schuette v. Coalition to Defend Affirmative Action (2014), the justices ruled on a(n)

A) Michigan ballot initiative establishing that a ban on racial preferences in college admissions was constitutional.
B) Nebraska ballot initiative establishing that strict gun control laws were constitutional.
C) Indiana ballot initiative establishing that education vouchers were constitutional.
D) Maine ballot initiative establishing that banning the harvesting of lobsters was constitutional.

Question 68

A certiorari pool describes the

A) computerized lottery system by which the Supreme Court selects its cases each year.
B) practice by which Supreme Court law clerks work together to evaluate each petition.
C) method used to appoint the chief justice.
D) nickname for the water fountain in the courtyard of the Supreme Court building.

Question 69

In Roe v. Wade (1973), the Supreme Court was required to rule on the issue of ________, due to the fact that the pregnancy had already come to term.

A) jurisdiction
B) standing
C) mootness
D) stare decisis

Question 70

Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?

A) attorney general
B) solicitor general
C) state supreme courts
D) Congress

Question 71

The increase of administrative agencies since the New Deal has resulted in a(n)

A) increased instance of Congress writing administrative rules.
B) delegation of power by Congress to administrative agencies.
C) strict nondelegation doctrine pronounced by the Supreme Court.
D) increase in states making administrative law.

Question 72

Cases ________ are least likely to be accepted by the Supreme Court.

A) in which the federal government is an appellant
B) that address state laws but do not raise constitutional issues
C) that raise important questions about civil rights
D) that involve conflicting decisions by federal circuit courts

Question 73

When a justice agrees with both the decision and the rationale of the majority but wishes to emphasize or highlight a particular point, he or she may write a ________.

A) dissent
B) special concurrence
C) regular concurrence
D) writ of certiorari

Question 74

Marbury v. Madison (1803) is an important case because the justices

A) recognized the authority of Congress to regulate the economy of the United States.
B) nationalized the Bill of Rights.
C) authorized the Supreme Court to exercise judicial review over laws passed by Congress.
D) declared the secession of the Confederate states to be in violation of the Constitution.

Question 75

The number of cases filed in the Supreme Court has

A) increased dramatically since 1940.
B) remained the same since 1940.
C) increased between 1940 and 1965, but decreased since 1965.
D) decreased between 1940 and 1965, but increased since 1965.

Question 76

The requirement of standing means that parties in a case must

A) have a concrete injury or interest at stake.
B) be present in court during the trial.
C) know the law they are using to defend themselves.
D) have an attorney present with them in court.

Question 77

A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.

A) certiorari
B) per curiam
C) amicus curiae
D) standing

Question 78

When a justice agrees with the majority decision but disagrees with the rationale presented in the majority opinion, he or she may write a ________.

A) dissent
B) special concurrence
C) regular concurrence
D) per curiam

Question 79

The solicitor general is the

A) top-ranking official in the Department of Justice.
B) second-ranking official in the Department of Justice.
C) third-ranking official in the Department of Justice.
D) top-ranking official in the American Bar Association.

Question 80

What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?

A) The Constitution grants the federal courts the power of judicial review.
B) It is the duty of the federal judges to say what the law is; therefore, it is necessary for them to interpret and expound the law.
C) Congress would have to ask the courts for permission to pass laws.
D) The president should not be able to "get around" Congress by issuing executive orders on any issue he or she would like.