Deck 12: The Judiciary

Question 1

Justiciable controversies are those which

A) are no longer valid.
B) are real and substantial, as opposed to hypothetical or academic.
C) arise when the opinions on the Supreme Court are unanimous.
D) can be found in a case's dissenting opinion.
E) are hypothetical or academic questions, as opposed to controversies that are real and substantial.

Answer 1

B

Question 2

Which of the following statements best describes the role of the United States Constitution?

A) The United States Constitution is the supreme law of the land, with the exception of presidential mandates.
B) The United States Constitution is also considered case law.
C) The United States Constitution is the supreme law of the land.
D) The United States Constitution is limited by statutes that are passed by legislatures.
E) The United States Constitution is less powerful than state constitutions.

Answer 2

C

Question 3

A court rule bearing on subsequent legal decisions in similar cases is called a

A) precedent.
B) criminal law.
C) judicial maxim.
D) common law.
E) statutory law.

Answer 3

A

Question 4

U.S. district courts are considered

A) intermediate appellate courts.
B) courts of last resort.
C) state courts.
D) trial courts of the federal system.
E) courts of limited jurisdiction.

Question 5

Jurisdiction refers to

A) rules and principles announced in court decisions.
B) the authority of a court to hear and decide certain cases.
C) the constitutionality of a law.
D) statutory law.
E) the common law.

Question 6

The federal appeals court process involves

A) witnesses and testimony presented to a jury.
B) grand juries who decide if there is enough evidence to have a trial.
C) a panel of judges that reviews the case record and determines whether the trial court committed an error.
D) attorneys from both sides who submit to binding arbitration.
E) preliminary review by the U.S. Supreme Court.

Question 7

The body of judge-made law that originated in England from decisions shaped according to prevailing custom is known as

A) administrative regulations.
B) criminal law.
C) judicial maxims.
D) common law.
E) statutory law.

Question 8

When the Supreme Court decides an issue, are obligated to abide by the Court's decision.

A) only other federal courts
B) only individual state supreme courts
C) all of the nation's courts
D) all courts in every country with a common law tradition
E) only Washington, D.C. courts

Question 9

Which of the following are the three levels of federal courts in the United States?

A) Appellate courts, the U.S. Supreme Court, and state supreme courts
B) State municipal courts, U.S. district courts, and the U.S. Supreme Court
C) U.S. district courts, intermediate U.S. courts of appeal, and the U.S. Supreme Court
D) Municipal courts, intermediate U.S. courts of appeal, and the U.S Supreme Court
E) Municipal courts, state courts, and the U.S. Supreme Court

Question 10

Which of the following statements best describes the George W. Bush Administration's stand on enemy combatants?

A) Enemy combatants could be held indefinitely.
B) Enemy combatants are treated like prisoners of war.
C) Enemy combatants are not supposed to be detained by military tribunals.
D) Enemy combatants could request warrants without having to justify the request.
E) Enemy combatants were reclassified as enemy aliens.

Question 11

Case law includes all of the following EXCEPT

A) constitutional amendments.
B) judicial interpretations of common law principles and doctrines.
C) judicial interpretations of constitutional provisions.
D) judicial interpretations of statutes.
E) judicial interpretations of administrative agency regulations.

Question 12

The term amicus curiae friend of the court) brief refers to

A) a legal argument supporting a desired outcome of a case, filed by an interested third party not directly involved in the case.
B) a request that the Supreme Court order a lower court to send up the records of a case.
C) a Supreme Court order barring further testimony during oral arguments.
D) the belief that the Supreme Court should actively practice judicial review.
E) a legal argument made regarding a hypothetical or purely academic question.

Question 13

Sources of American law include all of the following EXCEPT

A) the U.S. Constitution and state constitutions.
B) case law.
C) statutes passed by legislatures.
D) administrative law.
E) the charter of the United Nations.

Question 14

Standing to sue is

A) determined by whether or not a court has jurisdiction over the matter.
B) determined by whether or not the Supreme Court will hear a case.
C) determined by whether or not a person or group has suffered a harm or has been threatened harm as a result of the action that led to the dispute in question.
D) the decorum that is expected in dealing with the Supreme Court during trial.
E) also known as stare decisis.

Question 15

Alexis de Tocqueville, a commentator on American society in the 1800s, noted that Americans rely on courts

A) to resolve most political questions.
B) to a much lesser degree than Europeans.
C) only if there is no other alternative.
D) to resolve economic questions, but not political ones.
E) to provide a form of entertainment.

Question 16

Which of the following best describes the doctrine of stare decisis?

A) Higher courts can reverse lower court rulings.
B) Courts do not have jurisdiction in a case.
C) The court may refer a case to the next lowest court.
D) Judges must follow the precedents established by past decisions.
E) Judges must be guided by strict interpretation.

Question 17

Most American law is based on

A) the writings of Friedrich Engels.
B) the ideas of Thomas Paine.
C) Roman custom and tradition.
D) the English legal system.
E) the Bible.

Question 18

Which of the following courts has jurisdiction in cases involving diversity of citizenship or federal questions?

A) All courts
B) FISA Courts
C) Appeals courts
D) State courts
E) Federal courts

Question 19

Why do interest groups play an important role in our judicial system?

A) They veto judicial nominations.
B) They fund federal judges' campaigns.
C) James Madison defined what they do in The Federalist, No. 10.
D) They bring to trial cases of discrimination, civil liberties cases, and more than one-third of cases involving business matters.
E) They frequently are defendants in class-action suits.

Question 20

A lawsuit seeking damages for "all persons similarly situated" is called

A) a class-action suit.
B) an amicus curiae suit.
C) a writ of certiorari.
D) a criminal suit.
E) a procedural motion.

Question 21

What characterizes an opinion per curiam "by the court")?

A) When the Supreme Court's written opinion is unsigned
B) When a ruling is invalidated
C) When an opinion is ruled temporary, pending future decisions
D) When an opinion is valid only for academic use
E) When an opinion is an indication that the Court plans to review the case at a later date

Question 22

Once appointed to a judgeship, federal judges

A) cannot be removed from their position for any reason.
B) must face annual performance reviews.
C) must face recall elections every 4 years.
D) must face recall elections every 10 years.
E) hold that job for life.

Question 23

A dissenting opinion can be important because

A) it represents the position of the chief justice of the Supreme Court.
B) it is the statement of the defendant's attorney to the Court.
C) in criminal law it must be carried out by local police.
D) it often forms the basis of the arguments used later if the Court reverses the previous decision and establishes a new precedent.
E) it means that the case cannot be used as a precedent.

Question 24

A writ of certiorari by the Supreme Court orders

A) both parties in a case to reach agreement without further litigation.
B) state courts to abide by the decisions of the Supreme Court.
C) a lower court to send up the record of a case for review.
D) Congress to rewrite unconstitutional legislation.
E) that a prisoner be brought before the court and the reasons for the detention be provided.

Question 25

A Supreme Court justice who disagrees with the majority opinion may

A) ask the Court to hear the case again.
B) send the case back to a lower court.
C) may ask that the case be put aside to be reviewed at a later time.
D) write a dissenting opinion.
E) file an amicus curiae brief.

Question 26

The concept of senatorial courtesy refers to the

A) Senate approving judges only if they belong to the same party that is in control of the Senate.
B) practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in their state.
C) practice of allowing members of the House to participate in the nomination process.
D) practice of allowing a senator to veto a judicial appointment for federal district courts in his or her state.
E) Senate's deferring to the president and routinely approving his or her nominees.

Question 27

Which of the following is true regarding Barack Obama's appointments to the Supreme Court?

A) The appointments were Sonia Sotomayor and Elena Kagan.
B) The appointments changed the ideological balance of the Court.
C) The appointments included the third Hispanic on the Court.
D) The appointments were made possible by the retirements of Sandra Day O'Connor and David Souter.
E) The appointments were unable to be confirmed by the Senate.

Question 28

If a case is remanded, it

A) is sent to the supreme court of the state in question.
B) is sent back to the court that originally heard the case.
C) can only be of a civil nature-criminal cases cannot be remanded.
D) must be decided within the calendar year.
E) is not subject to any further action by the courts.

Question 29

If a case is affirmed, it

A) means the case cannot be appealed to a higher court.
B) is sent back to the court that originally heard the case.
C) means a court ruling is valid and must stand.
D) will result in a new trial for the defendant.
E) is accepted as a case that the U.S. Supreme Court will hear.

Question 30

A written opinion of the Supreme Court is best described as

A) a press release.
B) a recommendation to Congress.
C) advice to the President.
D) the Court's ruling on the issue presented, its reasoning, and applicable law.
E) a ruling when it hears oral arguments.

Question 31

All of the following are true of the Supreme Court EXCEPT

A) the Supreme Court's term begins on the first Monday in October.
B) of all the cases decided each year in U.S. courts, the number of cases reviewed by the Supreme Court represent less than one in four thousand.
C) decisions of the Supreme Court profoundly affect our lives.
D) the Supreme Court has never heard a case involving the issue of capital punishment.
E) the Supreme Court has decided cases involving freedom of speech, the right to bear arms, campaign finance, and abortion.

Question 32

The most common occupational background of Supreme Court justices at the time of their appointment has been

A) U.S. attorney general.
B) U.S. senator.
C) professors of law.
D) federal executive posts.
E) private legal practice or state or federal judgeship.

Question 33

Which of the following best describes the Supreme Court's rationale for deciding to hear a particular case?

A) They must select from a list of acceptable reasons for refusing a case, due to an act of Congress.
B) They have to explain their reasons to the President, but do not have to do so publicly.
C) They explain their reasons through press statements.
D) They must reveal their reasoning.
E) They never explain their reasons.

Question 34

All of the following are true about presidential appointments to the Supreme Court EXCEPT

A) presidents usually appoint people who belong to the president's political party.
B) presidents see their appointments as a way to institutionalize their political views long after they have left office.
C) President Obama's appointments to the Supreme Court changed the ideological balance of the Court.
D) President Bush appointed two justices to the Supreme Court.
E) President Clinton appointed many judges to the district and appeals courts.

Question 35

A procedure used by the Supreme Court in determining which cases it will hear is called , after the number of justices who must vote to grant a petition for review.

A) the rule of four
B) the gang of four
C) the sign of four
D) the rule of six
E) the sign of five

Question 36

Which of the following is true regarding Barack Obama's appointments to the Supreme Court?

A) The appointments did not change the ideological balance of the Court.
B) The appointments strengthened the rightward movement of the Supreme Court.
C) The appointments were two women.
D) The appointments were Harriet Miers and Samuel Alito.
E) The appointments were made possible by the death of two justices.

Question 37

Supreme Court justices are

A) appointed by the Senate.
B) elected every ten years.
C) appointed by the president.
D) confirmed by the House of Representatives.
E) elected in the same manner as federal court judges.

Question 38

Which of the following statements best describes the number of signed opinions issued by the Supreme Court each term in the twentieth century?

A) They have increased dramatically since the early 1950s.
B) They have hovered around 150 cases since the mid-1980s.
C) They have remained constant since the Civil War.
D) They dwindled notably since the 1980s.
E) They have fallen 50 percent since Barack Obama became president.

Question 39

Which of the following statements about appointments to federal appeals courts is true?

A) Appeals court judges are far more numerous than federal district court appointments.
B) Appeals court judges are usually selected because of their important position in state governments.
C) Appeals court judges are usually Senators.
D) Appeals court appointments are often "stepping­stones" to the Supreme Court.
E) Appeals court judges are less influential than federal district judges.

Question 40

In 2009, the Obama administration abolished

A) the Foreign Intelligence Surveillance Act.
B) the Anti-Terrorism and Effective Death Penalty Act.
C) the alien "removal courts."
D) the category of enemy combatant.
E) the Guantánamo prison, and released the prisoners.

Question 41

Is it legitimate that the United States Supreme Court possesses the power of judicial review? Why, or why not?

Question 42

Justices who believe in look to the "letter of the law" when they attempt to interpret the Constitution or a particular statute.

A) Democratic ideology
B) Republican ideology
C) judicial activism
D) broad construction
E) strict construction

Question 43

An issue that a court believes should be decided by the executive or legislative branch is an)

A) unpopular question.
B) ineligible question.
C) political question.
D) hypothetical question.
E) public question.

Question 44

Contrast the various sources of American law. Which of them can be said to prevail over all the others? Why?

Question 45

During its first term, the Roberts Court

A) accepted few controversial cases for review.
B) accepted many controversial cases for review.
C) began a leftward drift.
D) struck down a federal law banning partial-birth abortion.
E) struck down the use of lethal injection as an execution method.

Question 46

Given the current composition of the Supreme Court, in which ideological direction is it currently leaning? What evidence, based on recent decisions it has made, supports your answer?

Question 47

Which of the following best describes judicial activism?

A) The Supreme Court should review as many cases as they can.
B) The federal judiciary should actively check the activities of governmental bodies when they exceed their authority.
C) The Supreme Court exercises judicial review.
D) The courts should not play politics.
E) that the members of the Supreme Court should "go public" as much as possible.

Question 48

Describe how partisan politics affects the federal courts.

Question 49

When Sonia Sotomayor was appointed to the Supreme Court,

A) she became the second female Supreme Court justice ever appointed to the Court.
B) justices became more conservative in their ideological orientations.
C) the commerce clause was struck down by liberal justices.
D) she became the first Hispanic Supreme Court justice.
E) the Supreme Court lost its swing votes.

Question 50

Explain three ways in which the courts can be checked.

Question 51

Explain the process by which the United States Supreme Court decides to hear cases.

Question 52

Public opinion can serve as a check on the judiciary because

A) people have the ability to vote federal judges out of office if they do not approve of the rulings of the courts.
B) a court may lose stature if it decides a case in a way that markedly diverges from public opinion.
C) the Supreme Court typically polls the public as a basis for their decisions.
D) the president will veto a Supreme Court decision if it is politically unpopular.
E) Congress will override a decision of the Supreme Court with a majority vote in both houses.

Question 53

The Supreme Court's rulings can

A) never be overturned.
B) be enforced by the Court itself.
C) be overturned by constitutional amendment at the state level, but not at the federal level.
D) be overturned by constitutional amendments at both the federal and state levels.
E) be overturned by constitutional amendment and the federal level, but not at the state level.

Question 54

Describe the structure of the federal court system by describing the three levels of courts and what happens at each level.

Question 55

Should federal judges be elected, as in other branches of the Federal Government? Why or why not?

Question 56

Compare and contrast the theories of judicial activism and judicial restraint, and theories of strict construction and broad construction.

Question 57

In terms of judicial implementation or enforcement of Supreme Court rulings, the Court

A) has now acquired it own police force.
B) has no enforcement powers and depends on the cooperation of the other two branches of government to carry out its decisions.
C) does not make decisions that have to be enforced.
D) allows Congress to set up legislative review.
E) originally had enforcement powers, but those powers have since been eroded by federal legislation.

Question 58

The doctrine of rests on the assumption that the courts should defer to the decisions made by the legislative and executive branches.

A) judicial restraint
B) judicial activism
C) habeas corpus
D) the rule of four
E) stare decisis

Question 59

The power of the courts to determine whether a law or action is constitutional is called

A) judicial review.
B) appellate review of fact.
C) precedent.
D) the writ of judicial appeal.
E) habeas corpus.

Question 60

Explain how the United States Supreme Court decides cases and explains its decisions.