Deck 15: 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

________ 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

Answer 2

B

Question 3

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

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

Answer 3

D

Question 4

Medical malpractice suits are good examples of ________ cases.

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

Question 5

________ 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 6

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 7

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 8

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 9

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 10

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(n)

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

Question 11

The government is always the plaintiff in ________ law.

A)public
B)criminal
C)common
D)tort

Question 12

What is common law?

A)another name for federal law
B)law made by judges through their decisions, not through specific statutes
C)law made by an administrative body
D)law passed by the U.S.Congress

Question 13

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 14

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 15

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 16

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 17

The essence of the rule of law is

A)having a supreme court.
B)having a government composed of a legislative, a judicial, and an executive branch.
C)ensuring that "the state" and its officials are judged by a different set of laws than the citizenry.
D)ensuring that "the state" and its officials are judged by the same laws as the citizenry.

Question 18

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

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

Question 19

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 20

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 21

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 22

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 23

The jurisdiction of the federal courts is determined

A)for the most part by geography.
B)entirely by the Constitution.
C)for the most part by congressional statutes.
D)from a combination of the Constitution and congressional statutes.

Question 24

Which of the following statements best characterizes the structure of the federal judiciary?

A)The entire federal judiciary is composed of 50 district courts, 12 circuit courts, and one Supreme Court.
B)The entire federal judiciary is composed of 12 circuit courts and one Supreme Court.
C)The entire federal judiciary is composed of 50 district courts, two circuit courts, and one Supreme Court.
D)The entire federal judiciary is composed of 94 district courts, 12 circuit courts, one Supreme Court, and numerous specialized courts that have nationwide original jurisdiction in certain types of cases.

Question 25

How many justices currently serve on the Supreme Court?

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

Question 26

The president appoints judges of courts created under Congress's Article I power for

A)life.
B)six years.
C)15 years.
D)30 years.

Question 27

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 28

There are ________ U.S.district courts.

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

Question 29

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 30

________ protects federal judges from political pressure by granting them life tenure.

A)The Judiciary Act of 1789
B)Article III of the U.S.Constitution
C)The First Amendment
D)The Judicial Tenure Act of 1891

Question 31

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 32

Unlike judges of Article III courts, the judges of courts created under Congress's Article I power

A)are appointed to serve lifetime terms.
B)are not protected by the Constitution from salary reduction.
C)are not appointed by the president.
D)must be confirmed by the Senate.

Question 33

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 they are not guilty of the accused crimes beyond a "reasonable doubt."
C)hire the solicitor general to represent them.
D)receive amicus briefs from at least three civil liberties organizations.

Question 34

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 35

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 36

Trial courts in the federal judicial system are called

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

Question 37

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

A)4
B)8
C)12
D)20

Question 38

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 39

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)where more than $1 million is at stake
D)brought by one state against citizens of another state or against a foreign country

Question 40

The U.S.Court of Federal Claims was created by Congress to rule on

A)damage suits brought against the U.S.government.
B)cases brought by one state against citizens of another state or against a foreign country.
C)cases between the U.S.government and one of the 50 states.
D)cases involving foreign ambassadors or other ministers.

Question 41

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)Marbury v.Madison.
D)the Seventh Amendment.

Question 42

"Borking" occurs when

A)Senators filibuster a nominee to the Supreme Court.
B)Senators draw extensively on excerpts from a judicial nominee's speeches and writings in order to paint the nominee as an extremist who is unqualified to serve in the federal judiciary.
C)a president chooses to rescind an existing nomination for the Supreme Court and nominates a new candidate.
D)the Senate ends a filibuster of a federal court nominee through a cloture vote.

Question 43

The chief justice of the Supreme Court

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

Question 44

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 45

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 46

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 47

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 48

Congress has authorized the appointment of ________ federal district court judges in the United States.

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

Question 49

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 50

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 51

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 52

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

A)one judge
B)three judges
C)15 judges
D)all of the judges

Question 53

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 54

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 55

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 56

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

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

Question 57

Marbury v.Madison was decided in

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

Question 58

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 59

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

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

Question 60

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 toward most of the recent presidents' nominees.
C)There have not been enough minority nominees, including women.
D)The federal courts play an increasingly important role in shaping American law and politics.

Question 61

In Schuette v.Coalition to Defend Affirmative Action (2014), the justices ruled on a(n) ________ ballot initiative establishing that ________ constitutional.

A)Michigan; a ban on racial preferences in college admissions was
B)Nebraska; strict gun control laws were
C)Indiana; education vouchers were
D)Maine; banning the harvesting of lobsters was

Question 62

The increase of administrative agencies since the New Deal has resulted in a(n)

A)increased instance of Congress writing administrative rules.
B)delegation of power by Congress to administrative agencies.
C)strict nondelegation doctrine pronounced by the Supreme Court.
D)increase in states making administrative law.

Question 63

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 64

The fact that the Supreme Court has been more willing to rule on affirmative action in recent years illustrates that the

A)principle of stare decisis requires the Court to constantly update its rulings on decades-old issues.
B)original jurisdiction of the Court is always changing in response to contemporary political issues.
C)question of which cases to accept is often simply a matter of the preferences and priorities of the Supreme Court's justices.
D)president can dictate which cases are heard by the Supreme Court by issuing an executive order.

Question 65

What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?

A)The Constitution grants the federal courts the power of judicial review.
B)It is the duty of the federal judges to say what the law is; therefore, it is necessary for them to interpret and expound the law.
C)Congress would have to ask the courts for permission to pass laws.
D)The president should not be able to "get around" Congress by issuing executive orders on any issue he or she would like.

Question 66

Marbury v.Madison (1803) is an important case because the justices

A)recognized the authority of Congress to regulate the economy of the United States.
B)nationalized the Bill of Rights.
C)authorized the Supreme Court to exercise judicial review over laws passed by Congress.
D)declared the secession of the Confederate states to be in violation of the Constitution.

Question 67

The federal courts have ruled that the "case or controversy" clause of the Constitution means that they do NOT have the

A)authority to deny appeals from state courts.
B)power to strike down laws of state governments as unconstitutional.
C)power to render advisory opinions to legislatures or agencies about the constitutionality of proposed laws or regulations.
D)authority to invalidate executive orders issued by the president.

Question 68

The written opinions of appellate courts have been described as halfway between ________ law and ________ law.

A)common; statutory
B)civil; constitutional
C)public; private
D)common; public

Question 69

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

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

Question 70

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 71

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 its officers believe there is "probable cause."

Question 72

Most cases reach the Supreme Court through a writ of

A)appeal.
B)certiorari.
C)amicus curiae.
D)certification.

Question 73

Which of the following statements about Congress's delegation of power to the executive is MOST accurate?

A)The Constitution prevents Congress from delegating any power to the executive branch.
B)The courts have refused to hear any cases regarding congressional delegation of power to the executive branch since the start of the New Deal.
C)Since the New Deal, the courts have not struck down any congressional delegation of power to the executive branch as impermissibly broad.
D)Since the New Deal, the courts have frequently struck down congressional attempts to delegate powers to the executive branch as impermissibly broad.

Question 74

Which of the following would the Supreme Court likely refuse to hear because the case lacked "ripeness"?

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 75

The Supreme Court has ruled that the president

A)can only declare someone an "enemy combatant" if he or she receives approval from the Foreign Intelligence Surveillance Court.
B)can only declare someone an "enemy combatant" if he or she 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 76

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 77

The requirement of standing means that parties in a case must

A)have a concrete injury or interest at stake.
B)be present in court during the trial.
C)know the law they are using to defend themselves.
D)have attornies present with them in court.

Question 78

The Supreme Court struck down state laws in the cases 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 79

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 80

What did the Supreme Court rule in Hamdi v.Rumsfeld (2004)?

A)The actions of a president are not subject to judicial review.
B)The president does not have the authority to declare individuals to be "enemy combatants."
C)Hamdi was entitled to a lawyer and an opportunity to rebut the government's charges against him.
D)During a time of war, the president's power as commander in chief is unlimited.