Deck 9: The Federal Courts

Question 1

In civil cases, most litigation is brought in the

A)federal district courts.
B)federal circuit courts.
C)U.S.Supreme Court.
D)courts established by the state in which the activity in question took place.
E)judicial venue most likely to produce an unbiased jury for the issue in question.

Answer 1

D

Question 2

Administrative law is a subset of what category of law?

A)civil law
B)criminal law
C)public law
D)bureaucratic law
E)presidential law

Answer 2

C

Question 3

Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to deliver raw materials at a specified time, causing Smith to lose business.Smith asks the Court to order Jones to pay compensation for damage that was allegedly suffered.This is an example of a typical __________ case.

A)public law
B)natural law
C)criminal
D)contract
E)tort

Answer 3

D

Question 4

What is the difference between the Supreme Court's original jurisdiction and its appellate jurisdiction?

A)Cases in the original jurisdiction are decided by the judges themselves, while cases in the appellate jurisdiction are resolved by Supreme Court clerks.
B)Cases in the Court's original jurisdiction receive a full oral argument and written opinion, while appellate cases are decided without oral argument, vote tally, or written opinion.
C)The Court's original jurisdiction consists of issues considered during the first 10 years of its history, while its appellate jurisdiction is every new issue considered since 1798.
D)Cases in the Court's original jurisdiction go directly to the Court, while cases in its appellate jurisdiction go to state or lower federal courts first.
E)Cases in the original jurisdiction are brand-new legal topics for the court to consider, while cases in the appellate jurisdiction are resolved by the application of precedents.

Question 5

This is the doctrine whereby a previous decision by a court applies as a precedent in similar cases until the decision is overruled.

A)status quo bias
B)path dependency
C)common law
D)habeas corpus
E)stare decisis

Question 6

Which of the following is a major form of public law?

A)tort law
B)contract law
C)stare decisis
D)criminal law
E)constitutional law

Question 7

One of the foundations of judicial independence in the United States is

A)judicial review.
B)independent elections.
C)judicial self-funding through user fees.
D)the federal bailiff force.
E)immunity from impeachment.

Question 8

Cases in which a plaintiff or defendant seeks to show that his or her case involves the government's misuse of powers or abuse of citizens' rights as defined under the Constitution or by statute are called __________ law.

A)civil
B)public
C)criminal
D)international
E)tort

Question 9

Why does the history principle apply to the judicial branch more than the other two branches of the federal government?

A)Judges typically serve much longer careers than members of Congress or executive branch employees.
B)Judges tend to favor plaintiffs from their home districts, so the location of federal courts has a long-term effect on local economies.
C)Courts rely on precedents from previous decisions to guide current questions.
D)The Supreme Court's small size makes it more resistant to changes in process or ideology.
E)The practice of wearing black robes socializes judges into respect for the English heritage of the common law.

Question 10

Cases involving disputes among individuals (or between individuals and the government) in which the losers may be required to pay monetary damages for their actions but not fined or sent to prison are classified as __________ law.

A)civil
B)public
C)criminal
D)international
E)natural

Question 11

Under what authority does the U.S.military operate its own court system that governs the behavior of men and women in uniform?

A)Defense Judiciary System
B)Military Tribunal Authority
C)Circuit of Defense Magistrates
D)Uniform Code of Military Justice
E)Federal Circuit Court

Question 12

Ninety-nine percent of all court cases are heard in which of the following venues?

A)the Supreme Court
B)state and local courts
C)federal district courts
D)federal appellate courts
E)military tribunals

Question 13

Under which condition would a criminal case enter the realm of public law?

A)if the plaintiff appeals to a higher court
B)if the plaintiff waives the right to a jury trial
C)if the defendant is found not to have standing
D)if the defendant claims that constitutional rights were violated
E)if the losing party in federal court appeals to a state court

Question 14

The two most common types of civil cases involve

A)contracts and torts.
B)robbery and murder.
C)traffic offenses and mail fraud.
D)tax evasion and illegal drugs.
E)illegal drugs and petty thievery.

Question 15

Cases in which the government (as plaintiff) charges an individual with violating a statute that has been enacted to protect the public health, safety, morals, or welfare are classified as __________ law.

A)civil
B)public
C)criminal
D)international
E)common

Question 16

In the United States, the basis for the authority of judges is

A)Congress.
B)authorizing laws for the Department of Justice.
C)their electoral base.
D)the Constitution and laws.
E)the Judicial Conference of the United States.

Question 17

In a medical malpractice case, an individual alleges that he or she has been injured by another's negligence or malfeasance.Medical malpractice cases, such as this one, involve which kind of law?

A)tort
B)contract
C)criminal law
D)public law
E)natural law

Question 18

Most criminal cases are heard in

A)the Supreme Court.
B)state and local courts.
C)federal district courts.
D)federal appellate courts.
E)arbitration outside of the court system.

Question 19

If a defendant is convicted of robbery in a state trial court, he or she may challenge the outcome in a higher court, such as

A)the same court where it was previously heard.
B)a different state trial court.
C)a secondary state court.
D)a tertiary state court.
E)a state court of appeals.

Question 20

The court that initially hears a criminal or civil case is the __________ court.

A)trial
B)circuit
C)original
D)appellate
E)justice

Question 21

Civil cases that involve the citizens of more than one state and in which more than $75,000 is at stake may be heard in either the federal or the state courts, usually depending on the preference of the

A)judge.
B)plaintiff.
C)defendant.
D)prosecuting attorney.
E)grand jury.

Question 22

Most of the cases filed with the Supreme Court

A)affirm lower court decisions.
B)overturn lower court decisions.
C)are dismissed without rulings on their merits.
D)are dismissed with brief rulings on their merits.
E)are remanded to lower courts after oral arguments.

Question 23

Which of the following is true regarding Article I courts and Article III courts?

A)Article I court judges serve life terms, whereas Article III court judges serve terms of 10 to 15 years.
B)Neither Article I nor Article III court judges can have their salaries reduced during their terms.
C)Article I courts are less independent than Article III courts.
D)Article I court judges are not required to have law degrees, whereas Article III court judges are.
E)Article I courts can hear international cases, whereas Article III courts may not.

Question 24

A court order to the authorities to release a prisoner deemed to be held in violation of his or her rights is known as a(n)

A)writ of mandamus.
B)writ of habeas corpus.
C)writ of te libero.
D)in propie persona decree.
E)non compos mentis decree.

Question 25

A state supreme court ruled against an individual claiming that she was denied her Fifth Amendment right to due process.It is possible that the state court's decision can be appealed in which of the following venues?

A)U.S.Supreme Court
B)State Court of Appeals
C)U.S.District Court
D)U.S.International Trade Court
E)U.S.Court of Federal Claims

Question 26

Federal judges are nominated by the

A)president.
B)Supreme Court.
C)American Bar Association.
D)Senate Judiciary Committee.
E)chief justice.

Question 27

Individual senators who share the president's party identification can effectively exercise veto power over appointments to the federal bench in their own states through an informal but seldom violated practice called

A)judicial abatement.
B)legislative blackball.
C)advise and consent.
D)senatorial privilege.
E)senatorial courtesy.

Question 28

Which constitutional article gives the Supreme Court original jurisdiction in cases involving foreign ambassadors and issues in which a state is a party?

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

Question 29

Which constitutional article gives the Supreme Court appellate jurisdiction in all federal cases?

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

Question 30

An individual who claims in court that she would be damaged by a bill passing through Congress, but not yet law, calls into question which of the following standards?

A)ripeness
B)mootness
C)standing
D)forma pauperis
E)certiorari

Question 31

The specific number of justices who sit on the United States Supreme Court is determined by

A)the U.S.attorney general.
B)Congress.
C)the president.
D)the Supreme Court.
E)the chief justice of the Supreme Court.

Question 32

Which constitutional article grants the Supreme Court "the judicial Power of the United States"?

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

Question 33

Which of the following courts exercises appellate jurisdiction over cases heard by the district courts within its region?

A)each circuit court
B)the Supreme Court
C)state supreme courts
D)the U.S.Court of Federal Claims
E)the International Criminal Courts

Question 34

The Supreme Court's reaction to President Franklin Roosevelt's plan to "pack" the Court by increasing the number of justices has been nicknamed in history as

A)the whole nine yards.
B)the cat with nine lives.
C)the switch in time that saved nine.
D)The Court revolt.
E)The great Court escape.

Question 35

Except for a handful of cases selected for review by the U.S.Supreme Court, the final federal courts to which a case can be appealed are

A)U.S.District Courts.
B)U.S.Circuit Courts of Appeals.
C)U.S.military tribunals.
D)U.S.Courts of Criminal Appeals.
E)U.S.Courts of Federal Claims.

Question 36

Which court hears appeals involving patent law and those appeals arising from the decisions of the trade and claims court?

A)Commercial Tribunal
B)Court of Trade Appeals
C)Court of Federal Claims
D)Court of Appeals for the Federal Circuit
E)Court of International Trade

Question 37

For the most part, Congress has assigned federal court jurisdictions on the basis of

A)function.
B)ideology.
C)geography.
D)level of government.
E)type of law involved in the case.

Question 38

The trial courts of general jurisdiction at the federal level are called __________ courts.

A)supreme
B)circuit
C)original
D)federal claims
E)district

Question 39

Under what circumstances is the U.S.Supreme Court able to claim jurisdiction over cases originally heard in state courts?

A)if the losing litigant in state courts was unhappy with the outcome of the case and wants to appeal to the U.S.Supreme Court
B)if the losing litigant raises a federal issue, often one in which the litigant has been deprived of his or her Constitutional due process rights
C)if the winning litigant and losing litigant agree that they would like the input of the Supreme Court instead of the state courts
D)if the winning litigant and losing litigant want the U.S.Supreme Court to make the outcome of the case precedent for the entire country
E)if the solicitor general is willing to write an amicus brief for the appellant

Question 40

The justice on the Supreme Court who presides over the Court's public sessions is the __________ justice.

A)supreme
B)honorable
C)chief
D)senior
E)high

Question 41

Which of the following explains why the Supreme Court has been more secure in its ability to strike down acts of Congress?

A)Congress and the president tend to have less concern for the Supreme Court because the number of landmark decisions has decreased over time.
B)The limited use of judicial review during its infancy has helped to reinforce greater acceptance of the Court's power to strike down laws.
C)Many Americans believe that federal law often supersedes state law.
D)Supreme Court justices have been less strategic about the decisions they make.
E)Controversy over judicial nominations has caused justices to be more hostile toward Congress.

Question 42

The court case of Marbury v.Madison established the legal power of the Supreme Court to

A)amend the Constitution.
B)review acts of Congress.
C)establish lower federal courts.
D)force parties in a legal conflict to settle prior to trial.
E)issue a writ of mandamus.

Question 43

The practice of senatorial courtesy plays an important role in which of the following courts?

A)state supreme courts
B)state trial courts
C)U.S.District Courts
D)U.S.Circuit Courts of Appeals
E)U.S.Supreme Court

Question 44

In the case of Arizona et al.v.United States (2012), which of the following legal principles explains the Supreme Court's ruling that federal law shall supersede attempts by the state to regulate immigration?

A)legal precedent
B)judicial review
C)supremacy clause
D)due process
E)stare decisis

Question 45

When the U.S.Supreme Court invalidated a Virginia statute prohibiting interracial marriages in the 1967 case, it asserted its power to

A)review acts of Congress.
B)review state actions.
C)interpret state constitutions.
D)interpret administrative rules.
E)issue marriage licenses.

Question 46

An employee sues his or her employer for allegedly violating the terms of a privately negotiated employment contract.This scenario is an example of the court system's role in

A)coordination.
B)judicial review.
C)dispute resolution.
D)rule interpretation.
E)binding arbitration.

Question 47

A consumer sues a manufacturer for violating the terms of a product warranty.This scenario is an example of the court's role in

A)coordination.
B)judicial review.
C)dispute resolution.
D)rule interpretation.
E)binding arbitration.

Question 48

After the president has formally nominated an individual for the courts, the nominee must be considered by the

A)American Bar Association.
B)Senate Judiciary Committee.
C)House Judiciary Committee.
D)House and Senate Judiciary Committees.
E)American Civil Liberties Union.

Question 49

Which term best describes the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional?

A)judicial review
B)judicial activism
C)judicial restraint
D)judicial legislation
E)judicial rule making

Question 50

The single most important activity in which higher courts engage is probably

A)rule interpretation.
B)dispute resolution.
C)coordination.
D)judicial confirmation processes.
E)binding arbitration.

Question 51

If a court were to rule on whether a 1927 law regulating the electronic transmission of radio waves currently applies to television, cell phones, fax machines, and email, it would be acting in the judicial role of

A)coordination.
B)judicial review.
C)dispute resolution.
D)rule interpretation.
E)binding arbitration.

Question 52

Congress may amend the legislation to explicitly reverse a court ruling if it is unhappy with a specific

A)judicial ruling.
B)treaty interpretation.
C)statutory interpretation.
D)constitutional interpretation.
E)majority opinion.

Question 53

A business associate decides to resist the temptation to embezzle from the company because of the likely chance that he or she will be effectively prosecuted and punished by the legal system.This scenario is an example of the court's role in

A)coordination.
B)judicial review.
C)dispute resolution.
D)rule interpretation.
E)binding arbitration.

Question 54

The power of the Supreme Court to review state legislation or other state action and to determine its constitutionality is implied by the logic contained in the

A)tradition of common law inherited from the English judicial system.
B)system of separated institutions sharing powers as outlined in the Constitution.
C)1890 State Act and the necessary and proper clause to the Constitution.
D)supremacy clause of Article VI of the Constitution and the Judiciary Act of 1789.
E)cases and controversies clause of Article III.

Question 55

After the Republicans won a narrow Senate majority in the 2002 national elections, how did Democrats block action on several of President George W.Bush's other federal appeals court nominees?

A)a filibuster
B)disconfirmation
C)a legislative veto
D)senatorial courtesy
E)a self-executing rule

Question 56

The Supreme Court declares that a law passed by Congress is unconstitutional.Which power is the Court utilizing?

A)coordination
B)judicial review
C)dispute resolution
D)rule interpretation
E)arbitration

Question 57

Two acquaintances confidently entertain the possibility of going into business together knowing that the courts will intervene if either of them fails to live up to the terms they agreed upon for their collaboration.This scenario is an example of the court's role in

A)coordination.
B)judicial review.
C)dispute resolution.
D)rule interpretation.
E)binding arbitration.

Question 58

Because the Supreme Court has so much influence over American law and politics, presidents often make decisions about Supreme Court appointments on the basis of

A)the personality and temperament of the nominee.
B)personal connections to the nominee.
C)political factors, like the nominee's political ideology and philosophy.
D)intellect and the quality of the nominee's law school training.
E)the number of law review publications written by the nominee.

Question 59

Why are the courts able to serve as a before-the-fact coordination mechanism for private parties?

A)The federal courts issue binding advisory opinions to definitively tell citizens what is and is not legal.
B)The federal courts offer consultation on the development of legal documents.
C)Individuals anticipate the legal consequences of their actions and, in accordance with the rationality principle, usually make decisions to coordinate in a legal way.
D)Individuals note that the policies of courts, in accordance with the policy principle, will frequently change and that they are thus free to generally do as they wish.
E)Individuals typically do not think about the legality of their actions until just before they are threatened with legal action.

Question 60

When the Supreme Court mandated that Yaser Esam Hamdi, an apparent Taliban soldier, was entitled to basic civil rights such as the right to counsel even though the George W.Bush administration had classified him as an enemy combatant, the Court exemplified its power to

A)review actions of Congress.
B)review actions of the president.
C)review actions of state courts.
D)interpret federal statutes.
E)interpret administrative rules.

Question 61

One or more justices may agree with the majority but disagree with the rationale presented in the majority opinion.These justices may then draft the

A)written objection.
B)dissenting opinion.
C)regular concurrence.
D)special concurrence.
E)writ of clarification.

Question 62

Besides the justices who staff the Court, the individual who has the greatest immediate influence on the work of the Supreme Court is the

A)president.
B)vice president.
C)solicitor general.
D)attorney general.
E)White House counsel.

Question 63

A written document in which an attorney explains-using case precedents-why the court should rule in favor of his or her client is also known as a(n)

A)tort.
B)brief.
C)claim.
D)contract.
E)opinion.

Question 64

Over the centuries, judges have developed a body of rules and principles of interpretation called __________ law that are not grounded in specific statutes.

A)basic
B)unwritten
C)common
D)judicial
E)fundamental

Question 65

Individuals or groups who are not parties to a lawsuit but who seek to assist the court in reaching a decision (including, often, the solicitor general) can present additional briefs called

A)per curiam.
B)amicus curiae.
C)assenting opinions.
D)dissenting opinions.
E)concurring opinions.

Question 66

Most cases reach the Supreme Court through a writ of

A)certiorari.
B)publici juris.
C)jurisprudence.
D)habeas corpus.
E)in forma pauperis.

Question 67

Justices O'Connor and Kennedy have both been known for breaking ties in 5-4 Supreme Court decisions.These tiebreakers are also known as

A)ideological voters.
B)coalition voters.
C)swing voters.
D)collegial voters.
E)outlier voters.

Question 68

Which of the following criteria do the courts use to screen cases that no longer require resolution?

A)stare decisis
B)stature
C)stability
D)status
E)mootness

Question 69

In the American judicial system, parties to a case must demonstrate that they have __________, or a substantial stake in the outcome of the case.

A)standing
B)stature
C)stability
D)status
E)mootness

Question 70

Article III of the Constitution and Supreme Court decisions define judicial power as extending only to

A)laws and policies.
B)rules and regulations.
C)cases and controversies.
D)crimes and misdemeanors.
E)federal and international crimes.

Question 71

In order for the Supreme Court to grant certiorari, agreement has to be reached by at least __________ justices.

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

Question 72

In Gideon v.Wainwright, the U.S.Supreme Court ordered a new trial for Gideon because he had been denied the right to

A)privacy.
B)legal counsel.
C)face his accuser.
D)refrain from self-incrimination.
E)remain silent.

Question 73

In 2002, Justice David Souter wrote a 34-page dissent that upheld the use of government-funded school vouchers to pay for parochial school tuition.Why might Supreme Court justices decide to write a long, dissenting opinion such as this one?

A)It might help justices clarify their arguments for a more knowledgeable public.
B)It might help justices convince a swing justice to join their side on the next round of cases dealing with a similar topic.
C)It might help justices deal with any confusion they might have about the facts of a case.
D)It will allow justices to craft a superior legal argument.
E)Justices can ensure greater respect from their colleagues.

Question 74

After a decision has been reached, one of the members of the majority is assigned to write the

A)opinion.
B)writ of certiorari.
C)regular concurrence.
D)writ of habeas corpus.
E)brief.

Question 75

This is the term for a court opinion agreeing with the decision of the majority but not the rationale provided in the majority opinion.

A)concurrence
B)amicus curiae
C)qualified accordance
D)conditional acceptance
E)writ of clarification

Question 76

One example of the courts setting policy is from a case involving the state of Arizona, where the Supreme Court developed a set of principles requiring that persons under arrest be informed of their legal rights, including their right to legal counsel and their right to remain silent.This legal doctrine has come to be known as the

A)Olivet rule.
B)Miranda rule.
C)Schiff mandate.
D)due process clause.
E)O'Brien rule.

Question 77

The application of prior court decisions to a case is also known as

A)standards.
B)legal precedents.
C)touchmarks.
D)bench rulings.
E)briefs.

Question 78

In general, including time for questions, attorneys presenting oral arguments before the Supreme Court must limit their presentations to

A)thirty minutes.
B)one hour.
C)two hours.
D)four hours.
E)one day.

Question 79

Justices who disagree with the majority decision of the Court may choose to publicize the character of their disagreement in the form of a

A)reproachment.
B)minority report.
C)judicial objection.
D)dissenting opinion.
E)special concurrence.

Question 80

In order to research legal issues and assist with the preparation of opinions, each Supreme Court justice is assigned four __________ to aid them.

A)paralegals
B)law clerks
C)assistant judges
D)accomplished attorneys
E)circuit court judges