Deck 9: The Judiciary

Question 1

The strategic model of judicial behavior

A)accurately predicts Supreme Court votes.
B)accounts for a range of factors that affect judicial behavior.
C)has been replaced by the legal model of judicial behavior.
D)only explains justices' votes in constitutional cases.
E)ignores interbranch relations.

Answer 1

B

Question 2

State courts of original jurisdiction where cases begin are called

A)first courts.
B)appellate courts.
C)trial courts.
D)select courts.
E)district courts.

Answer 2

C

Question 3

When Andrew Jackson opined,"John Marshall has made his decision; now let him enforce it," he was referring to

A)the inability of the Supreme Court to enforce or implement its decisions.
B)the constitutional requirement that only Congress can implement Court decisions.
C)the president's constitutional right to refuse to implement decisions of the Supreme Court.
D)the long-standing feud between himself and Marshall.
E)Marshall's powerful allies in both the executive and legislative branches.

Answer 3

A

Question 4

Supreme Court justices and federal judges serve for

A)four-year terms.
B)eight-year terms.
C)life.
D)life with good behavior.
E)twelve-year terms.

Question 5

The main role of the jury is to

A)arbitrate judicial proceedings.
B)be the ultimate finder of fact.
C)listen to the judge to see if he or she appears to lean toward one side or the other.
D)make interpretations of law.
E)directly interrogate witnesses when so ordered by the judge or attorneys.

Question 6

The Supreme Court will hear a case if ________ justices vote to do so.

A)three
B)four
C)five
D)six
E)seven

Question 7

The bulk of the judicial work in the federal system takes place in the Supreme Court.

Question 8

The U.S.courts of appeals have no original jurisdiction.

Question 9

Congress may not reduce the salaries of federal judges to penalize them for decisions that Congress does not like.

Question 10

Among the ________ examined by political scientists trying to explain Supreme Court decision making are childhood experiences,religious values,and political party.

A)cultural experiences
B)attitudes
C)policy-making characteristics
D)strategic strategies
E)behavioral characteristics

Question 11

The number of judges of the various U.S.Court of Appeals

A)is thirty per circuit.
B)varies at the president's discretion.
C)varies from circuit to circuit.
D)is set after recommendations by the U.S. attorneys in each circuit.
E)is approximately sixty per circuit.

Question 12

Justice Elena Kagan served as solicitor general before she became an associate justice.

Question 13

The Judiciary Act of 1789 gives form and substance to the federal courts.

Question 14

Both legislative and constitutional courts are staffed by judges with life tenure.

Question 15

In ________,the U.S.Supreme Court held that it had the power to review the constitutionality of acts of the national government.

A)Marbury v. Madison
B)Martin v. Hunter's Lessee
C)McCulloch v. Maryland
D)Gibbons v. Ogden
E)Hamilton v. Jefferson

Question 16

There are ________ federal district courts.

A)forty-seven
B)fifty-six
C)eighty-seven
D)ninety-four
E)104

Question 17

Since 1869,the Supreme Court has consisted of ________ associate justices.

A)six
B)seven
C)eight
D)nine
E)ten

Question 18

The justices of the Supreme Court are

A)elected in a nonpartisan election.
B)confirmed by the president.
C)nominated by the Senate.
D)nominated by the president and confirmed by the Senate.
E)nominated by the president and confirmed by both the House and Senate.

Question 19

The proceedings of the U.S.Supreme Court are

A)not open to the public.
B)open to journalists and television cameras.
C)not televised because the justices refuse to allow cameras in the Court.
D)televised on C-SPAN only.
E)regularly televised on both network and cable channels.

Question 20

As of 2010,the Supreme Court has had ________ African American members.

A)one
B)two
C)five
D)nine
E)fifteen

Question 21

In ________,Congress set the size of the Supreme Court at nine.

A)the Constitution
B)1789
C)1869
D)1937
E)1981

Question 22

The Supreme Court has had little difficulty getting the executive branch to implement the decisions it hands down.

Question 23

The U.S.solicitor general's petitions to the Supreme Court are accepted more frequently than those of any other party.

Question 24

Federal circuit courts originally were created by Congress to

A)function as trial courts.
B)hear appeals from federal district courts.
C)lessen the load of the Supreme Court.
D)create more opportunities to appoint their Federalist cronies to lifetime jobs.
E)function exclusively as appellate courts.

Question 25

The first chief justice of the Supreme Court was

A)Thomas Jefferson.
B)James Wilson.
C)John Jay.
D)John Marshall.
E)James Madison.

Question 26

The Judiciary Act of 1789

A)created the Supreme Court and its jurisdiction.
B)established the state court systems.
C)established the basic structure of the federal court system.
D)granted the Supreme Court the power of judicial review.
E)established local court systems within the thirteen states.

Question 27

If the U.S.Supreme Court decided to share its view on the constitutionality of the recently passed health care reform law,it would be

A)following the practice of seriatim decision making.
B)fulfilling a constitutional mandate.
C)following a pattern used by the Canadian Supreme Court.
D)applying stare decisis.
E)acting consistently with its appreciation of international norms.

Question 28

Judicial review of state actions was claimed by the U.S.Supreme Court in

A)Marbury v. Madison.
B)Martin v. Hunter's Lessee.
C)McCulloch v. Maryland.
D)Gibbons v. Ogden.
E)Brown v. Board of Education.

Question 29

The judiciary was called the "least dangerous branch" by

A)Alexander Hamilton.
B)James Madison.
C)George Washington.
D)Thomas Jefferson.
E)John Adams.

Question 30

According to Article III,the salaries of federal judges

A)must be greater than the salaries of their former clerks working in private law firms.
B)must be the same as members of the Senate.
C)cannot be reduced while they are serving on the bench.
D)must remain competitive with lawyers in private practice.
E)can only be raised once during their tenure on the bench.

Question 31

The federal judiciary was given form and substance by

A)Article IV.
B)the Judiciary Act of 1789.
C)the Alien and Sedition Acts.
D)the Supreme Court.
E)the president.

Question 32

Interest groups often submit amicus curiae briefs to the U.S.Supreme Court.

Question 33

The value of a clerkship on the U.S.Supreme Court is BEST demonstrated by

A)the close relationship clerks have with their justices.
B)the high salaries and bonuses paid to clerks by big law firms.
C)the indisputable influence clerks have on their justices.
D)the Court's insistence that clerks be representative of the pool of law school graduates.
E)the fact that the majority of clerks stay with the Court for decades.

Question 34

Judicial restraint was evident in Roe v.Wade.

Question 35

The justices' behavioral characteristics are unlikely to influence how they evaluate the facts and legal issues in a debate.

Question 36

In 1789,there were ________ justices sitting on the Supreme Court.

A)five
B)six
C)seven
D)nine
E)eleven

Question 37

The first session of the U.S.Supreme Court took place in

A)Philadelphia Hall.
B) the current Supreme Court building.
C)the Senate.
D)Boston.
E)New York City.

Question 38

Why did the Framers include life tenure for federal judges?

A)To attract candidates for the positions
B)To make it more difficult for the president and Congress to agree on good candidates
C)To make judges less likely to be moved by political pressures
D)To ensure that judges would remain ethical while in office
E)To make the judiciary more powerful than Congress or the president

Question 39

Among the powers of the judiciary specified in Article III are all of the following EXCEPT

A)all cases involving maritime law.
B)controversies between two states.
C)controversies between citizens of two states.
D)controversies between Congress and the president.
E)all cases affecting ambassadors or other public ministers.

Question 40

When President George W.Bush appointed __________ and ___________ to the Court,most people expected major changes.

A)John G. Roberts Jr./John Paul Stevens
B)John G. Roberts Jr./Robert Bork
C)John G. Roberts Jr./Samuel A. Alito Jr.
D)Samuel A. Alito Jr./Ruth Bader Ginsburg
E)Samuel A. Alito Jr./Sonia Sotomayor

Question 41

A document containing the collected legal arguments in a case that is filed with a court prior to trial is called

A)a petition for a writ of certiorari.
B)a petition of habeas corpus.
C)a writ of mandamus.
D)an amicus curiae brief.
E)a brief.

Question 42

________ is generally considered to have been the most influential chief justice of the Supreme Court of the United States.

A)William H. Rehnquist
B)Earl Warren
C)Roger Taney
D)John Marshall
E)John G. Roberts Jr.

Question 43

The jurisdiction of the federal courts is controlled by

A)the vice president.
B)the president in consultation with the Department of Justice.
C)the Constitution and statutes passed by Congress under its Article III authority.
D)the Constitution alone.
E)the House of Representatives exclusively.

Question 44

Under U.S.criminal law,the victim is considered to be

A)the perpetrator.
B)society in general.
C)those who were hurt directly by the conduct of someone else.
D)the state or federal attorney prosecuting the case.
E)the individual who is entitled to final compensation for his or her injuries.

Question 45

If the Supreme Court decided to rule that an Arizona immigration law is unconstitutional,it would be practicing what is called

A)stare decisis.
B)a seriatim opinion.
C)judicial review.
D)a partial en banc opinion.
E)a summary decision.

Question 46

Suppose you are injured on the job and decide to sue your employer for negligence.In that case,you will be referred to as the ____ in court.

A)defendant
B)plaintiff
C)appellant
D)attorney general
E)accused

Question 47

Although judicial review was not mentioned in the Constitution,________ publicly endorsed the idea in Federalist No.________.

A)John Jay/10
B)John Jay/50
C)James Madison/50
D)Alexander Hamilton/78
E)John Marshall/51

Question 48

The major purpose of the federal circuit courts of appeals is to

A)allow for the use of senatorial courtesy.
B)review the decisions of district court judges concerning the facts of a case.
C)correct errors of law and procedure.
D)hear new testimony if necessary.
E)specifically recommend cases to the U.S. Supreme Court.

Question 49

As chief justice,John Marshall initiated several reforms to strengthen the Court and the power of the chief justice.These included all of the following EXCEPT

A)meeting with his cousin Thomas Jefferson to avert conflict between the two branches of government.
B)ending the use of seriatim opinions.
C)instituting the writing of a single opinion of the Court.
D)claiming the authority of judicial review.
E)authoring more than 500 opinions.

Question 50

Each judicial district has a U.S.attorney whose main job it is to

A)be the chief enforcer of civil law.
B)be the chief federal law enforcement officer.
C)be the chief investigator.
D)be the major representative of the president.
E)represent the federal government before the U.S. Supreme Court.

Question 51

Chief Justice John Marshall tried to transform the Court into a coequal branch of government through key decisions such as McCulloch v.Maryland that

A)outlawed seriatim opinions.
B)made the Court the final arbiter of constitutionality.
C)declared federal laws invalid.
D)broadly interpreted the necessary and proper clause.
E)applied the Bill of Rights to both the federal and state governments.

Question 52

Before any state or federal court can hear a case,it must have ________,the authority to hear the case as defined by law or constitution.

A)jurisdiction
B)legal approval
C)controversy
D)legitimacy
E)standing

Question 53

Cases heard in federal district courts generally fall into one of three categories,including
I)those involving the federal government as a party.
II)those involving decisions remanded by the Supreme Court.
III)those that have a federal question.
IV)those that involve disputes between citizens from two different states.

A)III only
B)I and II
C)I, II, and IV
D)I, III, and IV
E)I, II, III, and IV

Question 54

________ each have four district courts.

A)California and Texas
B)New York, California, and Texas
C)Texas, New York, and Florida
D)California, Texas, New York, and Florida
E)California, Texas, New York, and Pennsylvania

Question 55

The U.S.Supreme Court decided that a certain film was not obscene because it failed to meet the criteria for obscenity established by Miller v.California.This is an example of

A)precedent.
B)being overruled.
C)a constitutional mandate.
D)appellate jurisdiction.
E)a seriatim decision.

Question 56

Appellate courts usually

A)hear only criminal cases.
B)hear only civil cases.
C)determine the facts of a case.
D)review the legal procedures of a case.
E)hear bankruptcy cases.

Question 57

Civil suits by citizens from two different states must show that their dispute is worth at least ________ or more before they can file their claim in federal court.

A)$25,000
B)$50,000
C)$75,000
D)$100,000
E)$125,000

Question 58

In Marbury v.Madison,the opinion of the Court stressed that

A)the Judiciary Act of 1789 was unconstitutional.
B)John Marshall was not to be outdone by his cousin, Thomas Jefferson.
C)it is the authority of the Court to say what the law is.
D)Marbury could not become a justice of peace in the state of New York.
E)Marbury could receive his commission.

Question 59

Senatorial courtesy

A)refers to the norm in the Senate to be cordial to other senators.
B)describes the historical deference of the president to senators of the same political party to approve the nomination of federal district court judges within their states.
C)refers to the right of senators to bar the nominations of any federal judge from their home state.
D)refers to the Senate's refusal to confirm Supreme Court nominees who do not meet the approval of their home state Senators.
E)describes a process used during the filibuster.

Question 60

Legislative courts are

A)Article III courts.
B)courts created by Congress for special purposes.
C)courts of appellate jurisdiction.
D)Article II courts.
E)Article IV courts.

Question 61

The member of the Justice Department who handles all Supreme Court appeals for the U.S.government is the

A)attorney general.
B)solicitor general.
C)special master.
D)secretary of justice.
E)deputy attorney general.

Question 62

In general,the justices serving on the Roberts Court in 2010 share all of the following characteristics EXCEPT

A)they all graduated from Ivy League or other prestigious law schools.
B)they are all Protestant or Catholic.
C)they all served on the U.S. Court of Appeals.
D)they have been appointed to the Court between 1975 and 2010.
E)they share all of the above characteristics.

Question 63

The attitudinal model of Supreme Court decision making posits that

A)attitudes give us little insight into how justices make decisions.
B)as justices grow older, they become more conservative.
C)a conservative justice appointed by a conservative president would be more likely to vote in a conservative way.
D)the facts of the case influence judicial outcomes.
E)the positions of Congress and the president on political issues affect judicial outcomes.

Question 64

Interest groups most often participate in Supreme Court cases through the use of

A)amicus curiae briefs.
B)monetary donations.
C)direct mail campaigns.
D)marches, protests, and petitions.
E)case sponsorship.

Question 65

The U.S.Supreme Court has original jurisdiction in all cases EXCEPT

A)cases affecting ambassadors.
B)cases involving public ministers.
C)citizens seeking writs of mandamus.
D)cases where two states are the parties.
E)cases involving public consuls.

Question 66

Research by political scientists finds that

A)interest groups play no significant role in the judicial process.
B)federal courts never listen to arguments made by interest groups.
C)the more interest groups that file petitions in support of certiorari, the more likely the Court is to accept the case for review.
D)only conservative interest groups can influence the Court.
E)only liberal interest groups can influence the Court.

Question 67

All of the following are the result of the increased number of clerks that each justice now has EXCEPT

A)longer opinions.
B)more footnotes.
C)shorter terms.
D)more cases decided annually.
E)fewer opinions.

Question 68

During its 2009-2010 term,the Supreme Court decided about ________ cases.

A)50
B)70
C)80
D)100
E)150

Question 69

During conference,Supreme Court justices speak in order by

A)age.
B)interest.
C)ideology.
D)choice.
E)seniority.

Question 70

During the 2009-2010 term,over ________ cases were filed with the Supreme Court.

A)8,000
B)6,600
C)5,700
D)4,200
E)2,000

Question 71

The two closest votes in the Senate for successful U.S.Supreme Court nominees were those of

A)Samuel A. Alito Jr. and Clarence Thomas
B)Clarence Thomas and Ruth Bader Ginsburg
C)John G. Roberts Jr. and Stephen Breyer
D)Sandra Day O'Connor and Samuel A. Alito Jr.
E)Sonia Sotomayor and Antonin Scalia

Question 72

The idea that judges should use their power broadly to further justice is called

A)stare decisis.
B)original intent.
C)judicial restraint.
D)judicial activism.
E)judicial moderation.

Question 73

As of 2010,the Supreme Court has had ________ female members in its history.

A)two
B)three
C)four
D)seven
E)eight

Question 74

________ has been referred to as the Court's "ninth and a half" member.

A)The U.S. solicitor general
B)The U.S. attorney general
C)The U.S. surgeon general
D)The U.S. Department of Justice
E)The chair of the Senate Judiciary Committee

Question 75

________ make up a majority of the members of the U.S.Supreme Court in 2010.

A)Protestants
B)Fundamentalist Christians
C)Roman Catholics
D)Jews
E)Episcopalians

Question 76

The number of women and minorities on the federal bench went up most dramatically during the ________ administration.

A)Ronald Reagan
B)George H.W. Bush
C)Jimmy Carter
D)George W. Bush
E)Bill Clinton

Question 77

A Supreme Court justice who agrees with the outcome reached by the majority but not with the legal reasoning behind the decision may issue a

A)minority opinion.
B)per curiam opinion.
C)seriatim opinion.
D)concurring opinion.
E)dissenting opinion.

Question 78

Since 1988,nearly all appellate cases that have arrived at the Court have been through

A)writs of certiorari.
B)stare decisis.
C)in forma pauperis petitions.
D)original jurisdiction.
E)the state supreme courts.

Question 79

Since the 1960s,questions involving ________ have made up about one-half of the U.S.Supreme Court's docket.

A)criminal law
B)the Bill of Rights
C)presidential powers
D)congressional authority
E)civil law

Question 80

About ________ percent of the U.S.Supreme Court's docket comes from the state supreme courts.

A)10
B)25
C)33
D)50
E)73