Question 1

_____ refers to the authority of a court to hear and decide a particular case.

Accepted Answer

Jurisdiction refers to the legal authority of a court to hear and decide a particular case. It determines whether a court has the power to rule on a certain matter, based on factors such as the subject matter of the case, the parties involved, and the geographical location of the case.

Question 2

Which of the following is a difference between activist judges and restraintist judges?

Accepted Answer

The main difference between activist judges and restraintist judges is that activist judges believe the courts should take an active role in shaping public policy, while restraintist judges believe the courts should defer to the decisions of the legislative and executive branches. Therefore, choice B is the correct answer as it contrasts activist judges with restraintist judges.

Question 3

Which of the following is an example of a justiciable controversy that gives a person or persons a standing to sue?

Accepted Answer

A justiciable controversy refers to a real and substantial dispute that is appropriate for court review, rather than a hypothetical or abstract dispute. In choice A, the hospital has a direct and tangible interest in the removal of toxic garbage by its sewage cleaners, affecting its operations and potentially the health of its patients and staff, making it a justiciable controversy.

Question 4

Which of the following is true of policymaking in the United States?

Accepted Answer

The answer of Which of the following is true of...

Question 5

In the context of Supreme Court conferences, which of the following statements is true of a dissenting opinion?

Accepted Answer

A dissenting opinion can be written by one or more justices who disagree with the majority opinion of the court.

Question 6

The privilege of judicial review empowers federal courts to make laws.

Accepted Answer

The privilege of judicial review allows federal courts to rule on the constitutionality of laws and actions taken by the government, but it does not empower them to make laws. Only Congress has the authority to create laws.

Question 7

An activist judge or justice believes that the courts should actively use their powers to check the legislative and executive branches to ensure that they do not exceed their authority.

Accepted Answer

An activist judge or justice believes in using their powers to interpret the Constitution broadly, and to actively check and restrict the powers of the legislative and executive branches to ensure that they do not exceed their authority.

Question 8

A Supreme Court decision can establish national policy on such issues as abortion, racial segregation, and gay rights.

Accepted Answer

The Supreme Court has the power to establish national policy through its decisions on major issues, including those related to abortion, racial segregation, and gay rights. These decisions can have far-reaching implications for the entire country, setting legal precedents and shaping public discourse.

Question 9

In the context of federal court jurisdiction, which of the following is one of the criteria that qualify a case as a "diversity of citizenship" case?

Accepted Answer

For a case to qualify as a "diversity of citizenship" case, the parties involved must be citizens of different states. Additionally, the amount in controversy must exceed $75,000, not $14,000.

Question 10

Which of the following is true of the checks and balances on the American judiciary?

Accepted Answer

Congress has the authority to limit or otherwise alter the jurisdiction of the lower federal courts as part of the checks and balances on the American judiciary. This is established in Article III, Section 1 of the US Constitution. The other options are incorrect. A is wrong because the Supreme Court does not waste time hearing meritless appeals. C is wrong because justices are expected to base their decisions on the law and Constitution, not their personal values. D is wrong because the Supreme Court can choose to review a case that has already been heard in the lower courts, although they typically only do so if there is a significant legal issue at stake. E is wrong because while legislatures must appropriate funds for implementing court rulings, they are not necessarily obligated to provide all the necessary funding.

Question 11

Which of the following statements is true of the United States Supreme Court?

Accepted Answer

The Supreme Court has appellate authority over cases decided by the U.S. courts of appeals. This means that individuals can appeal a decision made by a lower court to the Supreme Court to ultimately have their case heard and ruled on.

Question 12

A state court decides to pass a law to ban abortion based on religious beliefs. The U.S. Supreme Court invalidates this law as a violation of constitutional rights, including the right to privacy. In this case, the Supreme Court's decision is an example of:

Accepted Answer

The Supreme Court's decision to invalidate a state law as a violation of constitutional rights is an example of judicial activism. Judicial activism occurs when the court interprets the Constitution and laws in a way that expands individual rights and freedoms beyond what has previously been recognized. By striking down the law, the Supreme Court was using its power of judicial review to protect the constitutional rights of individuals, including the right to privacy.

Question 13

In the context of approaches to legal interpretation, originalists believe that to determine the meaning of a particular constitutional phrase, _____.

Accepted Answer

The answer of In the context of approaches to legal...

Question 14

__________is mandated by various established judicial traditions and doctrines, including the doctrine of stare decisis , which theoretically obligates the Supreme Court to follow its own precedents.

Accepted Answer

Self-restraint is mandated by judicial traditions like stare decisis, which requires courts to follow precedents.

Question 15

Which of the following statements is true of the U.S. courts of appeals?

Accepted Answer

The U.S. courts of appeals do not hear evidence or testimony or have a single judge presiding over court proceedings. There are only twelve federal courts of appeals in the United States, not fifty-two. The U.S. courts of appeals are positioned in the middle tier of the federal court system and review the transcript of the trial court's proceedings to determine if there were any significant errors made.

Question 16

Justices Elena Kagan and Sonia Sotomayor, who were appointed by President Obama, joined the conservative bloc.

Accepted Answer

The statement is false. Justices Elena Kagan and Sonia Sotomayor are both considered part of the liberal bloc on the Supreme Court.

Question 17

Which of the following statements is true of administrative laws?

Accepted Answer

Administrative laws are rules, regulations, orders, and decisions of government agencies. They are not enacted by legislative bodies, so A is incorrect. While judges may be influenced by precedent, they are not obligated to follow it under administrative law, so B is incorrect. Administrative laws apply to specific agencies and jurisdictions, and they are not considered the supreme law of the land, so C and D are incorrect.

Question 18

The opinion that receives the support of the largest number of justices, but does not command a majority of the Court, is referred to as a(n)_____.

Accepted Answer

A plurality opinion is a decision in which the largest number of justices agree on a legal reasoning, but they do not comprise a majority of the court. Therefore, it is different from a majority opinion, which commands the support of a majority of the Court. The other options are not correct terms related to opinions in the Supreme Court.

Question 19

Justice Anthony Kennedy is generally less conservative in his views than Sandra Day O'Connor was.

Accepted Answer

Justice Anthony Kennedy, while often a swing vote on the Supreme Court, was generally considered more conservative than Sandra Day O'Connor, especially on issues like abortion and affirmative action where O'Connor's moderate stance placed her to the left of Kennedy.

Question 20

Melissa Salters is taken into custody by a court bailiff in the middle of court proceedings for using obscene language while answering the opposition attorney's questions. Melissa has been formally:

Accepted Answer

Melissa has been held in contempt of court for using obscene language in court.

Quiz 14: The Judiaciary