Question 1

The laws applicable to a case

Accepted Answer

The laws applicable to a case are important in guiding and constraining the judiciary as court decisions must be based on applicable laws.

Question 2

Why was the Supreme Court ruling in Faragher v.City of Boca Raton,which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964,demonstrative of the ambiguities of the law?

Accepted Answer

The Supreme Court ruling in Faragher v. City of Boca Raton relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964, but the case dealt with sexual harassment in the workplace, which is not explicitly mentioned in the Civil Rights Act. Therefore, this demonstrates the ambiguities of the law and the need for interpretation and application in specific situations.

Question 3

Which legal doctrine holds that in nearly every instance,policy issues should be decided by elected lawmakers and not by appointed judges?

Accepted Answer

Judicial restraint holds that judges should generally defer to the decisions made by elected officials, especially in matters of public policy. This principle is based on the idea that judges should not usurp the role of lawmakers in a democratic society, and should instead limit their interventions to cases where fundamental rights or constitutional principles are at stake. Judicial restraint is often contrasted with judicial activism, which refers to a more expansive role for judges in shaping public policy and interpreting the law.

Question 4

Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial

Accepted Answer

Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial restraint. The philosophy of judicial restraint advocates for judges to limit their power by interpreting the law narrowly and deferring to the decision-making authority of the legislative and executive branches of government. Therefore, the answer is C, restraint.

Question 5

According to the Constitution,the federal courts can issue a decision only

Accepted Answer

According to Article III of the Constitution, the federal courts can only issue decisions in actual cases and controversies presented to them. They do not have the authority to issue advisory opinions or decide hypothetical situations.

Question 6

The long-serving chief justice that established the principle of judicial review was

Accepted Answer

John Marshall served as the chief justice of the United States from 1801 to 1835 and established the principle of judicial review in the landmark case Marbury v. Madison, which gave the Supreme Court the power to declare acts of Congress unconstitutional. Charles Evans Hughes, Hugo Black, Clarence Thomas, and Benjamin Cardozo were all notable justices, but did not establish the principle of judicial review.

Question 7

The Supreme Court decision in Marbury v.Madison is significant

Accepted Answer

The Supreme Court decision in Marbury v.Madison is significant for the establishment of judicial review, which gives the Supreme Court the power to strike down unconstitutional laws passed by Congress or actions taken by the executive branch. This decision cemented the Court's role as a check on the other branches of government and has been a cornerstone of American constitutional law ever since.

Question 8

________ was the first black justice to serve on the U.S.Supreme Court.

Accepted Answer

Thurgood Marshall was the first black justice to serve on the U.S. Supreme Court, appointed by President Lyndon B. Johnson in 1967. Clarence Thomas was the second black justice, appointed in 1991, while Antonin Scalia and Robert Bork were white justices who were nominated but never confirmed to the Supreme Court. Laurence Tribe is a well-known constitutional law professor, but he has never served on the Supreme Court.

Question 9

Of the following Supreme Court justices,which has been or was the most conservative?

Accepted Answer

Clarence Thomas is known to be the most conservative out of the group, often taking stances that align with the original intent of the Constitution and advocating for limited government intervention.

Question 10

A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a

Accepted Answer

A precedent is a judicial decision that establishes a rule for settling subsequent cases of a similar nature. This means that future cases will be decided in a similar manner, based on the principles established in the precedent.

Question 11

Precedent,while not an absolute constraint on the courts,is needed to

Accepted Answer

Precedent helps maintain legal consistency over time, which is important in avoiding confusion and uncertainty about the law. For example, if a court were to make a decision that was completely at odds with previous decisions on a similar issue, it could create turmoil in the legal system and make it difficult for individuals and businesses to know how to act. Therefore, precedent serves as a guide for future decisions, helping the courts create a more stable and predictable legal system. While the other options may also be reasons for the importance of precedent, B is the best choice as it is the most overarching reason.

Question 12

Studies by political scientists show that Supreme Court justices

Accepted Answer

Studies have shown that Supreme Court justices are strongly influenced by their political beliefs, which can impact their decisions on cases. However, this influence can vary among different justices and there are also other factors at play, such as legal precedent and the facts of the case.

Question 13

With regard to public opinion,the Supreme Court

Accepted Answer

The Supreme Court attempts to stay close enough to public opinion to avoid outright defiance of its decisions, recognizing the importance of its legitimacy and authority in the eyes of the public.

Question 14

An amicus curiae ("friend of the court")brief provides a court with the view held by

Accepted Answer

An amicus curiae brief is filed by an interest that is not a direct party to the case, providing the court with their view on the matter. Therefore, option A is the correct choice. The Justice Department (B) and solicitor general (E) may file amicus briefs, but they are not the only entities that can do so. The House and Senate judiciary committees (C) do not typically file amicus briefs, and the American Bar Association (D) may file amicus briefs, but they do not represent the only organization that can do so.

Question 15

Of the following Supreme Court justices,which has been or was the most liberal?

Accepted Answer

Thurgood Marshall was known for his strong liberal views, particularly in areas of civil rights and individual liberties.

Question 16

The appointment of which Supreme Court justice in 2006 swung the Supreme Court to the right?

Accepted Answer

Alito replaced the more moderate Justice Sandra Day O'Connor, who had been a swing vote on many important cases. Alito's appointment shifted the balance of the court to a more conservative leaning.

Question 17

According to the doctrine of judicial restraint,the judiciary should

Accepted Answer

According to the doctrine of judicial restraint, the judiciary should defer to decisions made by the legislature. This means that judges should not overturn laws unless they clearly violate the Constitution or other fundamental principles of law. Judicial restraint is based on the idea that unelected judges should not override the decisions of elected officials unless there is a compelling reason to do so.

Question 18

Which of the following Supreme Court justices was appointed during the Clinton administration?

Accepted Answer

Ruth Bader Ginsburg was appointed by President Clinton in 1993.

Question 19

The facts of a case

Accepted Answer

The facts of a case are important in determining which law or laws apply to the case. The judiciary must apply the relevant laws to the facts of the case in order to make a fair decision. However, the facts themselves are not always determinative and the judiciary does have some discretion in making decisions.

Question 20

The term stare decisis refers to

Accepted Answer

Stare decisis is the legal principle of adhering to precedent, meaning that courts should follow the decisions of higher courts in similar cases. It is a key aspect of the common law system, and helps to provide consistency and predictability in judicial decisions.

Quiz 14: The Federal Judicial System: Applying the Law