Deck 14: The Supreme Court: Deciding What to Decide
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Deck 14: The Supreme Court: Deciding What to Decide
1
If the Supreme Court decides to review a case, they issue:
A)a writ of certiorari
B)a writ of habeas corpus
C)a bill of attainder
D)a writ of jurisdiction
E)none of the above
A)a writ of certiorari
B)a writ of habeas corpus
C)a bill of attainder
D)a writ of jurisdiction
E)none of the above
A
2
The most common route by which cases come to the U.S.Supreme Court is by:
A)amicus curiae
B)certiorari
C)appeal
D)certification
A)amicus curiae
B)certiorari
C)appeal
D)certification
B
3
The unique position of the solicitor general stems from his/her involvement in which branch of government?
A)executive
B)judicial
C)legislative
D)b and c
E)a and b
A)executive
B)judicial
C)legislative
D)b and c
E)a and b
E
4
The major factor in determining whether a case involves a political question is:
A)the presence of political debate
B)its association with a political party
C)the perceptions of the justices who are sitting on the court at that time.
D)the activities of the president who is in office at the time
E)the unsettled nature of the law
A)the presence of political debate
B)its association with a political party
C)the perceptions of the justices who are sitting on the court at that time.
D)the activities of the president who is in office at the time
E)the unsettled nature of the law
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5
The appellate jurisdiction of the Supreme Court is determined by:
A)Congress
B)the Supreme Court
C)the Justice Department
D)the Constitution
A)Congress
B)the Supreme Court
C)the Justice Department
D)the Constitution
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6
Which of the following do federal courts NOT issue?
A)injunctions
B)advisory opinions
C)writs of mandamus
D)writs of habeas corpus
E)writs of appeal
A)injunctions
B)advisory opinions
C)writs of mandamus
D)writs of habeas corpus
E)writs of appeal
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7
Taxpayers suits against the government concerning tax expenditures are:
A)prohibited by the Constitution
B)prohibited by the Supreme Court
C)encouraged by the Supreme Court
D)rarely permitted by the Supreme Court
A)prohibited by the Constitution
B)prohibited by the Supreme Court
C)encouraged by the Supreme Court
D)rarely permitted by the Supreme Court
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8
Who represents the federal government before the Supreme Court?
A)the attorney general
B)the solicitor general
C)the secretary of justice
D)the chief justice
A)the attorney general
B)the solicitor general
C)the secretary of justice
D)the chief justice
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9
Under which of the following legal doctrines has the Court refused to hear challenges to American foreign policy?
A)political questions
B)taxpayers lawsuits
C)ripeness
D)class action
E)mootness
A)political questions
B)taxpayers lawsuits
C)ripeness
D)class action
E)mootness
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10
Which statement best describes doctrines of access:
A)they are clearly defined and largely inflexible
B)they grant the Supreme Court flexibility in deciding which cases the federal courts will hear
C)they vary little depending on the justices sitting on the court
D)they are largely based on the Constitution and legislative acts
A)they are clearly defined and largely inflexible
B)they grant the Supreme Court flexibility in deciding which cases the federal courts will hear
C)they vary little depending on the justices sitting on the court
D)they are largely based on the Constitution and legislative acts
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11
The "discuss list" is prepared by:
A)Congress
B)the chief justice
C)the clerk of court
D)the solicitor general
E)law clerks
A)Congress
B)the chief justice
C)the clerk of court
D)the solicitor general
E)law clerks
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12
The prime example of the U.S.Supreme Court's original jurisdiction is:
A)suits between citizens of difference states
B)a state challenging the constitutionality of a federal law
C)suits between two or more states
D)disbarment of attorneys
A)suits between citizens of difference states
B)a state challenging the constitutionality of a federal law
C)suits between two or more states
D)disbarment of attorneys
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13
When the Supreme Court issues a "collective" unsigned opinion in a case, its brief decision is referred to as:
A)amicus curiae opinion
B)per curium opinion
C)obiter dictum opinion
D)in forma pauperis opinion
E)mandamus opinion
A)amicus curiae opinion
B)per curium opinion
C)obiter dictum opinion
D)in forma pauperis opinion
E)mandamus opinion
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14
A writ of certiorari is issued by the Supreme Court only when:
A)a majority of justices vote for it
B)at least four justices vote for it
C)a unanimous Court supports it
D)the Solicitor General approves of it
E)none of the above
A)a majority of justices vote for it
B)at least four justices vote for it
C)a unanimous Court supports it
D)the Solicitor General approves of it
E)none of the above
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15
For a case to be heard by the U.S.Supreme Court it must:
A)raise a substantial federal question.
B)be certified by a three judge district panel.
C)be approved by the solicitor general.
D)involve a constitutional issue.
A)raise a substantial federal question.
B)be certified by a three judge district panel.
C)be approved by the solicitor general.
D)involve a constitutional issue.
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16
Which of the following has been found to be a "cue" in the Supreme Court deciding to hear a case?
A)the state is a party
B)the Solicitor General requests review
C)the case involves an issue of economic regulation
D)interest groups have not filed amicus
A)the state is a party
B)the Solicitor General requests review
C)the case involves an issue of economic regulation
D)interest groups have not filed amicus
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17
The name given to a petition to the Supreme Court by an indigent is termed:
A)in forma pauperis
B)assigned counsel
C)unpaid case
D)in forma curium
E)amicus curiae
A)in forma pauperis
B)assigned counsel
C)unpaid case
D)in forma curium
E)amicus curiae
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18
Prior to 1988, if a lower court declared an Act of Congress unconstitutional, the losing side might file which of the following with the Supreme Court:
A)writ of certification
B)writ of appeal
C)writ of certiorari
D)writ of curium
E)writ of chancery
A)writ of certification
B)writ of appeal
C)writ of certiorari
D)writ of curium
E)writ of chancery
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19
Lawyers that argue cases before the Supreme Court:
A)come from a wide variety of law firms
B)are mostly inexperienced at appellate argument
C)come mostly from a narrow circle of lawyers
D)are mostly the same ones who tried the case in the lower court
A)come from a wide variety of law firms
B)are mostly inexperienced at appellate argument
C)come mostly from a narrow circle of lawyers
D)are mostly the same ones who tried the case in the lower court
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20
The requirement of standing means that to sue in federal court one must demonstrate that he or she:
A)has contacted all similarly situated potential plaintiffs
B)can prove their case beyond a reasonable doubt
C)has tried to resolve the issue through the other branches of government
D)has been involved in an actual dispute.
A)has contacted all similarly situated potential plaintiffs
B)can prove their case beyond a reasonable doubt
C)has tried to resolve the issue through the other branches of government
D)has been involved in an actual dispute.
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21
Explain the difference between the Supreme Court's original and appellate jurisdiction?
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22
Another name for the Court's agenda is:
A)blue slip
B)docket
C)calendar
D)program
A)blue slip
B)docket
C)calendar
D)program
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23
Describe the Supreme Court's workload.
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24
What are two reasons why a Supreme Court justice might be reluctant to vote to consider a case?
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25
Of the many appeals which it receives each year, the Supreme Court typically accepts for review:
A)less than 100
B)between 100-150
C)between 150-200
D)over 200
A)less than 100
B)between 100-150
C)between 150-200
D)over 200
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26
The justices' ideological preferences are related to which cases get granted review by the Supreme Court.
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27
Former Supreme Court law clerks are barred from later arguing cases before the Supreme Court.
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28
Explain the difference between ripeness and mootness.
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29
The vast majority of the cases that come to the Supreme Court arise under their original jurisdiction.
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30
The number of paid cases heard submitted to the Supreme Court for review has been increasing rapidly over the past thirty years.
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31
Doctrines of access increase the workload of the Supreme Court.
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32
The concept of mootness requires that the court's decision must be able to grant some relief to the parties.
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33
Why are "doctrines of access" political?
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34
Compare and contrast the influence of lawyers, interest groups and the Solicitor General in getting a case heard by the Supreme Court.
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35
Why is Roe v.Wade (1973) a useful decision for considering the scope of the Supreme Court's political power?
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36
Explain the rule of four and why it is important in considering which cases the Supreme Court places on its docket.
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