Question 1

What do you find most significant about having a common law system?

Accepted Answer

The judicial branch is involved in the system of law-making in the United States. Through their interpretation of the law, judges are an important part of the legal system and influence the way law is made and interpreted. They don't just apply the law; they also make it.

Question 2

In standing by precedent, a judge relies on the principle of ________.

Accepted Answer

Stare decisis is the principle of standing by precedent and refers to the practice of using previous court decisions to guide current and future decisions.

Question 3

When it comes to filling judicial positions in the federal courts, do you believe race, gender, religion, and ethnicity should matter? Why or why not?

Accepted Answer

The United States has
become much more diverse, and it is only fitting that the judicial branch more accurately reflects the demographic composition of the population. At the same time, judicial positions should be filled by the most competent and qualified candidates.

Question 4

The justices of the Supreme Court are ________.

Accepted Answer

Justices of the Supreme Court are nominated by the president and confirmed by the Senate as stated in the Constitution (Article II, Section 2).

Question 5

The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.

Accepted Answer

The solicitor general is the lawyer who represents the federal government before the Supreme Court. The Attorney General is the head of the Department of Justice, but does not typically argue cases before the Supreme Court. U.S. attorneys are responsible for prosecuting criminal cases in federal court, and the Chief Justice is the head of the Supreme Court.

Question 6

A state case is more likely to be heard by the federal courts when ________.

Accepted Answer

Federal courts have jurisdiction over cases involving federal law or constitutional issues. If a state case involves a federal question, such as a violation of federal law or the Constitution, it is more likely to be heard by federal courts.

Question 7

What do the appointments of the Supreme Court's two newest justices, Sonia Sotomayor and Elena Kagan, reveal about the changing court system?

Accepted Answer

The answer of What do the appointments of the Supreme...

Question 8

A case will be placed on the Court's docket when ________ justices agree to do so.

Accepted Answer

According to the rule of four, a case can be placed on the Court's docket only when at least four of the nine justices agree to do so. Therefore, choice A is the best answer.

Question 9

The Supreme Court most typically functions as ________.

Accepted Answer

The Supreme Court most typically functions as an appeals court, meaning it hears cases that have already been decided in lower courts and are now being appealed.

Question 10

In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government.

Accepted Answer

In Federalist No. 78, Alexander Hamilton characterizes the judiciary as the "least dangerous" branch of government, stating that it has "neither FORCE nor WILL, but merely judgment." Hamilton argues that the judiciary's power rests solely on the authority to interpret laws and the Constitution, and that the other branches of government have the ability to counteract any decision made by the judiciary that they disagree with.

Question 11

Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Why do you believe the constitution's framers chose lifetime terms?

Accepted Answer

The answer of Explain one positive and one negative aspect...

Question 12

Both state and federal courts hear matters that involve ________.

Accepted Answer

Both state and federal courts have jurisdiction over a wide range of cases, including both civil and criminal matters.

Question 13

Of all the court cases in the United States, the majority are handled ________.

Accepted Answer

The overwhelming majority of court cases in the United States are handled at the state level, including cases regarding criminal law, family law, and civil suits. The state courts are responsible for interpreting and enforcing state laws and constitutions, while federal courts handle cases that involve federal laws or the Constitution. While the U.S. Supreme Court is the highest court in the land, it only hears a limited number of cases each year (around 150), most of which are appeals of decisions made by lower federal courts. The circuit courts and U.S. district courts also handle federal cases, but their caseloads are much smaller than those of the state courts. Therefore, B is the best choice.

Question 14

Which court would you consider to be closest to the people? Why?

Accepted Answer

The answer of Which court would you consider to be...

Question 15

The existence of the dual court system is an unnecessary duplication to some but beneficial to others. Provide at least one positive and one negative characteristic of having overlapping court systems in the United States.

Accepted Answer

The answer of The existence of the dual court system...

Question 16

Do you believe federal judges should be elected rather than appointed? Why or why not?

Accepted Answer

The answer of Do you believe federal judges should be...

Question 17

The Supreme Court's power of judicial review ________.

Accepted Answer

The power of judicial review allows the Supreme Court to declare acts of the other branches unconstitutional. This power was not given to the court in the original constitution, but was established through the landmark case Marbury v. Madison in 1803. While the court also hears cases, and has played a role in establishing the three-tiered court system, these are not the primary functions of judicial review.

Question 18

The Supreme Court consists of ________.

Accepted Answer

The Supreme Court consists of one chief justice and eight associate justices for a total of nine judges.

Question 19

One of the main ways interest groups participate in Supreme Court cases is by ________.

Accepted Answer

Interest groups often file amicus curiae (friend of the court) briefs, which allow them to provide the Court with information and arguments that may not have been presented by the parties involved in the case.

Question 20

Besides the Supreme Court, there are lower courts in the national system called ________.

Accepted Answer

The lower courts in the national system are called district and circuit courts.

Quiz 13: The Courts