Deck 10: Courts: Elites in Black Robes

Question 1

Federal courts hear criminal cases that are prosecuted by the

A) National Security Agency.
B) U.S. Department of Justice.
C) Military Police.
D) All of the above.

Answer 1

B

Question 2

Of the approximately 8,000 appeals made each year to the Supreme Court, the number of cases it accepts is usually about

A) 75.
B) 150.
C) 300.
D) 450.

Answer 2

B

Question 3

The Founding Fathers intentionally insulated the courts from popular majorities and elections in order to

A) avoid the tyranny of the majority.
B) have an independent judiciary.
C) allow them to judge responsibly, without political or partisan considerations.
D) All of the above are true.

Answer 3

D

Question 4

Since 1803, the federal courts have struck down ________ laws of Congress.

A) a handful of
B) more than 100
C) roughly 250
D) more than 500

Question 5

The Senate has rejected ________ of the 132 Supreme Court nominations sent to it.

A) 66
B) 29
C) 46
D) 33

Question 6

President Obama has made two Supreme Court appointments, both women. They are

A) O'Conner and Ginsberg.
B) Roberts and Thomas.
C) Sotomayor and Ginsberg.
D) Sotomayor and Kagan.

Question 7

The total number of judges on the bench in federal district courts is roughly

A) 450.
B) 600.
C) 850.
D) 1,000.

Question 8

Appellate court judges estimate that __________ percent of all appeals are frivolous.

A) 70
B) 50
C) 80
D) 35

Question 9

___________________ was the Supreme Court Chief Justice ruling in the Brown v. Board of Education case, which integrated schools.

A) Earl Warren
B) Thurgood Marshall
C) Antonin Scalia
D) Henry Billings

Question 10

A case involving a foreign citizen is under the jurisdiction of

A) the federal courts.
B) the citizen's home state.
C) the state courts for criminal charges.
D) the International Court of Justice.

Question 11

In recent decades, when nominees to the Supreme Court are questioned at the Senate confirmation hearing, they generally

A) state their positions on the most common political issues.
B) refuse to answer any politically charged questions. .
C) only refer to specific cases in which they have first-hand knowledge
D) are respectful but try to avoid answering specific questions.

Question 12

The Supreme Court technically MUST hear writs of appeal. If four or more justices agree to hear the case, they may issue a

A) writ of habeas corpus.
B) writ of certiorari.
C) writ of mens rea.
D) writ of actus reus.

Question 13

Which of the following is true of federal district courts?

A) Each state has at least one.
B) There are 15 district courts.
C) Judges to the federal district courts are chosen by state legislatures.
D) They only hear cases that have already been decided by state courts.

Question 14

The number of civil and criminal cases begun in the nation's courts each year is about

A) 5 million.
B) 1 million.
C) 3 million.
D) 10 million.

Question 15

Justice Ruth Bader Ginsberg's wealth is estimated to exceed

A) $10 million.
B) $40 million.
C) $25 million.
D) $50 million.

Question 16

District courts have an annual case load of roughly

A) 500,000.
B) 150,000.
C) 300,000.
D) 50,000.

Question 17

Whether or not the Supreme Court takes on a case is determined by

A) the Constitution.
B) the legal question presented.
C) the Supreme Court itself.
D) Congress.

Question 18

All the sitting Justices went to elite Ivy League colleges, and four of the nine attended

A) Yale.
B) Harvard.
C) Princeton.
D) Columbia.

Question 19

John Marshall's argument for judicial review included which of the following?

A) The Courts are sworn to uphold the Constitution.
B) Article III of the Constitution establishes judicial review.
C) State and local laws require federal supervision.
D) The system of checks and balances necessarily requires judicial review.

Question 20

In recent years, minority parties in the Senate have used the ____________tactic to deny confirmation of judicial nominees.

A) Smear
B) Filibuster
C) Rules
D) cloture

Question 21

_______________ is the current Chief Justice on the Supreme Court.

Question 22

_________________ gives the Supreme Court the ability to overturn any federal, state, or local laws.

Question 23

President Reagan appointed ______________, the first woman on the Supreme Court.

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

Question 24

Which President pledged to "restrain the liberal activism" on the Supreme Court?

A) George W. Bush
B) Richard Nixon
C) Ronald Reagan
D) Lyndon B. Johnson

Question 25

Federal judges are appointed by the president and confirmed by the ____________________.

Question 26

In June 2012, the Supreme Court ruled that the Affordable Care Act was _____________.

A) completely unconstitutional.
B) completely constitutional.
C) constitutional because it involved taxes.
D) unconstitutional due to the individual mandate.

Question 27

A complainant must have exhausted all remedies available in lower federal courts or state courts before the Supreme Court

A) accepts review of the case.
B) can render a decision in the case.
C) overturns the decision of the Appellate court.
D) accepts the lower court's ruling.

Question 28

In his 2010 State of the Union address, President Obama

A) questioned the Court on the decision in the Citizens United v. the Federal Election Commission.
B) applauded the Court on the decision in the Citizens United v. the Federal Election Commission.
C) cited the Court on the decision in the Citizens United v. the Federal Election Commission.
D) berated the Court on the decision in the Citizens United v. the Federal Election Commission.

Question 29

When judges rule based on the precedent, this is a fundamental notion in law called

A) stare regulatius.
B) stare maximus.
C) stare instatius.
D) stare decisis.

Question 30

Which judge was impeached by Congress in 1989?

A) William Hastings
B) Robert Bork
C) Archibald Cox
D) Otto Kerner

Question 31

The Court will not formulate a rule of constitutional law broader than required by

A) the lower court.
B) the precise facts to which it must be applied.
C) Congress - the Senate in particular.
D) the state courts.

Question 32

The principle of judicial review was established in the case of ____________________.

Question 33

Examples of crimes that have been federalized include

A) racketeering.
B) hate crimes.
C) drug crimes.
D) All of the above are true.

Question 34

What is the effect of relying on stare decisis and the current precedent?

A) It gives stability to the law.
B) It prevents every decision from becoming new law.
C) It restrains judicial activists.
D) All of the above are true.

Question 35

What court case allowed all women the right to obtain birth control?

A) Roe v. Wade
B) Griswald v. Connecticut
C) Planned Parenthood v. Casey
D) Webster v. Reproductive Health Services

Question 36

The majority of criminal cases are decided by

A) a jury trial.
B) an appellate court.
C) a bench trial.
D) plea bargain.

Question 37

Both parties use the tactic of _______________to deny or delay the president's choice for Supreme Court justice.

Question 38

In order to end a filibuster and approve a judicial nominee, there must be a cloture vote, which requires ________________ votes.

Question 39

Judicial activism refers to the idea that

A) the courts should shape constitutional meaning to present-day needs.
B) the courts should seek areas in which to legislate.
C) the courts should use their own beliefs to reach court decisions.
D) the courts should uphold original intent of the Constitution.

Question 40

The Supreme Court decided Roe v. Wade on the notion of a Constitutional right to

A) abortion.
B) due process.
C) privacy.
D) equality.

Question 41

All Federal judges serve life terms once being appointed to the court.

Question 42

If four or more justices agree to hear a case, they grant a _________________.

Question 43

In contrast to tradition, the Supreme Court under Chief Justice Earl Warren was known for its ____________________.

Question 44

An appeals court will normally have a panel of____________________ judges on it.

Question 45

Most criminal cases now avoid trial through a procedure known as ____________________.

Question 46

Both parties use the tactic of filibuster to deny or delay the president's choice for Supreme Court justice.

Question 47

Proponents of ____________________ argue that because justices are not popularly elected, the Supreme Court should avoid direct confrontation with elected authorities.

Question 48

There are approximately __________________ federal district courts and _______________ federal appellate circuits.

Question 49

Most of the current Supreme Court Justices are elites and come from a privileged background.

Question 50

Distinguished jurists have long argued that the Court should decide the ____________________ and not the ____________________ of the law.

Question 51

The Senate confirmation process has become increasingly politicized since the 1987 nomination and rejection of ____________________.

Question 52

Clarence Thomas was the first African-American nominated to the Supreme Court.

Question 53

President Obama has made two Supreme Court appointments: __________ and ____________.

Question 54

The majority of court cases begin and end in the state court system.

Question 55

The Supreme Court is the most elitist institution in American government.

Question 56

Since 1869, the number of justices on the Supreme Court is ____________________.

Question 57

The only way to remove a federal court judge is through ____________________by Congress.

Question 58

Only ________________ federal court judges has/have ever been impeached and convicted by Congress.

Question 59

The reliance on precedents in law is guided by the principle of ____________________.

Question 60

The ____________________ is the final interpreter of all matters involving the Constitution.

Question 61

How does the court system function? Illustrate this by using an example of a court case.

Question 62

Each of the states maintains its own court system.

Question 63

Explain judicial activism and how the constitution is interpreted based on this view of law. What current justices are likely judicial activists?

Question 64

Explain judicial restraint and the notion of a restricted judiciary is in line with the intent of the Founding Fathers.

Question 65

Cases between two or more states must first be ruled on by the state court in either state.

Question 66

The only type of court established in the constitution is the federal district court.

Question 67

The Supreme Court determines for itself whether to consider a case.

Question 68

Federal law provides that every individual has the right to appeal his or her case.

Question 69

Gonzales v. Earhart is the Supreme Court case that allowed the partial birth abortion ban to remain constitutional.

Question 70

The Supreme Court will render advisory opinions to other branches of government in hypothetical cases.

Question 71

Congress justified the constitutionality of the 1994 Violence Against Women Act with the interstate commerce clause, although the Supreme Court did not agree.

Question 72

Federal jurisdiction is mandatory when the U.S. government is a party.

Question 73

Chief Justice John Roberts, Jr. was the deciding vote cast in making the Affordable Care Act constitutional as a tax.

Question 74

If you were a justice on the Supreme Court, would you consider yourself a judicial activist or one who practices judicial restraint? Why?

Question 75

Appellate courts do not hold trials.

Question 76

Former Justice Felix Frankfurter asserted that the Constitution is meaningless until a judge says what it means.

Question 77

The Constitution contains enough vaguely worded guarantees to allow nearly every party to any case to claim that a federal question is involved.

Question 78

Appeal to the Supreme Court is automatic under the Constitution and must be heard.

Question 79

Expand on the different cases that established the current precedent for abortion in the United States. Do you believe the precedent will stand or be overturned?

Question 80

There is little doubt that the current Supreme Court has seen numerous controversial court cases since 2008. Choose a court case and explain how the court ruled, as well as President Obama's reaction to the ruling.