Deck 12: The Federal Courts

Question 1

What did the framers call the "least dangerous branch" of American government?

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

Answer 1

B

Question 2

In what type of law is the government always the plaintiff?

A)Public
B)Criminal
C)common
D)tort

Answer 2

B

Question 3

If a defendant is charged with burglary,but admits to a lesser charge of trespassing in
Exchange for the prosecution dismissing the burglary charge and forgoing the criminal trial,
It is an example of

A)a plea bargain.
B)a quid pro quo.
C)a pro bono settlement.
D)an amicus curiae.

Answer 3

A

Question 4

The Administrative Procedure Act is important in civil law because it

A)governs agency rule making.
B)defines the jurisdiction of the various state court systems.
C)sets the procedures for filing appellate cases in the federal court system.
D)sets the procedures for filing appellate cases in the various state court systems.

Question 5

Medical malpractice suits are good examples of ________ cases.

A)tort
B)amicus curiae
C)habeas corpus
D)stare decisis

Question 6

A writ of habeas corpus declares that

A)the government must show a legal cause for holding someone in detention.
B)the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
C)a defendant in a felony trial must receive assistance from legal counsel.
D)capital punishment can be neither cruel nor unusual.

Question 7

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

A)must always be heard in federal district court.
B)must always be heard in a state court.
C)must always be heard in the U.S.Supreme Court.
D)may be heard in either the federal or the state courts,usually depending on the preference of the plaintiff.

Question 8

Prior cases whose principles are used by judges to decide current cases are called

A)public law.
B)en banc decisions.
C)precedents.
D)ex post facto cases.

Question 9

When O.J.Simpson faced a criminal trial in Los Angeles for two counts of murder,
The plaintiff(s)

A)were the victims of the crime,Nicole Brown Simpson and Ron Goldman.
B)was the state of California.
C)was the Los Angeles Police Department.
D)was Los Angeles County.

Question 10

________ and ________ are the two MOST common types of civil law cases.

A)Contracts; habeas corpus
B)Contracts; torts
C)Stare decisis; habeas corpus
D)Torts; habeas corpus

Question 11

In ________ cases,the losers cannot be fined or incarcerated by the state.

A)appellate
B)criminal law
C)civil law
D)common law

Question 12

________ occurs when a criminal case is resolved through a negotiated agreement before a
Full trial is completed.

A)A misdemeanor
B)A plea bargain
C)A writ of certiorari
D)Mediation

Question 13

Cases in which the U.S.government is a party are

A)always heard in a state court.
B)heard in a state court only if a state government is the other party.
C)heard in a state court if the other party files a special request to have the case heard
In a state court.
D)always heard in a federal court.

Question 14

If a defendant is found not guilty in a criminal case,the government is

A)not entitled to appeal the verdict.
B)entitled to appeal the verdict only if it files a writ of habeas corpus.
C)entitled to appeal the verdict only if it files an amicus curiae brief.
D)entitled to appeal the verdict only if the case raises an important constitutional question.

Question 15

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling
On a case.

A)stare decisis
B)habeas corpus
C)ex post facto
D)a priori

Question 16

The first court to hear a criminal case involving a violation of state law is called a(n)
________ court.

A)supreme
B)trial
C)advisory
D)appellate

Question 17

More than ________ percent of all cases in the United States are heard in state courts.

A)33
B)50
C)68
D)97

Question 18

Appeals courts

A)are the first courts to hear cases involving a violation of federal law.
B)are the first courts to hear cases involving a violation of state law.
C)hear new witnesses and examine additional evidence before reaching their decisions.
D)do not hear witnesses or examine additional evidence before reaching their decisions.

Question 19

Which of the following cases would always be heard in federal court?

A)a case related to a drunk-driving accident
B)a case involving the citizens of more than one state and in which $150,000 is at stake
C)a case related to an accusation of sexual harassment in the workplace
D)a case involving the state of New York suing the state of New Hampshire over state highway maintenance

Question 20

In a typical tort case,

A)the defendant is not allowed to appeal the verdict if he or she loses.
B)the plaintiff is not allowed to appeal the verdict if he or she loses.
C)the government immediately appeals the verdict if it loses.
D)one individual charges that he or she has been injured by another's negligence or malfeasance.

Question 21

The size of the U.S.Supreme Court is set by

A)the president.
B)Congress.
C)the American Bar Association.
D)state legislatures.

Question 22

Generally speaking,state defendants seeking a federal writ of habeas corpus must

A)show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals.
B)demonstrate that the they are not guilty of the accused crime beyond a "reasonable doubt."
C)hire the solicitor general to represent them.
D)receive amicus briefs from at least three civil liberties organizations.

Question 23

There are ________ circuits in the U.S.Court of Appeals.

A)4
B)8
C)13
D)20

Question 24

Which of the following statements about the Supreme Court is true?

A)In 2017,seven of the nine justices were appointed by Democratic presidents.
B)In 2017,seven of the nine justices were appointed by Republican presidents.
C)In 2017,all of the justices were appointed by Democratic presidents.
D)In 2017,five of the nine justices were appointed by Republican presidents.

Question 25

The U.S.Supreme Court has been composed of

A)nine justices throughout American history.
B)nine justices since 1869.
C)nine justices since 1937.
D)seven justices throughout American history.

Question 26

Which of the following statements best describes the formal requirements of serving
As a federal court judge?

A)Federal court judges must be members of the American Bar Association.
B)Federal court judges must have a degree from an accredited law school.
C)Federal court judges must be at least 35 years of age.
D)There are no formal requirements to serve as a federal court judge.

Question 27

Each year,the Supreme Court receives about ________ appeals and hears about ________
Of them in full court.

A)1,000; 500
B)200; 10
C)9,000; 80
D)12,000; 300

Question 28

About ________ percent of all lower court cases are reviewed by federal appeals courts.

A)1
B)10
C)20
D)48

Question 29

Which of the following statements about federal courts is MOST accurate?

A)Federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States,and their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
B)Although federal courts hear the vast majority of all civil and criminal cases decided each year in the United States,their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
C)Federal courts hear the vast majority of all civil and criminal cases decided each year in the United States,and their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.
D)Although the federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States,their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.

Question 30

In recent years,federal court appointments have

A)been characterized by strict neutrality on the part of Congress.
B)attracted very little attention from the media and special interest groups.
C)been characterized by intense partisan and ideological efforts to support or
Defeat the candidate.
D)been unaffected by ideological concerns.

Question 31

One example of ________ is the fact that a lawsuit filed by California against Nevada
Over river pollution goes directly before the Supreme Court.

A)stare decisis
B)granting a writ of certiorari
C)original jurisdiction
D)appellate jurisdiction

Question 32

Trial courts in the federal judicial system are called

A)grand juries.
B)district courts.
C)appellate courts.
D)civil courts.

Question 33

Which Supreme Court nominee was accused of sexual harassment during his confirmation
Hearing?

A)Samuel Alito
B)Antonin Scalia
C)Clarence Thomas
D)Anthony Kennedy

Question 34

If a man is arrested because his home was searched by police without a legal warrant,
He could argue in court that he had been denied

A)a writ of habeas corpus.
B)his Miranda rights.
C)judicial review.
D)the due process of law.

Question 35

When a private individual brings a suit against a company for breaking a contract,this is
An example of ________ law.

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

Question 36

There are ________ U.S.district courts.

A)50
B)94
C)200
D)434

Question 37

Which of the following statements about state and federal court procedures is MOST accurate?

A)Federal courts are required to provide a grand jury,a 12-member trial jury,and a unanimous jury verdict while state courts are not.
B)State courts are required to provide a grand jury,a 12-member trial jury,and a unanimous jury verdict while federal courts are not.
C)Both state and federal courts are required to provide a grand jury,a 12-member trial jury,and a unanimous jury verdict.
D)Neither state nor federal courts are required to provide a grand jury,a 12-member trial jury,and a unanimous jury verdict.

Question 38

What is the main function of the chief justice of the Supreme Court?

A)The chief justice decides what cases will be heard by the full Court each term.
B)The chief justice always writes the Court's majority opinions.
C)The chief justice presides over the Court's public sessions and private conferences.
D)The chief justice is also the constitutional adviser to the president.

Question 39

How many justices currently serve on the Supreme Court?

A)7
B)9
C)11
D)15

Question 40

Cases ________ are NOT part of the original jurisdiction of the U.S.Supreme Court.

A)between the United States and one of the 50 states
B)involving foreign ambassadors
C)in which more than $1 million is at stake
D)brought by one state against citizens of another state or against a foreign country

Question 41

Why has partisan conflict surrounded federal judicial appointments in recent years?

A)Members of Congress do not want the president to have so much power that he or she can place anyone he or she wants on the federal bench.
B)Public opinion has not been favorable to most of the recent presidents' nominees.
C)There have not been enough minority nominees,including women.
D)The federal courts play an important role in shaping American law and politics.

Question 42

Most cases reach the Supreme Court through

A)a writ of appeal.
B)a writ of certiorari.
C)a writ of amicus curiae.
D)state courts.

Question 43

In all of American history,the Supreme Court has concluded that fewer than ________
Acts of Congress have directly violated the Constitution.

A)18
B)50
C)100
D)160

Question 44

Since 2017,the Senate filibuster

A)can only be used against executive branch appointments.
B)can only be used against Supreme Court appointments.
C)can only be used against federal district court appointments.
D)cannot be used against any presidential appointments.

Question 45

What is the most frequent and best-known action of Supreme Court justices in their role as
Circuit justices?

A)vetting cases for the Supreme Court
B)hearing challenges to state laws
C)reviewing requests for stays of execution
D)overturning laws passed by Congress

Question 46

In the 2014 case of Riley v.California,the Supreme Court held that

A)corporations have free speech rights under the First Amendment.
B)state courts must provide legal counsel to defendants who could not afford their own attorneys.
C)the police cannot undertake a warrantless search of the digital contents of a cell phone.
D)the police can undertake a warrantless search of the digital contents of a cell phone if they believe there is probable cause.

Question 47

Marbury v.Madison was decided in

A)1789.
B)1803.
C)1911.
D)2016.

Question 48

The Supreme Court struck down parts of the Military Commissions Act and declared habeas
Corpus to be a fundamental right in the case

A)Boumediene v.Bush.
B)Gideon v.Wainwright.
C)Miranda v.Arizona.
D)Korematsu v.United States.

Question 49

In Hamdi v.Rumsfeld,the Supreme Court has ruled that the president

A)can only declare someone an enemy combatant if he receives approval from the Foreign Intelligence Surveillance Court.
B)can only declare someone an enemy combatant if he receives approval from a majority of the Senate Intelligence Committee.
C)has no authority to declare someone an enemy combatant.
D)has the unilateral power to declare someone an enemy combatant.

Question 50

During the Constitutional Convention,a "departmentalist" was someone who believed that

A)each branch of the new government would interpret the Constitution as it applied to its own actions rather than having the Supreme Court be the sole interpreter of the Constitution.
B)the Supreme Court should be the sole interpreter of the Constitution and that each branch of the new government would have its actions subjected to strict judicial scrutiny.
C)the new government should have only two branches,the executive and the legislative,and no judiciary.
D)the judiciary should appoint its own justices and the president should not be empowered to nominate Supreme Court justices.

Question 51

Once the president has formally nominated an individual for a federal judgeship,

A)the nominee is automatically appointed for life and can only be removed from office through impeachment.
B)the nominee must be confirmed by a unanimous vote in the full Senate.
C)the nominee must be considered by the Senate Judiciary Committee and confirmed by a majority vote in the full Senate.
D)the nominee must be considered by the Senate Judiciary Committee and confirmed by a unanimous vote in the full Senate.

Question 52

Why is Marbury v.Madison (1803)an important case?

A)In this case,the justices recognized the authority of Congress to regulate the economy
Of the United States.
B)In this case,the justices nationalized the Bill of Rights.
C)In this case,the justices authorized the Supreme Court to exercise judicial review over
Laws passed by Congress.
D)In this case,the justices declared the secession of the Confederate states to be in
Violation of the Constitution.

Question 53

Normally,________ judge(s)hear(s)a specific case on a federal circuit court of appeals.

A)1
B)3
C)15
D)all of the

Question 54

Which of the following would the Supreme Court likely refuse to hear because of "mootness"?

A)a case involving a citizen suing the Social Security Administration for failure to deliver Social Security benefits prior to the time the citizen was scheduled to receive the benefits
B)a case involving a student who was first rejected but then,later,admitted to a state-run university suing that university for discrimination in the admissions process
C)a case involving a convicted murderer challenging the constitutionality of the death penalty while on death row
D)a case involving a dispute between the president and the Congress over access to top secret documents

Question 55

The ________ is established by the Constitution and cannot be abolished by a congressional law.

A)Supreme Court
B)federal circuit court system
C)federal district court system
D)U.S.Court of Appeals for the Federal Circuit

Question 56

There are approximately ________ federal district court judges in the United States.

A)9
B)79
C)678
D)1,002

Question 57

Through the exercise of ________,the Supreme Court has held actions or laws of the
Executive and legislative branches unconstitutional.

A)stare decisis
B)writs of certiorari
C)clemency
D)judicial review

Question 58

The Supreme Court struck down state laws in the cases of Brown v.Board of Education and
Pavan v.Smith because the statutes in question

A)denied citizens equal protection of the law.
B)violated the separation of powers.
C)were too vague to be appropriately interpreted.
D)ceded too much power to the federal government.

Question 59

The power of the Supreme Court to review state actions and legislation is implied by

A)the judicial review clause of Article III.
B)the supremacy clause of Article VI.
C)the Declaration of Independence.
D)the Seventh Amendment.

Question 60

The Supreme Court's power to review acts of Congress has NOT been seriously questioned because

A)Congress granted the power of judicial review to the Court in the Federal Judicial Review Act of 1798.
B)Congress and the president always agree with the decisions made by the Court.
C)the Constitution explicitly grants this power to the Court in the judicial review clause
Of Article III.
D)the Court has been reluctant to strike down congressional laws and has overturned
Only a small number over the last 200 years.

Question 61

If someone is an advocate of the philosophy of judicial restraint,he or she believes

A)in looking only at the words of the Constitution in order to understand its meaning.
B)that the meaning of the law tends to evolve over time.
C)the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
D)that judges should openly consider both legal and political questions when adjudicating cases.

Question 62

When interest groups use a "pattern of cases" strategy,they

A)submit amicus curiae briefs in every case that addresses their organization's primary issues in the hopes that their framing of the legal questions raised in each case will persuade the justices.
B)bring the same type of suit in more than one circuit in the hopes that inconsistent treatment by two different courts will improve the chance of a Supreme Court review.
C)avoid filing any lawsuits until the composition of the court changes in a way that makes their preferred ruling more likely.
D)attempt to prevent federal court nominees who are likely to oppose their agenda from being confirmed by the Senate.

Question 63

Under normal rules of oral argument,each lawyer has ________ to present his or her case
Before the Supreme Court.

A)30 minutes
B)one hour
C)two hours
D)unlimited time

Question 64

Cases ________ are LEAST likely to be accepted by the Supreme Court.

A)in which the federal government is an appellant
B)that address state laws but do not raise constitutional issues
C)that raise important questions about civil rights
D)that involve conflicting decisions by federal circuit courts

Question 65

Aside from the justices themselves,who or what has the greatest power in shaping the flow
Of cases to the Supreme Court?

A)the attorney general
B)the solicitor general
C)the state supreme courts
D)Congress

Question 66

The process of confirming federal court appointments has recently become very contentious.Describe the steps to becoming a federal judge and the considerations involved in who is nominated.Why has this process become so controversial in recent years? Provide some examples of this conflict in the confirmation process.

Question 67

Explain the basic structure and jurisdiction of the federal judicial system.Describe the three different levels of federal courts.How are the lower courts created and how is their jurisdiction defined? What was the original jurisdiction of the Supreme Court?

Question 68

Each Supreme Court justice is assigned ________ law clerks.

A)2
B)4
C)10
D)15

Question 69

The assignment of the opinion in a Supreme Court case is

A)unimportant because the final vote of the justices is the only statement that carries any weight in future cases.
B)important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
C)unimportant because all justices usually describe their decisions in exactly the same way.
D)important because every word of a decision is legally binding.

Question 70

The solicitor general is the

A)top-ranking official in the Department of Justice.
B)second-ranking official in the Department of Justice.
C)third-ranking official in the Department of Justice.
D)top-ranking official in the American Bar Association.

Question 71

Which of the following best describes the role of the solicitor general?

A)The solicitor general is the chief legal counsel for the White House.
B)The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
C)The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
D)The solicitor general is the head of the Department of Justice.

Question 72

Roe v.Wade is a good example of

A)judicial activism,because it was based on a constitutional right to privacy that is not found in the actual words of the Constitution.
B)judicial restraint,because it was based on a strict reading of the actual words discussing the right to privacy in the Constitution.
C)judicial review,because it upheld a law enacted by a state government.
D)a class action lawsuit,because it affected more than a single person.

Question 73

Analyze the exercise of judicial review.What is judicial review,what are its origins,and why has it remained an unquestioned power of the courts for so long? Provide some examples of notable uses of judicial review in Supreme Court history.

Question 74

A person,agency,or interest group not directly a party to a case but with an interest in its
Outcome may file a(n)________ brief.

A)Certiorari
B)per curiam
C)amicus curiae
D)standing

Question 75

Discuss the various paths that a case can take to arrive before the Supreme Court.In particular,discuss the Court's original jurisdiction and its process for granting a writ of certiorari.In your answer,be sure to describe the kinds of cases to which the Court is likely to grant "cert."

Question 76

There are different kinds of judicial philosophy in how to interpret the law.Outline the theories of judicial restraint and judicial activism.Discuss an example of the Supreme Court employing judicial activism.

Question 77

A certiorari pool describes the

A)computerized lottery system by which the Supreme Court selects its cases each year.
B)practice by which Supreme Court law clerks work together to evaluate each petition.
C)method used to appoint the chief justice.
D)nickname for the water fountain in the courtyard of the Supreme Court building.

Question 78

The number of cases filed in the Supreme Court

A)has increased dramatically since 1940.
B)has remained the same since 1940.
C)increased between 1940 and 1965 but has decreased since 1965.
D)decreased between 1940 and 1965 but has increased since 1965.

Question 79

Activist judges believe that federal judges should

A)always overrule state legislatures and governors when making decisions.
B)interpret the U.S.Constitution according to the intentions of its framers and defer
To the views of Congress when interpreting federal statutes.
C)be more aggressive and ideological than the president when vacancies occur
On the courts.
D)go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.

Question 80

Which kind of case would NOT be granted certiorari under Rule 10 of the Rules of the Supreme
Court of the United States?

A)a case about the governor of California's authority to use the line item veto when the state trial court and the state Supreme Court have reached different conclusions regarding the governor's actions
B)a case about the legality of an executive order on immigration when the Supreme Court of California and the Ninth Circuit court have reached different conclusions regarding the order
C)a case about the constitutionality of state-level same-sex marriage bans when the state Supreme Courts of California and Kansas have reached opposite conclusions regarding the legality of the bans
D)a case about the constitutionality of a federal health care law when the Ninth Circuit court and the Seventh Circuit court have reached opposite conclusions regarding the law