Deck 15: The Federal Judiciary

Question 1

The ability to hear a case from its origin and to establish the facts pertaining to it, including conducting a trial and rendering a verdict, is known as

A)original jurisdiction.
B)appellate jurisdiction.
C)intermediary jurisdiction.
D)ultimate jurisdiction.

Answer 1

A

Question 2

Which of the following best describes the federal judicial selection process?

A)The president selects a nominee and the Senate votes to confirm the nomination.
B)A judicial selection committee recommends candidates to the Senate, which then confirms them.
C)The people vote for candidates in primaries and general elections, then the House confirms the election.
D)Candidates with extensive legal and judicial experience submit applications and then attend selection hearings in both houses of Congress.

Answer 2

A

Question 3

Marbury v.Madison (1803)was the Supreme Court decision that established

A)judicial review over federal laws.
B)the U.S. district court system.
C)the authority of U.S. courts of appeal.
D)the supremacy of U.S. laws over state laws.

Answer 3

A

Question 4

The powers of the federal judiciary are outlined in which part of the Constitution?

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

Question 5

In Federalist 78, Alexander Hamilton sought to reassure skeptical Antifederalists by arguing that the judiciary

A)was designed to interpret and not make laws with weak oversight power.
B)was a limited branch of government with no power to overturn a law.
C)would be impartial and, compared to the other two branches, its power would be weak.
D)would not use its law-enforcement powers against the people and would uphold and interpret laws.

Question 6

According to the text, the two questions about the federal judiciary that arise at a deeper level are:

A)(1)how political is it? and (2)how powerful is it?
B)(1)how important is it? and (2)how necessary is it?
C)(1)what is its role? and (3)what authority should it have?
D)(1)what is its relationship to Congress? and (2)how should it exercise its authority?

Question 7

In comparison to the president's power of the sword and Congresses' power of the purse, Hamilton saw the judiciary as exercising the power of

A)judgment.
B)enforcement.
C)the law.
D)tradition.

Question 8

Delegates to the Constitutional Convention agreed that the judicial branch would be the ______ of the three branches of government.

A)weakest
B)least important
C)strongest
D)most important

Question 9

The highest level of the federal judiciary, which also acts as the highest court in the land, is

A)the United States District Court.
B)the United States Specialty Court.
C)the United States Court of Appeals.
D)the United States Supreme Court.

Question 10

According to public law scholar Alexander Bickel, judicial review acts as a ______ force in our system.

A)countermajoritarian
B)superminority
C)ultramoderian
D)antidemocratic

Question 11

In order to "flesh out the nature and organization of the nation's system of courts," Congress passed

A)the Judicial Review Act of 1802.
B)the District Courts Act of 1790.
C)the Inferior Courts Act of 1787.
D)the Judiciary Act of 1789.

Question 12

Sonya Sotomayor was considered by many to be the "riskiest choice" for Supreme Court nominee because of her public remarks on the

A)"conservative" court and its impact on the progressive movement.
B)importance of identity and personal history in judicial decision making.
C)need for more liberal decision makers in the U.S. Courts of Appeal.
D)unbalanced and unfair justice system with regard to racial equity.

Question 13

When the court upholds a law, it is seen as giving

A)authority.
B)esteem.
C)approval.
D)consideration.

Question 14

The question of ______ for members of the judiciary remained unresolved until late in the convention.

A)apportionment
B)salary
C)appointment
D)term in office

Question 15

Which of the following is the only part of the federal judiciary actually mentioned in the Constitution?

A)United States District Courts
B)United States Courts of Appeals
C)United States Specialty Courts
D)United States Supreme Court

Question 16

When a court examines a law and applies the Constitution to determine whether the law or any part of it is in conflict with the Constitution, the process is best described as

A)judicial review.
B)Constitutional interpretation.
C)judicial implementation.
D)Constitutional examination.

Question 17

The role of the federal judiciary is to

A)execute and implement the laws of Congress.
B)enforce and undertake ordinance law.
C)interpret and apply the laws of the nation.
D)act as the ultimate guardian of the Constitution.

Question 18

Many antifederalists feared

A)a system whereby elites would be exempt from justice and the poor would be unfairly punished.
B)a weak judiciary would be unable to defend the rights of the common citizen and the states.
C)the lack of specificity in Article III of the Constitution might lead to an all-powerful court system.
D)the subjugation of individual and states' rights by an increasingly powerful judiciary.

Question 19

After trial, a defendant is not satisfied with the outcome of his/her case and hires an attorney to request a review of the case, its verdict, and its sentence.A higher court agrees to review the case.This court most likely has

A)original jurisdiction.
B)appellate jurisdiction.
C)intermediary jurisdiction.
D)ultimate jurisdiction.

Question 20

The authority of the highest court in a political system to determine if a law is or is not in conflict with that government's highest law (the Constitution)is defined as

A)judicial authority.
B)judicial appointment.
C)judicial review.
D)judicial jurisdiction.

Question 21

The category of law that covers cases involving private rights and relationships between individuals and groups is

A)civil law.
B)Constitutional law.
C)criminal law.
D)appellate law.

Question 22

Actions determined to harm the community itself, such as committing an act of violence against another person, are considered the jurisdiction of

A)civil law.
B)Constitutional law.
C)criminal law.
D)appellate law.

Question 23

If found "not guilty," criminal defendants are protected from being tried for the same crime again under the ______ clause of the Constitution (Article V).

A)free exercise
B)double jeopardy
C)self-testimony
D)establishment

Question 24

Most criminal cases are resolved through

A)trial and punishment.
B)admission of guilt.
C)plea bargaining.
D)civil settlements.

Question 25

As of 2016, in several states, an adult may lawfully use marijuana recreationally according to state law.In the federal courts, this would be considered

A)a civil tort.
B)a criminal offense.
C)a matter for the state.
D)a Constitutional matter.

Question 26

Cases that make their way from the state courts to the federal courts generally involve questions arising under

A)the criminal law system.
B)the civil law system.
C)the United States Constitution.
D)the direct appeals process.

Question 27

In 1992, an all-white California jury found four white Los Angeles police officers not guilty of assaulting Rodney King during a traffic stop.Which of the following happened next?

A)charges were refiled at the state level
B)new charges were filed at the state level
C)new charges were filed at the federal level
D)the officers went free due to the double-jeopardy clause

Question 28

In an adversarial system of justice, the person who brings the case is known as the ______.

A)plaintiff
B)petitioner
C)defendant
D)respondent

Question 29

Constitutional courts refer to courts Congress was authorized to create under ______ of the Constitution.

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

Question 30

Legislative courts are created under Congress's authority in ______ of the Constitution.

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

Question 31

The right to a "speedy public trial by an impartial jury," the right to confront witnesses, and the right to the assistance of an attorney are all guaranteed in ______ of the Constitution.

A)Article III
B)Article VI
C)Amendment V
D)Amendment VI

Question 32

In an adversarial system of justice, the person or group against whom a case is brought in court is known as the

A)plaintiff
B)petitioner
C)defendant
D)respondent

Question 33

Amendment VIII to the Constitution protects against

A)double jeopardy.
B)self-incrimination
C)unreasonable search and seizure.
D)cruel and unusual punishment.

Question 34

When the court fails to weigh in on the constitutionality of a law, state constitution, or action, it is essentially

A)upholding Congressional authority.
B)preserving judicial legitimacy.
C)making a quasi-judicial decision.
D)enforcing existing statutory law.

Question 35

The dual systems of federal and state court share in common which of the following traditions?

A)judicial supremacy
B)Constitutional authority
C)an adversarial system of justice
D)ultimate authority over the laws within their jurisdiction

Question 36

Under ______ of the Constitution, criminal defendants have the right not to testify against themselves.

A)Article III
B)Article VI
C)Amendment V
D)Amendment VI

Question 37

In a criminal case, the plaintiff is always

A)the state or federal government.
B)the injured party.
C)the petitioner.
D)the offending party.

Question 38

How many courts of appeals are in the federal judicial system?

A)6
B)8
C)13
D)25

Question 39

At the bottom level of the constitutional court system are the

A)legislative courts.
B)federal district courts.
C)federal courts of appeal.
D)U.S. Supreme Court.

Question 40

The middle level of the constitutional courts is occupied by the

A)legislative courts.
B)federal district courts.
C)federal courts of appeal.
D)U.S. Supreme Court.

Question 41

Legal documents presented by plaintiffs, defendants, and, at times, other interested parties outlining their arguments in writing are best described as

A)memos.
B)petitions.
C)briefs.
D)writs.

Question 42

The Supreme Court has original jurisdiction over which of the following cases?

A)appeals filed in state courts making their way from state supreme courts
B)all civil cases (both state and federal)regardless of court of origin
C)all cases affecting ambassadors, ministers, and consuls or when a state is a party
D)All federal appellate cases must be heard by the U.S. Supreme Court at some point.

Question 43

At the top of the federal judicial system is/are the

A)legislative courts.
B)federal district courts.
C)federal courts of appeal.
D)U.S. Supreme Court.

Question 44

the process of ordering the records of a case from the lower court is nicknamed

A)"granting cert."
B)"initiating appeal."
C)"exerting authority."
D)"wielding the gavel."

Question 45

The side that loses in a federal appellate court has the right to petition ______ for a possible appeal.

A)an appeals court in another circuit
B)the U.S. Supreme Court
C)state supreme courts
D)the legislative courts

Question 46

An especially important filer of amici curiae is the United States

A)attorney general.
B)president.
C)Congress.
D)solicitor general.

Question 47

Which of the following cases may begin in the federal judiciary?

A)those in which the federal government is a party in a dispute
B)civil suits involving parties from two different states in which the money in question exceeds $75,000
C)cases that involve a federal question that includes cases involving an alleged violation of civil rights
D)all of these

Question 48

Almost all petitions from the lower courts to have their cases heard by the Supreme Court are

A)approved.
B)reviewed.
C)denied.
D)retried.

Question 49

An interested party (such as an interest group)may submit its opinions to the Court in the form of a(n)

A)habeas corpus writ.
B)amicus curiae brief.
C)mandamus petition.
D)corpus juris memo.

Question 50

While the Constitution offers little guidance on which cases the Supreme Court does or does not take, justices have adopted the custom of

A)judicial accommodation.
B)the band of six.
C)the rule of four.
D)judicial necessity.

Question 51

The Supreme Court (when no seats are vacant)generally consists of ______ justices.

A)6
B)9
C)12
D)15

Question 52

About what percentage of all petitions does the Supreme Court hear per year?

A)less than 1%
B)between 5 and 10%
C)between 15 and 30%
D)between 50 and 75%

Question 53

The modern Supreme Court receives, on average, between ______ and ______ petitions from lower courts per year.

A)1,000 | 3,000
B)5,000 | 7,000
C)8,000 | 9,000
D)10,000 | 12,000

Question 54

The federal district courts are responsible for

A)finding facts and delivering opinions on a case.
B)determining questions of constitutionality.
C)analyzing the appropriateness of criminal punishments.
D)how the decision of the court was rendered within the context of the law.

Question 55

After hearing a case, an appeals court may

A)confirm the original court's ruling, reverse the decision, or remand the case to a lower court.
B)decide to hear new testimony, reverse the decision of the lower court, or institute a new decision.
C)overturn the lower court's ruling, confirm the court's decision, or allow for new evidence.
D)hear direct testimony, make a judicial decision, or determine appropriate punishment.

Question 56

The most important factor in the decision to grant or deny a writ of certiorari in a case is whether the case presents a

A)challenge to the Constitution or the Bill of Rights.
B)federal question.
C)confusion about or alternate presentation of the law.
D)risk to civil liberties.

Question 57

In addition to certain technical requirements, a petitioner to the Supreme Court must demonstrate that he/she has ______, which involves demonstrating an actual imminent harm from a law or action in question.

A)clearance
B)standing
C)authority
D)jurisdiction

Question 58

An appellate court focuses on

A)finding facts and delivering opinions on a case.
B)determining questions of Constitutionality.
C)analyzing the appropriateness of criminal punishments.
D)how the decision of the court was rendered within the context of the law.

Question 59

If the Supreme Court decides to hear a case, it issues a(n)

A)brief of understanding.
B)writ of certiorari.
C)petition for habeas corpus.
D)announcement of decision.

Question 60

In addition to considering federal questions, an important element of a case is

A)challenge to the Constitution or the Bill of Rights.
B)federal question.
C)confusion about or alternate presentation of the law.
D)risk to civil liberties.

Question 61

Once decided, the Court issues its decision in the form of a

A)written opinion.
B)oral briefing.
C)public forum.
D)national debate.

Question 62

The legal doctrine that requires justices to follow precedents set before them is called

A)amicus curiae.
B)corpus juris.
C)stare decisis.
D)habeas corpus.

Question 63

The first and potentially biggest worry in considering the power and use of judicial review derives from the fact that Supreme Court justices

A)often lack judicial experience.
B)are not elected.
C)do not have legislative authority.
D)are allowed to make policy.

Question 64

A judicial decision that guides future courts in handling similar cases is known as

A)precedent.
B)jurisdiction.
C)mandamus.
D)corpus juris.

Question 65

The model that focuses on the political actions of individual justices as they try to make the best use of personal and official resources in order to obtain a specific set of policy objectives is called the

A)strategic model.
B)classical model.
C)legal model.
D)attitudinal model.

Question 66

The legal model focuses on which of the following?

A)considering the impact of a judicial decision on all parties involved
B)focusing on applying law to the facts of a case, including past decisions
C)negating past decisions and attempting to set a new legal precedent
D)evaluating both sides of a case and determining the optimal decision

Question 67

When the plaintiffs and defendants in a case appear before the Supreme Court, they must present

A)direct testimony.
B)oral arguments.
C)official witnesses.
D)important evidence.

Question 68

Which of the following decisions is considered binding?

A)the minority opinion
B)the majority opinion
C)the concurring opinion
D)the dissenting opinion

Question 69

By upholding the constitutionality of laws and adding legitimacy in the minds of the American public to those laws passed by Congress, the Court risks

A)allowing the exercise of powers not granted to it in the Constitution.
B)asserting undue influence over the people themselves.
C)confirming and implementing the tyranny of the minority.
D)giving a stamp of approval to the tyranny of the majority.

Question 70

The process through which the political and policy preferences of individual justices shape their votes on cases rather than a neutral weighing of the facts and the law is described as the

A)strategic model.
B)classical model.
C)legal model.
D)attitudinal model.

Question 71

The problem of countermajoritarianism occurs when

A)the Supreme Court exercises judicial control against the prevailing majority.
B)Congress passes a law that is then upheld by the Supreme Court.
C)the president is unable to get his/her nominee through the Senate confirmation process.
D)the people appeal to the courts through briefs and arguments but are not given standing.

Question 72

Those justices that voted with the minority and who disagree with the majority opinion may wish to issue a(n)

A)amicus curiae brief.
B)concurring opinion.
C)dissenting opinion.
D)minority opinion.

Question 73

Following oral arguments, cases in the Supreme Court proceed to

A)stare decisis.
B)legal discussion.
C)judicial conference.
D)public debate.

Question 74

Those who argue that justices should be willing to step in and overturn laws when they see a need to are described as supporting

A)judicial restraint.
B)countermajoritarianism.
C)judicial activism.
D)legal policymaking.

Question 75

Which of the following is a Constitutional requirement for becoming a Supreme Court justice?

A)prior legal argument and trial experience
B)prior experience in the federal district courts
C)prior experience in the federal appeals courts
D)there are no requirements for a Supreme Court justice

Question 76

Those who argue that the Court should use the power of judicial review only rarely and, when possible, defer to the judgment of the legislative and executive branches in decisions they have made are considered proponents of

A)judicial restraint.
B)countermajoritarianism.
C)judicial activism.
D)legal policymaking.

Question 77

Which of the following are more apt to witness direct presidential involvement in the nomination process?

A)legislative courts
B)bankruptcy courts
C)district courts
D)courts of appeal including the Supreme Court

Question 78

While the Supreme Court and the rest of the federal judiciary cannot act as unilateral policy makers, their unique position in the nation and the federal government gives them a unique ability to aid in

A)setting the national agenda.
B)determining the course of future laws.
C)examining the current political context.
D)reviewing the authority of the legislative branch.

Question 79

Many argue that by acting as a safety valve against poor, factious, or tyrannical legislation, the Supreme Court might actual make unwanted legislative outcomes more likely.This is described as the problem of

A)ethical constraint.
B)moral hazard.
C)unforeseen security.
D)adapted judicialism.

Question 80

Federal judges serve for ______, assuming good behavior.

A)four years
B)six years
C)eight years
D)life