Deck 13: Courts Judicial Politics

Question 1

Which body or office must confirm all federal judges?

A)House of Representatives
B)Supreme Court
C)Senate
D)president

Answer 1

C

Question 2

How many justices currently serve on the Supreme Court?

A)five
B)six
C)twelve
D)nine

Answer 2

D

Question 3

What is the name given to the power of the courts to interpret,and overturn,the actions of the executive and legislative branches?

A)original jurisdiction
B)strict construction
C)judicial review
D)precedent

Answer 3

C

Question 4

In the federal court system,which jurisdiction represents where cases generally begin and are initially decided?

A)trial
B)appellate
C)original
D)constitutional

Question 5

Which article of the U.S.Constitution declares that the Constitution is the "supreme law of the land"?

A)Article VII
B)Article III
C)Article VI
D)Article II

Question 6

To bring an issue into court as a case,individuals or firms or interest groups must have __________; that is,they must be directly harmed by a law or action.

A)a class action
B)a plea bargain
C)judicial restraint
D)standing

Question 7

How many levels does the federal judiciary have?

A)two
B)six
C)four
D)three

Question 8

The ancient legal doctrine of __________ means that one cannot sue the government without the government's consent.

A)common law
B)judicial law
C)sovereign immunity
D)class action

Question 9

Which of the following appoints U.S.federal judges?

A)president
B)vice president
C)chief justice
D)Senate

Question 10

For a case to be heard in the Supreme Court,a minimum of how many justices must vote to hear the case?

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

Question 11

Which of the following is the authority vested in a particular court to hear and decide the issues in a particular case?

A)jurisdiction
B)judicial review
C)jurisprudence
D)confirmation

Question 12

In which of the following cases did the Supreme Court first claim the right of judicial review?

A)Chishom v.Georgia
B)Brown v.Board of Education
C)United States v.Nixon
D)Marbury v.Madison

Question 13

Which of the following brings the case before the court in civil cases?

A)defendant
B)prosecutor
C)district attorney
D)plaintiff

Question 14

Which type of case concerns the violation of the legal rights of one individual toward another?

A)civil
B)original
C)trial
D)appellate

Question 15

The __________ Act of 1789 established the basic three-tiered structure of the federal court system.

A)Federal Courts
B)Appellate
C)Confirmation
D)Judiciary

Question 16

Which of the following represents the federal government in the Supreme Court?

A)attorney general
B)president
C)Speaker of the House
D)solicitor general

Question 17

A writ of __________ is a request submitted to the U.S.Supreme Court to review a lower court decision.

A)mandamus
B)prohibition
C)capias
D)certiorari

Question 18

Following oral arguments,the justices gather for a __________,during which they discuss the case and cast preliminary votes.

A)conference
B)meeting
C)hearing
D)review

Question 19

When a case is granted review in an appellate court,the parties submit written __________ presenting their arguments.

A)ledgers
B)motions
C)briefs
D)opinions

Question 20

Which Article of the Constitution created the federal judiciary?

A)Article III
B)Article II
C)Article VI
D)Article I

Question 21

Only a(n)__________ court can review the decisions of a lower court.

A)trial
B)original
C)administrative
D)appellate

Question 22

According to Table 13.2 in the text,Senate Confirmation Votes on Supreme Court Nominations Since 1950,the Senate refused to confirm the nomination of which of the following to the Supreme Court in 1987?

A)Antonin Scalia
B)Harlan Fiske
C)Earl Warren
D)Robert Bork

Question 23

Which of the following is an opinion written by a justice in the majority that outlines additional considerations he or she thinks are important?

A)concurring
B)en banc
C)majority
D)per curiam

Question 24

During their presidencies,Ronald Reagan and George H.W.Bush were able to fill what percent of the federal district and appellate court judgeships?

A)10
B)20
C)70
D)50

Question 25

A(n)__________ brief is submitted by someone who is not a party to the case.

A)amicus curiae
B)appellate
C)habeas corpus
D)outsider

Question 26

The authority to be the first court to hear a case is which type of jurisdiction?

A)appellate
B)constitutional
C)federal
D)original

Question 27

Proponents of which of the following believe that judges should use their power broadly to further justice?

A)judicial restraint
B)judicial constructionism
C)judicial activism
D)judicial originalism

Question 28

What are the two types of jurisdiction courts can have?

A)original and appellate
B)trial and appeals
C)constitutional and statutory
D)active and restrained

Question 29

According to Table 13.2,Senate Confirmation Votes on Supreme Court Nominations Since 1950,which president had the highest number of Supreme Court justices confirmed?

A)Dwight Eisenhower
B)John Kennedy
C)William Clinton
D)Richard Nixon

Question 30

According to Marbury v.Madison,which clause implies the power of judicial review?

A)necessary and proper
B)due process
C)precedential
D)supremacy

Question 31

How does the Constitution guarantee an independent judiciary?

A)Judges are elected for life.
B)Judges are appointed for limited terms.
C)Judges are appointed for life.
D)Judges are elected for limited terms.

Question 32

In which courts are the vast majority of all cases tried?

A)federal
B)supreme
C)constitutional
D)state

Question 33

The ruling in which of the following cases struck down state-mandated segregation in public schools?

A)Gideon v.Wainwright
B)McCulloch v.Maryland
C)Brown v.Board of Education
D)Marbury v.Madison

Question 34

Where do appeals from state supreme courts go in the judiciary system?

A)state appeals courts
B)federal district courts
C)federal circuit courts
D)the U.S.Supreme Court

Question 35

In which federal courts are trials conducted?

A)circuit
B)district
C)common
D)original

Question 36

Who attempted to expand the number of Supreme Court justices in 1937?

A)Chief Justice Warren
B)President Hoover
C)Chief Justice Marshall
D)President Roosevelt

Question 37

Courts provide a statement of the legal reasoning behind their decisions in written __________.

A)briefs
B)arguments
C)opinions
D)laws

Question 38

Which of the following is within the original jurisdiction of the Supreme Court?

A)federal criminal matters
B)tax disputes
C)military tribunals
D)controversies between the states

Question 39

To "grant certiorari," the Supreme Court relies on its __________.

A)judicial implementation
B)rule of execution
C)amicus curiae
D)rule of four

Question 40

Federal judges are appointed to __________ terms.

A)two-year
B)three-year
C)life
D)ten-year

Question 41

In a process known as __________,presidents generally allow senators from the state in which a judicial vacancy occurs to block the nomination.

A)advice and consent
B)presidential deference
C)judicial review
D)senatorial courtesy

Question 42

Which of the following is an example of a court of original jurisdiction?

A)Court of Military Appeals
B)the U.S.Solicitor General
C)state courts
D)U.S.circuit courts

Question 43

How many courts of appeals are in the federal system?

A)two
B)six
C)thirteen
D)twelve

Question 44

Based on Figure 13.1,"Structure of Federal Courts," which of the following has no original jurisdiction?

A)the Supreme Court
B)U.S.District Court for the Eastern District of California
C)U.S.District Court for the Northern District of Ohio
D)U.S.Court of Appeals for the Ninth Circuit

Question 45

Which of the following limits judicial power?

A)judicial review
B)judicial activism
C)stare decisis/precedent
D)constitutional courts

Question 46

As of 2012,how many African Americans have served on the U.S.Supreme Court?

A)three
B)five
C)one
D)two

Question 47

Who or what represents the supreme law of the land,according to Article VI?

A)the president
B)the attorney general
C)the solicitor general
D)the Constitution

Question 48

Which of the following can modify a decision of the Supreme Court?

A)executive order
B)federal statute
C)lower court decision
D)constitutional amendment

Question 49

What type of law governs relationships between individuals and defines their legal rights?

A)positive
B)civil
C)criminal
D)constitutional

Question 50

Based on historical trends,which of the following is most likely to be appointed to the Supreme Court?

A)A fifty-five-year-old Caucasian man with a successful private law practice,but no judicial experience.
B)A thirty-eight-year-old Hispanic man with ten years' experience on a state trial court.
C)A fifty-two-year-old Caucasian woman with fifteen years' experience on the 5th Circuit Court of Appeals.
D)A fifty-eight-year-old Arab-American man with five years' experience as a district court judge.

Question 51

Who is generally considered to be the swing vote on the Roberts Court?

A)John Roberts
B)Elena Kagan
C)Ruth Bader Ginsburg
D)Anthony Kennedy

Question 52

All federal judicial nominations are first referred to which of the following for a hearing?

A)House Judiciary Committee
B)Senate Nominations Committee
C)Supreme Court
D)Senate Judiciary Committee

Question 53

Which of the following protects the independence of the federal judiciary?

A)Federal judges serve a twenty-year term and cannot be removed during that term.
B)The salary of federal judges cannot be reduced during their tenure.
C)Federal judges cannot be impeached for any reason.
D)The votes of individual judges are secret from the public.

Question 54

The conference of the U.S.Supreme Court is __________.

A)open to the justices and the public
B)limited to the justices themselves
C)open to the justices and other court staff
D)open to the justices and the president

Question 55

When the U.S.Supreme Court agrees to hear a case appealed to it from a circuit court,it is exercising its __________ jurisdiction.

A)original
B)constitutional
C)mandatory
D)appellate

Question 56

If a judge believes that she should only strike down laws that clearly violate the Constitution,she likely believes in which of the following?

A)judicial activism
B)judicial conservatism
C)judicial originalism
D)judicial restraint

Question 57

A court that hears and weighs evidence in order to reach the first decision in a civil or criminal case is a court of __________ jurisdiction.

A)appellate
B)constitutional
C)trial
D)original

Question 58

According to the doctrine of __________,a court should not overturn precedent unless it is absolutely necessary.

A)original intent
B)judicial review
C)stare decisis
D)prior restraint

Question 59

In court rulings,reliance on past decisions to formulate decisions in new cases is known as which of the following?

A)per curiam
B)stare decisis
C)coram nobis
D)amicus curiae

Question 60

To which of the following does Article III give the power to create inferior federal courts?

A)Congress
B)the president
C)the Supreme Court
D)the states

Question 61

The argument for judicial self-restraint is that federal judges are elected by the people and therefore should substitute their own views for the views of elected representatives.

Question 62

Litigants have an automatic right of appeal to the Supreme Court.

Question 63

A life term enables federal judges to decide cases based on __________ without concern for the popularity of the decision.

A)judicial review
B)original intent
C)judicial restraint
D)their merits

Question 64

If North Dakota sues South Dakota,the case will be heard by the __________.

A)Appellate Court
B)U.S.Solicitor General
C)state courts
D)Supreme Court

Question 65

The idea behind judicial __________ is that judges should not read their own philosophies into the Constitution and should avoid direct confrontations with Congress,the president,and the states whenever possible.

A)activism
B)review
C)confirmation
D)self-restraint

Question 66

The Judiciary Act of 1789 established the federal circuit courts and district courts.

Question 67

The justices meet in a closed conference __________ a week when the court is hearing oral arguments.

A)once
B)twice
C)three times
D)four times

Question 68

The U.S.government's chief legal counsel,presenting the government's arguments in cases in which it is a party or in which it has an interest.

A)special prosecutor
B)Chief Justice
C)independent counsel
D)solicitor general

Question 69

__________ juries consider evidence in order to determine whether to indict a criminal defendant.

A)Petit
B)District court
C)Grand
D)Civil

Question 70

__________ jurisdiction gives a court the power to review the decisions of lower courts.

A)Appellate
B)State
C)Original
D)Federal

Question 71

The district courts are appellate courts.

Question 72

In order for a case to be heard by the Supreme Court,at least __________ justices must vote to hear the case.

A)two
B)three
C)four
D)a majority

Question 73

Article III specifies the powers of the Supreme Court.

Question 74

John believes that his neighbor is going to build a new fence that will block all the sunlight coming onto his property and destroy his prizewinning rosebushes.John has seen the plans for the fence and has been told by several other neighbors that the fence will be built within the next three months.Can John file suit against his neighbor at this time? Why or why not?

A)No.Damage to John's rosebushes is not considered an actual,personal harm and therefore not ripe for judicial review.
B)Yes.Building any sort of fence between neighbors,if not agreed upon by both neighbors,is a situation for judicial review.
C)No.John has not yet suffered an actual injury; therefore,his case is not yet ripe for judicial consideration.
D)No.John has not heard directly from the neighbor who intends to build the fence and so cannot sue until he gets confirmation that the fence will be built.

Question 75

In a __________ case,courts enforce contracts and award damages to victims of negligence.

A)Grand Jury
B)civil
C)Supreme Court
D)criminal

Question 76

A __________ jury is called to determine guilt or innocence.

A)petit
B)district court
C)Grand
D)civil

Question 77

__________ have the power to review the decisions of __________.

A)State courts; the Supreme Court
B)Federal courts; state courts
C)Grand juries; federal courts
D)State courts; federal courts

Question 78

In judicial philosophy,what is the belief that courts should interpret the Constitution as the Framers wrote and originally intended it?

A)interpretation of justice
B)judicial activism
C)judicial review
D)original intent

Question 79

Nominees to the federal district courts are selected through a process of __________ with __________.

A)Senate appointment; judicial review
B)presidential appointment; Senate confirmation
C)judicial appointment; Senate confirmation
D)Senate appointment; presidential confirmation

Question 80

The Supreme Court,circuit courts,and district courts are all types of __________.

A)U.S.Courts of Appeal
B)appellate courts
C)federal constitutional courts
D)U.S.Courts of Federal Claims