Deck 14: The Courts: Judicial Power in a Democratic Setting

Question 1

Which of the following statements about the U.S.court system is LEAST accurate?

A)The United States possesses a "dual court system," placing citizens under the jurisdiction of both state and national courts.
B)American citizens who are found guilty in a federal court may appeal the decision in their state court system.
C)American citizens who are found guilty by a state court may ultimately appeal their case to the Supreme Court.
D)Cases involving citizens from separate states may be begun in either a state court system or in the federal court system.
E)If a diversity suit is begun in a federal court, the case cannot be transferred to a state court.

Answer 1

B

Question 2

Which of the following cases best represents a class action suit?

A)A customer sues a manufacturer on behalf of every consumer who bought a certain defective good.
B)A white man sues a public university because he believes that he was denied admission based on his race.
C)The federal government files charges against every member of an alleged criminal organization.
D)A private business sues the federal government on the grounds that its regulatory standards place an undue financial burden on the company.
E)A citizen sues the state in which she lives on the grounds that its public facilities do not adequately accommodate her individual physical needs.

Answer 2

A

Question 3

The two basic types of law under the American judicial system are criminal law and

A)business law.
B)tax law.
C)corporate law.
D)common law.
E)civil law.

Answer 3

E

Question 4

The Supreme Court has appellate jurisdiction in all of the following cases EXCEPT

A)cases involving violations of federal laws.
B)cases involving an ambassador of another country suing a state.
C)cases involving a citizen of one state suing a citizen of another state.
D)cases in which the federal government sues a state.
E)cases in which the federal government sues a company or group of citizens.

Question 5

Most cases that begin in a state court system are resolved in

A)the U.S.Supreme Court.
B)that (the state) system.
C)U.S.district courts.
D)U.S.appellate courts.
E)specialty courts.

Question 6

Which of the following statements about the federal appeals court system is LEAST accurate?

A)The losing side in a federal district court trial must file special requests to receive permission to appeal their case.
B)There are currently 13 U.S.courts of appeals.
C)The original decision in a case will be overturned if two out of three judges on the appellate court disagree with it.
D)While there are two courts of appeals located in the District of Columbia, every other court of appeals serves no fewer than three states.
E)Particularly important appeals might be decided by all of the judges in a given circuit sitting together en banc.

Question 7

The only way a case can move from a state court system to the national system is through

A)an appeal from the state's highest court to the U.S.Supreme Court.
B)a request from that state's U.S.senator.
C)an appeal from the state's lowest court to the U.S.district court.
D)an appeal from any state court to the U.S.appellate court.
E)a request from that state's governor.

Question 8

A U.S.district court would be LEAST likely to preside over a case involving

A)shoplifting.
B)antitrust violations.
C)civil rights cases.
D)labor relations.
E)truth-in-lending violations.

Question 9

Which Supreme Court justice was a surprise supporter of Obamacare in the 2012 Independent Business et al.v.Sebelius, Secretary of Health and Human Services decision?

A)Antonin Scalia
B)Anthony Kennedy
C)Ruth Bader Ginsberg
D)Sonia Sotomayor
E)John Roberts

Question 10

In which of the following instances would the Supreme Court have original jurisdiction?

A)if a U.S.senator from Alaska were charged with a federal crime
B)if the mayor of Birmingham, Alabama, were charged with a federal crime
C)if the government of Indiana were to sue the government of Kentucky over the pollution of the Ohio River
D)if the president of the United States were charged with high crimes and misdemeanors
E)if a citizen of Indiana were to sue a company based in Kentucky over the pollution of the Ohio River

Question 11

In its 2012 decision of the Independent Business et al.v.Sebelius, Secretary of Health and Human Services case, the Supreme Court upheld Obamacare on the basis that the law

A)involved taxation by the government.
B)involved regulation of interstate commerce.
C)conformed with the freedom to assemble and receive health care.
D)fell under the purview of Congress's right to pass legislation.
E)was constitutional based on the Fourteenth Amendment's equal protection clause.

Question 12

The principle of judicial review allows the Supreme Court to

A)hear appeals of cases originally decided in lower courts.
B)assess the constitutionality of congressional acts.
C)bypass Congress and create national laws directly.
D)decide legal cases involving disputes between state governments.
E)decide legal cases involving disputes between a state and a foreign government.

Question 13

In which case did the Supreme Court establish the principle of judicial review?

A)Dartmouth College v.Woodard
B)Gibbons v.Ogden
C)McCullough v.Maryland
D)Marbury v.Madison
E)Barron v.Baltimore

Question 14

A case can NOT proceed directly to the Supreme Court from which of the following types of courts?

A)U.S.Federal Court of Appeals
B)Court of International Trade
C)Court of Claims
D)local trials court
E)a state's highest court of appeals

Question 15

A case that begins in the national court system will be resolved

A)only in the national court system.
B)in any national or state court.
C)in any state supreme court.
D)only in U.S.district courts.
E)only in U.S.appellate courts.

Question 16

How many justices voted in favor of the government in the 2012 case of Independent Business et al.v.Sebelius, Secretary of Health and Human Services that upheld the constitutionality of President Obama's signature health care law, the Patient Protection and Affordability Act?

A)5
B)6
C)7
D)8
E)9

Question 17

In order for a suit to meet the standards of justiciability, the plaintiff must have

A)overwhelming evidence.
B)no direct interest or involvement in the proceedings.
C)a political agenda.
D)legal standing.
E)already successfully presented the case in a lower court.

Question 18

Which of the following statements about the Foreign Intelligence Surveillance Court is LEAST accurate?

A)The FISC is generally reluctant to grant warrants permitting the federal government to conduct surveillance of suspected foreign agents within the boundaries of the United States.
B)The FISC meets in secret to determine whether the U.S.government can legally spy on suspected foreign agents within the United States.
C)The FISC hears evidence presented on behalf of the U.S.government, but not on behalf of suspected foreign agents.
D)The Bush administration argued that it did not need a warrant from the FISC to conduct surveillance on suspected terrorists within the United States.
E)When the FISC refuses to grant the U.S.government a warrant, the government can appeal the case with the Foreign Intelligence Surveillance Court of Review.

Question 19

Which of the following statements about the U.S.district court system is LEAST accurate?

A)There is no state that does not have its own district court.
B)Every district court serves in only one state.
C)District courts require trials by jury.
D)District courts provide an entryway into the federal court system.
E)District courts are much more likely to follow existing legal precedents than to establish new ones.

Question 20

The primary basis of American common law is

A)the legislative acts of Congress.
B)the accepted customs of a given community.
C)precedent established within the court system.
D)acts of Parliament that remained in effect after the United States established its independence.
E)the collective legislative acts of all the state governments.

Question 21

An opinion written by a justice who agrees with the decision of the majority, but not with its reasoning, is known as a

A)majority opinion.
B)plurality opinion.
C)dissenting opinion.
D)concurring opinion.
E)per curiam opinion.

Question 22

Unsigned opinions that outline the reasoning behind a nearly unanimous Supreme Court decision are known as

A)majority opinions.
B)plurality opinions.
C)dissenting opinions.
D)concurring opinions.
E)per curiam opinions.

Question 23

Which of the following was a watershed event that greatly enhanced the power and prestige of the Supreme Court?

A)the appointment of John Jay as the first Chief Justice
B)the 1803 Marbury v.Madison decision
C)the 1857 Dred Scott decision
D)the Court's response to President Franklin Roosevelt's court-packing plan
E)the appointment of Roger Taney as Chief Justice

Question 24

When presenting a case before the Supreme Court, lawyers are permitted

A)as much time as necessary, within reason, to present their cases effectively.
B)one day to present their initial argument, and a subsequent half day to respond to the argument of the opposing side.
C)one day to present their initial argument, and a subsequent full day to respond to the argument of the opposing side.
D)exactly thirty minutes to present their entire argument.
E)only one day to present their entire argument.

Question 25

In which of the following instances is the Supreme Court MOST likely to agree to hear a case?

A)if the case involves an issue over which the Court is internally divided
B)if the case involves an issue that has received little attention from the lower courts
C)if the case consists primarily of a dispute over facts
D)if the case involves an issue that has been decided differently by separate lower courts
E)if the case does not involve a weighty issue of jurisprudence

Question 26

An opinion written by a justice who disagrees with the decision of the majority is known as a

A)majority opinion.
B)plurality opinion.
C)dissenting opinion.
D)concurring opinion.
E)per curiam opinion.

Question 27

Which of the following statements about the early history of the Supreme Court is MOST accurate?

A)The Supreme Court was one of the few effective national institutions to originate under the Articles of Confederation.
B)From its first year, the Supreme Court was inundated with landmark cases.
C)John Marshall was the first chief justice of the Supreme Court.
D)The Supreme Court was created largely because the American people demanded a national court to preserve their liberties.
E)Appointments to the Supreme Court initially carried such little prestige that many appointees declined to accept their seats.

Question 28

Petitions for writs of certiorari are an important part of the process by which

A)the Supreme Court decides which cases to hear.
B)the Supreme Court decides which justice will author the majority's decision.
C)the president decides whom to appoint when a vacancy appears in the Court.
D)the Senate decides whether or not to approve a presidential appointee to the Supreme Court.
E)the Supreme Court decides whether the argument of a disputant in a given case has a strong factual basis.

Question 29

Which of the following statements BEST captures the current condition of the Supreme Court?

A)Supreme Court justices are a close-knit group who meet regularly to discuss the latest court cases and the fine details of the law.
B)Supreme Court justices' demanding course load leaves them little time to review the latest law reviews, and they have been frequently criticized for their failure to keep abreast of legal developments.
C)The Supreme Court is in perpetual session and hears cases throughout the entire year.
D)Supreme Court justices rarely interact on a personal level and depend upon their clerks to assist them with many of their functions.
E)Each Supreme Court justice is expected to review appellants' cases personally and to write their legal opinions without assistance.

Question 30

Which of the following statements about Franklin Roosevelt's "court-packing" proposal is MOST accurate?

A)It succeeded in increasing judicial support for Roosevelt's New Deal programs.
B)It was accepted by the majority of Congress as a reasonable means of countering the entrenched conservatism of the Supreme Court.
C)It would have forced every Supreme Court justice over the age of 70 to retire or face impeachment proceedings.
D)It inspired a judicial backlash which effectively brought the New Deal Era to an end.
E)It was unconstitutional, because the Constitution stipulates that the Supreme Court should consist of exactly nine justices.

Question 31

Which of the following occurs FIRST in a legal case?

A)decision by a judge
B)appeal to a state supreme court
C)appeal to a court of appeals
D)decision by a jury
E)determination of facts

Question 32

Which federal office is known as the "tenth justice" because of the Supreme Court's high receptivity to its petitions?

A)attorney general
B)President of the United States
C)solicitor general
D)Speaker of the House
E)Secretary of Justice

Question 33

Andrew Jackson's famous (if perhaps apocryphal) comment that, "John Marshall has made his decision; now let him enforce it," illustrates the fact that

A)only the president can decide whether or not Supreme Court decisions will be enacted.
B)the Supreme Court lacks any institutional means to implement its decisions.
C)the decisions of the Supreme Court have little relevance outside the cloistered world of the legal profession.
D)elected officials can safely ignore the decisions of the Supreme Court, because few offices experience as much turnover as that of the Supreme Court justice.
E)the Supreme Court did not always have the institutional power to enforce its decisions that it enjoys today.

Question 34

Which of the following is NOT one of the means by which Congress has traditionally expressed its disapproval with a Supreme Court decision?

A)voting to remove offending justices from the Court
B)drafting amendments to ensure the constitutionality of desired policies
C)threatening to modify the Court's appellate jurisdiction
D)refusing to fund programs required to put Court decisions into effect
E)rewriting overturned laws so that the Supreme Court must either readdress them or leave them be

Question 35

Generally speaking, how did the decisions of the Taney Court differ from those of the Marshall Court?

A)Unlike Taney, Marshall was much more concerned with protecting the civil liberties of racial minorities.
B)Unlike Marshall, Taney tended to advocate a states' rights position.
C)Unlike Taney, Marshall tended to take the side of the southern slave interests.
D)Unlike Marshall, Taney tended to take the side of northern industrial interests.
E)Unlike Marshall, Taney avoided making any controversial or landmark decisions.

Question 36

How many of the nine justices must vote to grant certiorari in order for a case to be heard by the Supreme Court?

A)one
B)four
C)five
D)six
E)nine

Question 37

An opinion written on behalf of the largest bloc of justices, if that bloc numbers fewer than five members, is known as a

A)majority opinion.
B)plurality opinion.
C)dissenting opinion.
D)concurring opinion.
E)per curiam opinion.

Question 38

Which of the following is among the small number of nations whose citizens are nearly as litigious as those of the United States?

A)Germany
B)Spain
C)Japan
D)Italy
E)England

Question 39

The only type of Supreme Court decision that can establish a precedent is a

A)majority opinion.
B)plurality opinion.
C)dissenting opinion.
D)concurring opinion.
E)per curiam opinion.

Question 40

An opinion written by one justice on behalf of at least five members of the Court is known as

A)a majority opinion.
B)a plurality opinion.
C)a dissenting opinion.
D)a concurring opinion.
E)a per curiam opinion.

Question 41

Before the appointment of Justice Sonia Sotomayor in 2009, there had been, in the history of the Supreme Court, ________ female justice(s) and ________ black justice(s).

A)one; one
B)two; one
C)two; two
D)two; three
E)one; four

Question 42

Because of the insight it gives into their doctrinal views, presidents tend to prefer Supreme Court nominees who have

A)served on an appellate court.
B)served on a district court.
C)taught at prominent law schools.
D)spent their careers engaged in private practice.
E)published extensively in legal journals.

Question 43

What functions does the Supreme Court serve today? How have its functions changed since the founding of the republic? Should the Supreme Court wield more or less power than it currently does?

Question 44

What is the relationship between the citizenry and the judicial system? How much access does the average citizen have to the courts? What factors have helped to expand this access in recent years?

Question 45

How has the appointment and approval of lower federal courts changed in the past three decades?

A)Since most important decisions are made by the Supreme Court, few government officials express much interest in who sits in the lower courts.
B)Senators have increased their ability to select the lower court judges who will operate in their states.
C)The tradition of "senatorial courtesy" has disappeared completely.
D)The confirmation of lower court judges has become more hotly contested.
E)The Senate and the presidency have come to agree that partisan factors should not intrude on judicial concerns, and that nominees should be judged solely based on their professional qualifications.

Question 46

Which of the following entities has the LEAST direct role in deciding who will fill a vacancy on the Supreme Court?

A)the president
B)the FBI
C)the ABA
D)the Senate
E)the American public

Question 47

Describe the manner by which justices are appointed to and retain their seats on the Supreme Court.Is this procedure too undemocratic, or does it provide a necessary curb to democratic excesses? Should justices be openly selected on the basis of their ideological stances, or should the president and the Senate strive to find well-informed but impartial candidates?

Question 48

Discuss the changing role and ideology of the Supreme Court.During what periods of time has it seemed to be most active? When has it retreated into the shadows? How has it helped to shape American history? Is the Court more likely to react to or to set historical trends?

Question 49

Since the late nineteenth century (with a brief interruption in the mid-twentieth century), at least one Supreme Court seat has been held by a(n)

A)person affiliated with the opposite party from the president who nominated him or her.
B)Catholic.
C)African American.
D)woman.
E)political appointee with no legal training.

Question 50

Which of the following was NOT a member of the conservative bloc of the Supreme Court in 2014?

A)Sonia Sotomayor
B)Antonia Scalia
C)Samuel Alito
D)John Roberts
E)Clarence Thomas

Question 51

Which of the following statements about the dynamics of the Supreme Court is LEAST accurate?

A)The known ideological preferences of certain justices make it easy to predict their opinions.
B)Since they do not need to face popular elections, justices rarely consult public opinion when reaching their decisions.
C)Although some justices subscribe to the principle of judicial activism, others prefer the principle of judicial restraint.
D)In the course of deliberations, one might reasonably expect individual justices to change not only their decision but their reasoning several times.
E)Justices sometimes alter their opinion or their decision in order to stay in good standing with their fellow justices.

Question 52

Which president appointed Sandra Day O'Connor, the first female Supreme Court justice, to the court?

A)Franklin Roosevelt
B)Woodrow Wilson
C)Lyndon Johnson
D)Jimmy Carter
E)Ronald Reagan

Question 53

Edward White, Harlan Stone, and William Rehnquist are exceptional for being the only Supreme Court justices

A)to die in office.
B)to be removed from office through impeachment.
C)to be appointed chief justice while serving as an associate justice.
D)to be appointed to the court despite being marked as "not qualified" by the ABA.
E)who were close friends of the president who nominated them.

Question 54

Which of the following is NOT one of the trends evident in the judiciary over the past sixty years?

A)The court system has grown increasingly accessible to private citizens.
B)The Supreme Court has expanded its role in shaping public policy.
C)The Supreme Court has demonstrated a willingness to investigate a broader range of judicial questions.
D)Interest groups have increasingly relied on lawsuits rather than elections to achieve their goals.
E)The court system has grown less accessible to business groups and other private interests.

Question 55

To his chagrin, President Eisenhower discovered that Earl Warren, Eisenhower's nominee as chief justice, did not meet the

A)professional qualifications expected by the Senate.
B)representational qualifications demanded by the American people.
C)longevity he expected when he appointed him.
D)doctrinal qualifications expected by the president himself.
E)interpersonal qualifications needed to work with other members of the Court.

Question 56

Which president appointed Thurgood Marshall, the first African American Supreme Court justice, to the Court?

A)Franklin Roosevelt
B)Woodrow Wilson
C)Lyndon Johnson
D)Jimmy Carter
E)Ronald Reagan

Question 57

Describe the manner in which the Supreme Court decides which cases to hear and reaches a decision about the merits of the case.Are the Court's current procedures in these regards adequate to meet the needs of the American people? Should the Court be expected to take on more cases or to allow disputants more time to present their cases? Should they rely less on law clerks?

Question 58

Who was the first Jewish justice on the Supreme Court?

A)Arthur Goldberg
B)Abe Fortas
C)Louis Brandeis
D)Ruth Bader Ginsburg
E)Stephen Breyer

Question 59

Which of the following was NOT a member of the liberal bloc of the Supreme Court in 2012?

A)Elena Kagan
B)Stephen Breyer
C)Sonia Sotomayor
D)Clarence Thomas
E)Ruth Bader Ginsberg

Question 60

A Supreme Court justice who believes that the Court should make public policy and vigorously review the policies of Congress and the president follows the philosophy of

A)judicial interpretation.
B)judicial restraint.
C)judicial conservatism.
D)judicial cooperation.
E)judicial activism.

Question 61

What factors affect a president's decision to nominate someone to the Supreme Court? Once the decision is made, what is the Senate's role and how does it fulfill it?