Deck 14: The Courts

Question 1

The reason the Framers did not specifically mention judicial review in Article III of the Constitution is they

A) did not want courts to exercise it.
B) mentioned it in Article IV.
C) intended to include it in an amendment.
D) intended for Congress to decide its fate.
E) none of the above

Answer 1

E

Question 2

Which of the following does NOT apply to Chief Justice John Marshall?

A) He was a follower of the doctrines of Alexander Hamilton
B) He presided over the Supreme Court from 1801 till 1835
C) He advocated a strong national government
D) He opposed the power of judicial review
E) He was the fourth Chief Justice of the US Supreme Court

Answer 2

D

Question 3

By declaring in Marbury v. Madison that judicial review is the province of the judicial branch, Chief Justice Marshall was also declaring that

A) it is the province of the judicial branch alone to say what the law means.
B) the Supreme Court shares the powers of judicial review with the president.
C) the Supreme Court is not a policymaking body.
D) only the Supreme Court could change the Constitution.
E) the judicial branch would be the most powerful branch of government in the 19ᵗʰ century.

Answer 3

A

Question 4

Marbury v. Madison (1803) established the basis for

A) implied powers.
B) national supremacy.
C) judicial review.
D) advise and consent.
E) state's rights.

Question 5

The Constitution

A) does not mention the Supreme Court.
B) gives specific and detailed instructions about the role of the Supreme Court in government.
C) mentions only the Supreme Court and the courts of appeals.
D) establishes the Supreme Court and its jurisdiction, but does not outline the judicial branch.
E) is silent on who or what may create a court system.

Question 6

Which of these is NOT true concerning Article III and the Constitution's creation of the court system?

A) It outlines the powers of the courts in relationship to the other two federal branches.
B) It creates the office of "chief justice of the United States."
C) It states that judges should serve life terms.
D) It specifies the categories of cases the Supreme Court may or may not hear.
E) It grants Congress the power to create additional federal courts as needed.

Question 7

Federal district courts

A) hear only a small portion of federal cases.
B) primarily exercise appellate jurisdiction.
C) normally use three-judge panels to hear cases.
D) are courts of original jurisdiction.
E) hear cases from state appeals courts.

Question 8

Judicial review raises questions about democracy because

A) it gives unelected members of a government body power over elected members of other government bodies.
B) presidents have used it often and recklessly.
C) judges are directly accountable to the people.
D) it merely takes a majority of Congress to override constitutional decisions of the Supreme Court.
E) it rarely supports the majority of public opinion.

Question 9

The Supreme Court

A) declared hundreds of federal laws unconstitutional in the nineteenth century.
B) has declared thousands of federal laws unconstitutional in the twentieth century.
C) has declared over a thousand state and local laws unconstitutional.
D) has declared only about 25 laws unconstitutional in its entire history.
E) immediately used judicial review to declare acts of Congress unconstitutional.

Question 10

Which of the following statements is true about Supreme Court use of judicial review?

A) The Court immediately began striking down acts of Congress, but exercised restraint in striking down executive action.
B) For the first one-hundred years, the Court used its power only to address political questions.
C) The Court used its power of judicial review only with great restraint.
D) The Court has used its power of judicial review less, as voting rights have been extended to women and minorities.
E) The Court has used its power recklessly and throughout the history of the nation.

Question 11

Alexander Hamilton believed that

A) Congress and the president should each render their own judgments in questions of judicial review.
B) the power of judicial review was inherent in the notion of separation of powers.
C) Judicial review was a violation of fundamental constitutional principles.
D) authorization for judicial review should be included in a Bill of Rights.
E) judicial review could not be used to nullify executive action.

Question 12

Which of these courts is specifically mentioned in the U.S. Constitution?

A) the Supreme Court
B) Court of Appeals
C) District Court
D) state courts
E) all of the above

Question 13

Article III of the Constitution addresses which of the following?

A) It creates a federal judicial branch.
B) It creates the office of "chief justice of the United States."
C) It states that judges shall serve life terms.
D) It grants Congress the power to create additional federal courts as needed.
E) all of the above are true

Question 14

Which of following is TRUE concerning Article III and the Constitution's creation of the court system?

A) It grants Congress the power to create additional federal courts as needed.
B) It creates the office of "chief justice of the United States."
C) It states that judges should serve life terms.
D) It specifies the categories of cases the Supreme Court may or may not hear.
E) all of the above

Question 15

In Marbury v. Madison, Marshall's decision expanded the powers of the Supreme Court to

A) veto presidential appointments.
B) declare acts of state and federal governments unconstitutional.
C) write the rules of presidential succession.
D) enforce the law.
E) fund laws.

Question 16

Judicial review is the power of

A) the Supreme Court to declare local, state, and federal laws unconstitutional.
B) the president to veto Supreme Court decisions.
C) Congress to veto Supreme Court decisions.
D) the Supreme Court to amend legislation that contradicts previous law.
E) presidents to review the performance of judges on the federal bench.

Question 17

In reorganizing the federal court system, Congress has essentially created which of the following judicial systems??A) A three-tiered hierarchical system.
B) A dual system that is divided between the federal government and the states.
C) A dual system that is divided along criminal and civil cases.
D) A multilayered system with continually shifting hierarchies.
E) A top down system, in which the Supreme Court directs lowers courts as to which cases to hear and why

Question 18

What was the "nuclear option" threatened during the nomination of Supreme Court Justice Alito?

A) The Republicans would disallow the use of the filibuster so that there would be no means for the minority party to protest a nomination.
B) The Democrats would tie up the business of the Senate by not acting on anything requiring unanimous consent.
C) The Democrats would not approve any more justices nominated by President Bush.
D) The Republicans would change the rules so that Supreme Court nominations would no longer be subject to approval by the Senate.
E) The Supreme Court would grow to have two more members so that the president could "pack" the court with conservative judges.

Question 19

Alexander Hamilton main argument concerning the courts was that

A) Congress and the president should each render their own judgments in questions of judicial review.
B) The power of judicial review was inherent in the notion of separation of powers.
C) Judicial review was a violation of fundamental constitutional principles.
D) Judicial review should be used to constrain state-actions only.
E) Judicial review could not be used to nullify executive action.

Question 20

After recognizing the power of the Court to exercise judicial review, the Marshall Court

A) went on to declare about 100 laws unconstitutional.
B) used this power with great restraint.
C) was impeached.
D) stated that it had "invented" the power.
E) none of the above

Question 21

There are 94 of these federal courts and they only exercise original jurisdiction. They are

A) District Courts.
B) U.S. Courts of Appeals.
C) U.S. Tax Courts.
D) National Small Claims Courts.
E) all of the above

Question 22

Which of the following would NOT likely be a topic in a criminal case?

A) Violations of federal criminal laws
B) Bank robbery
C) Interstate drug trafficking
D) Kidnapping
E) Property boundary disputes

Question 23

The US Supreme Court

A) is only an appellate court.
B) is only a court of original jurisdiction.
C) is both a court of original jurisdiction and an appellate court.
D) acts as neither a court of original jurisdiction nor an appellate court.
E) hears more original cases than cases appealed.

Question 24

Nine justices has been the established number since

A) the framing of the Constitution.
B) Justice Marshall retired before the Civil War.
C) 1869.
D) 1896.
E) 1936.

Question 25

Juries that hear evidence and sit in judgment on charges brought in civil or criminal cases are known as

A) peer juries.
B) appellate juries.
C) original juries.
D) district juries.
E) petit juries.

Question 26

How many geographical circuits is the U.S. divided into for the jurisdiction of the Courts of Appeal?

A) fifty
B) thirty
C) twenty
D) twelve
E) sixteen

Question 27

The Constitution specifies that federal judges serve

A) for 10 years and then must run for election.
B) during the tenure of the President who appointed them.
C) different terms, as established by Congress.
D) "during good behavior," which usually means for life.
E) for appointed terms of less than 20 years.

Question 28

Which of the following is a characteristic of US Courts of Appeals?

A) witnesses are cross-examined as new evidence is introduced
B) briefs cannot be introduced at this level
C) new evidence cannot be introduced
D) most cases are heard by a trial jury
E) most cases are heard for the first time

Question 29

About ________ of the laws and court decisions in the United States are made in the states.

A) 5 percent
B) 10 percent
C) 25 percent
D) 50 percent
E) 99 percent

Question 30

Federal district courts are courts of

A) appellate jurisdiction, which means they hear appeals from other courts.
B) original jurisdiction, which means they do not hear appeals from other courts.
C) appellate, which means they do not have juries.
D) appellate jurisdiction heard on appeal from state supreme courts.
E) last resort.

Question 31

Who, or what, determines how many judges sit on the Supreme Court?

A) The number is specified in Article III of the Constitution.
B) The number is based on population in the U.S.
C) Congress decides.
D) The president decides.
E) The judges decide, based on workload.

Question 32

Of the cases filed at the lowest federal court level,

A) most are criminal cases.
B) most are civil cases.
C) most have already been heard by the federal Appeals Court.
D) all have already been certified by the Supreme Court.
E) most have been appealed from the states.

Question 33

To protect the courts from legislative intimidation, the Constitution specifies that

A) federal judges do not have to be approved by Congress.
B) Congress cannot overrule a federal court decision.
C) Congress cannot reduce the salaries of judges once they are in office.
D) voters must approve Supreme Court justices.
E) federal judges may not be impeached.

Question 34

Federal courts in the United States

A) must follow precedent in all decisions.
B) are grounded in the Roman law tradition.
C) are more like French courts than like British courts.
D) tend to follow precedent, and move away from it only slowly.
E) must remand cases when they do not follow precedent.

Question 35

The doctrine of stare decisis means

A) a court may issue an order that compels a person to complete a legal act.
B) a defendant must be brought before a judge or magistrate and must be informed of the charges against him/her.
C) judges tend to follow precedent as the basis for legal reasoning.
D) lower courts must send a complete record of the case to an appellate court.
E) the Court may call up a case and rule on it.

Question 36

Which of the following would be relied upon in a U.S. Court of Appeals for determining the outcome of a decision?

A) new evidence
B) witness testimony in court
C) written briefs
D) A & C
E) all of the above

Question 37

The organization of the federal court system is

A) the prerogative of Congress.
B) specified in detail in the Constitution.
C) the prerogative of the president.
D) the prerogative of the Department of Justice.
E) the prerogative of the Circuit courts.

Question 38

Federal District Courts

A) hear only a small portion of federal cases.
B) primarily exercise appellate jurisdiction.
C) normally use three-judge panels to hear cases.
D) are courts of original jurisdiction.
E) have only appellate jurisdiction.

Question 39

The existence of 50 state court systems means

A) all cases start in the state courts.
B) each state must conform exactly to guidelines in all areas of law as established by the federal courts.
C) there is no common law tradition.
D) each state has a different body of legal precedents based on its own constitution, statutes, and administrative rules.
E) that judicial decision making is centralized and consistent.

Question 40

Of the 60,000 cases filed annually in the federal appeals courts, about how many reach the formal hearing stage?

A) 1,500
B) 8,000
C) 10,500
D) 15,000
E) 25,000

Question 41

How many presidential nominees to the Supreme Court in the 20th century were NOT confirmed?

A) seventeen
B) fifteen
C) ten
D) five
E) two

Question 42

How many African Americans currently serve on the U.S. Supreme Court?

A) nine
B) seven
C) two
D) one
E) none

Question 43

With which appointment was Dwight Eisenhower arguably most disappointed??A) Warren Burger
B) William Rhenquist
C) Earl Warren
D) Harry Blackmun
E) Potter Stewart

Question 44

Which of the following would MOST likely be able to file an in forma pauperis brief?

A) the CEO of a large corporation
B) member of Congress
C) the Solicitor General
D) an indigent
E) the president

Question 45

Appointments to the federal courts are

A) unrelated to the everyday political process.
B) fairly representative of the mass public.
C) not a major concern of presidents.
D) related to political trends at the time.
E) often controversial and highly publicized.

Question 46

Standing is known as

A) appealing a case on constitutional grounds.
B) having authority to bring legal action because one is directly affected by the issues at hand.
C) being granted oral arguments before the Court.
D) having competent representation before the Court.
E) stare decisis.

Question 47

____________ have been reaffirmed numerous times over the years and are difficult to reverse.

A) Precedents
B) Decisions
C) Superprecedents
D) Amicus Curiae
D) Writs of Mandamus

Question 48

For a Supreme Court case to be "ripe,"

A) there must be a majority of justices who have made up their minds on how they intend to vote.
B) the case must be real and adverse.
C) all other avenues of appeal must have been exhausted.
D) it must be a case of original jurisdiction.
E) none of the above

Question 49

The reason we know less about the inner workings of the Supreme Court than we know about the other branches of government is

A) the norm of secrecy.
B) the Constitution prohibits the justices from revealing how the Court is run.
C) it is against the law for the media to cover the Court.
D) there just isn't that much to know.
E) all of the above

Question 50

For which of the following does senatorial courtesy apply?

A) U.S. District Courts
B) U.S. Courts of Appeal
C) U.S. Supreme Court
D) all of the above
D) it no longer applies to court appointments

Question 51

The separate but equal doctrine was established in which Supreme Court case?

A) Brown v. Board of Education of Topeka
B) Plessy v. Ferguson
C) Gideon v. Wainwright
D) Gibbons v. Ogden
E) Marbury v. Madison.

Question 52

According to Figure 14.3, most Supreme Court cases

A) are original jurisdiction.
B) come from state courts.
C) come from federal courts.
D) move from state supreme courts then through the federal courts system.
E) none of the above

Question 53

How many Supreme Court justices does it most often take to grant a writ of certiorari?

A) a majority
B) one
C) four
D) Only the Chief Justice can issue such a writ.
E) none

Question 54

Presidents pick nominees for the Supreme Court based on everything listed below EXCEPT

A) ideology.
B) party affiliation.
C) acceptability to key members of Congress.
D) their law school grade point average.
E) all of the above are used

Question 55

Supreme Court norms are

A) rules that determine which cases will be heard.
B) codes of judicial conduct established by Congress.
C) unwritten but clearly understood ways of behaving.
D) guidelines used by the Senate in confirming appointees.
E) no longer used.

Question 56

A writ of certiorari is

A) a brief submitted by individuals who a have special interest in the case but who are not parties to the dispute.
B) the most powerful tool that the Court has for controlling its own agenda.
C) one of the basic individual rights that is guaranteed by the Constitution.
D) a statement of the legal reasoning that supports the decision of the Court.
E) another term for the "rule of four".

Question 57

Which recent appointment to the Supreme Court was barely confirmed after allegations of sexual harassment were brought against him?

A) William Rehnquist
B) David Souter
C) Clarence Thomas
D) John Paul Stevens
E) Samuel Alito

Question 58

Which of the following best describes the makeup of the federal bench?

A) The Federal bench is skewed toward those from privileged backgrounds.
B) The Federal bench reflects the diversity of the United States as a group.
C) The Federal bench is balanced in terms of gender but not in terms of racial make-up.
D) The Federal bench is balanced in terms of racial makeup but not in terms of gender.
E) The Federal bench is balanced in all ways except their religious backgrounds.

Question 59

The definition of standing in the courts

A) is in the Constitution, and no Supreme Court has changed it.
B) follows tradition, but has been constant throughout American history.
C) allows the Supreme Court to provide advisory opinions to guide other branches of government.
D) can change from Court to Court depending on how much access the Court wants to grant affected groups.
E) allows the court to issue concurring opinions.

Question 60

Unwritten but clearly understood ways of behaving are also called

A) guidelines.
B) norms.
C) rules.
D) precedents.
E) ideologies.

Question 61

In the American court system, amicus curiae refers to

A) the right of criminal suspects to a fair trial.
B) the code of ethics governing lawyers and judges.
C) elaborate legal codes that guide federal court decisions.
D) "friends of the court" briefs submitted by interest groups.
E) the right of suspects to know what they are charged with.

Question 62

Which of the following does NOT explain why the Supreme Court rejected its earlier link with laissez-faire economic doctrine?

A) Roosevelt's landslide election in 1936
B) the beginning of public hostility toward the Court
C) Roosevelt's plan to "pack the Court"
D) the impeachment of Justice Brennan
E) none of the above

Question 63

When writing the opinion of the Court, the assigned justice will

A) work in isolation.
B) will be bound by precedent.
C) rely mostly on amicus curiae briefs.
D) receive help from law clerks.
E) all of the above

Question 64

The solicitor general

A) solicits funds for interest groups and private citizens who could not otherwise afford to take a case to court.
B) serves as the president's attorney and is the president's primary legal adviser.
C) serves as the representative of the U.S. government before the Supreme Court.
D) interprets decisions of the Supreme Court so that they may serve as precedent for state and local courts.
E) is appointed by the Senate.

Question 65

According to Figure 14.4, who was the first Chief Justice of the US Supreme Court??A) John Jay
B) John Marshall
C) John Rutledge
D) Salmon P. Chase
E) Earl Warren

Question 66

During the first period in its history, which focused on national power and property rights, the Supreme Court emphasized

A) states' rights.
B) creating a national economy.
C) the regulation of markets.
D) civil rights.
E) individual liberties

Question 67

On what portion of the Constitution did the Supreme Court primarily rely from the Civil War until the 1930s to shield corporations from government regulation?

A) Article III
B) First Amendment
C) Fifth Amendment
D) Fourteenth Amendment
E) Tenth Amendment

Question 68

Oral argument before the Supreme Court

A) has not occurred since John Marshall was Chief Justice.
B) lasts one hour.
C) is televised.
D) sometimes goes on for weeks.
E) are closed to the public.

Question 69

The most certain thing that can be said about the voting practices of members of the Supreme Court is

A) the voting blocks are relatively stable.
B) they almost always vote according to ideology.
C) their social backgrounds almost always determine how they will vote.
D) their prior judicial experience can almost always be used to predict how they will vote.
E) none of the above

Question 70

Which of the following is a norm usually followed by the Supreme Court?

A) open decision making (the "sunshine norm")
B) seniority
C) de novo decision making
D) judicial activism
E) all of the above

Question 71

What are the formal powers of the chief justice of the Supreme Court?

A) He has administrative responsibilities and such additional powers as the full Supreme Court votes to authorize.
B) He has administrative responsibilities and the power to decide which cases the Court will hear.
C) He has substantial administrative responsibilities and has the authority to cast a tie-breaking vote when the Court cannot reach a decision.
D) He has certain administrative responsibilities but derives most of his power from leadership abilities and the prestige of the office.
E) none of the above

Question 72

Of the 8,000 or so cases that are filed with the Supreme Court each term, the Court hears about

A) 100.
B) 1,000.
C) 2,000.
D) 3,500.
E) 4,000.

Question 73

Lobbying the courts is also known as

A)being unconstitutional.
B) filing amicus curiae briefs.
C) managing the courts.
D) written briefs.
E) being restricted to state courts.

Question 74

The chief justice of the US Supreme Court has which of the following formal powers?

A) He has administrative responsibilities and any additional powers that the full Supreme Court votes to authorize.
B) He has administrative responsibilities and the power to decide which cases the Court will hear.
C) He has substantial administrative responsibilities and has the authority to cast a tie-breaking vote when the Court cannot reach a decision.
D) He derives most of his power from leadership abilities and the prestige of the office.
E) all of the above

Question 75

Before the New Deal, the Supreme Court clung to what type of economic theory?

A) Keynesianism
B) Marxism
C) laissez-faire
D) supply-side
E) demand-side

Question 76

A justice who supports the majority opinion but has different reasons for doing so has

A) written the majority opinion.
B) written a dissenting opinion.
C) written a concurring opinion.
D) written an auxiliary opinion.
E) written a meaningless opinion.

Question 77

Which individual serves as the representative of the US government before the Supreme Court??A) the Chief Justice
B) the executive branch prosecutor
C) the attorney general
D) the chief of staff
E) the solicitor general

Question 78

John Marshall, the principal architect of American jurisprudence,

A) generally believed in the inherent demise of free market capitalism.
B) generally believed, like Jefferson, in the important role of small, local governments.
C) emphasized the state's right to infringe on individual property rights.
D) generally believed, like Hamilton, that American greatness depended on a strong national government.
E) prioritized limiting state infringement on individual liberties.

Question 79

Which member of the Supreme Court writes the majority opinion?

A) The Chief Justice, if he votes with the majority, always writes the majority opinion.
B) The Chief Justice, if he votes with the majority, can assign the majority opinion.
C) The Chief Justice always writes the majority opinion, no matter how he votes.
D) The most junior justice must write the majority opinion.
E) The ranking opposition justice writes the majority opinion if nobody else will.

Question 80

In the second period of its history, from the Civil War to the New Deal, the Supreme Court

A) fought the rise of the business corporation.
B) never gave in to the expansion of government regulation.
C) failed to protect business corporations from state regulation.
D) used the Fourteenth Amendment to protect corporations from regulation.
E) engaged in a practice known as total incorporation.