Question 1

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 issued when no single opinion gains the majority of the justices, but it has more support than any other opinion.

Question 2

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 3

According to _____ of the U.S. Constitution, there is only one national Supreme Court, but Congress is empowered to create additional courts as it deems necessary.

Accepted Answer

Article III of the U.S. Constitution establishes the judicial branch of the federal government, including the Supreme Court, and grants Congress the authority to create lower federal courts as needed.

Question 4

The U.S. Supreme Court:

Accepted Answer

The U.S. Supreme Court has discretionary power regarding whether to issue a writ of certiorari, meaning it is not obligated to grant these petitions. This allows the Court to choose which cases it will hear, based on factors such as the case's importance, the need to resolve conflicts among lower courts, and the presence of a significant legal question.

Question 5

The appellate court's decision in a case is final if:

Accepted Answer

The appellate court's decision in a case becomes final if the high court (such as the Supreme Court in the United States) declines to review the case. This means the appellate court's decision stands as the final judgment.

Question 6

Justices of the Supreme Court are appointed by the president with the advice and consent of the _____.

Accepted Answer

Justices of the Supreme Court are appointed by the President but must be confirmed by the Senate, as part of the "advice and consent" powers granted to the Senate by the U.S. Constitution.

Question 7

In the context of Supreme Court conferences, an opinion that commands the support of more than half of the justices is called a _____.

Accepted Answer

A majority opinion is the official statement of the court's decision and its reasoning, which gains the support of more than half of the justices participating in the case.

Question 8

Which of the following best describes the writ of certiorari ?

Accepted Answer

A writ of certiorari is an order issued by a higher court to a lower court to send up the records of a case for review. This allows the higher court to examine the case and its proceedings.

Question 9

A denial of a writ of certiorari :

Accepted Answer

A denial of a writ of certiorari by the Supreme Court means that the decision of the lower court stands as the law within that court's jurisdiction, but it does not imply agreement with the lower court's decision by the Supreme Court.

Question 10

In a robbery case, the accused was found guilty and was sentenced to three years of imprisonment. The majority opinion of the Supreme Court justices was based on a witness's statement. Justice Harvey, though in agreement with the Court's decision, agreed to the ruling for different reasons. He based his opinion on the DNA fingerprinting reports. Justice Harvey wrote a(n) _____.

Accepted Answer

Justice Harvey wrote a concurring opinion because he agreed with the majority's decision but for different reasons.

Question 11

Which of the following is true of the requirement of standing to sue?

Accepted Answer

Standing to sue limits the issues that can be decided by state and federal courts by ensuring that only parties with a concrete and particularized injury can bring a lawsuit.

Question 12

Which of the following statements is true of the federal court system in the United States?

Accepted Answer

The U.S. district courts indeed serve as the trial courts at the lowest tier of the federal court system, handling both civil and criminal cases under federal law.

Question 13

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 14

Which of the following best describes the term "contempt of court"?

Accepted Answer

Contempt of court refers to the act of disobeying a court order or showing disrespect towards the court or a judicial proceeding.

Question 15

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

Accepted Answer

The U.S. courts of appeals review the transcript of the trial court's proceedings, focusing on the application of the law rather than hearing new evidence or testimony.

Question 16

After the justices of the Supreme Court have considered all the information provided by the appellate attorneys, they:

Accepted Answer

The justices of the Supreme Court discuss cases in a private conference among themselves, without any outside presence, including law clerks, to maintain confidentiality and integrity in their deliberations.

Question 17

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

Using obscene language in court can lead to being held in contempt of court, as it violates the decorum and rules of the courtroom.

Question 18

A justiciable controversy is an issue that:

Accepted Answer

A justiciable controversy is one that is real and substantial, meaning it involves actual legal disputes that can be resolved by the court, rather than hypothetical or academic questions.

Question 19

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

Accepted Answer

The U.S. Supreme Court has appellate authority over cases decided by the U.S. courts of appeals, meaning it can review, modify, or overturn those decisions. This is a fundamental aspect of its role in the U.S. judicial system.

Question 20

The Foreign Intelligence Surveillance Court (FISC) was initially created to:

Accepted Answer

The Foreign Intelligence Surveillance Court (FISC) was established to issue search warrants against suspected foreign spies within the United States, ensuring that the surveillance of these individuals for national security purposes is conducted within legal parameters.

Quiz 14: The Judiciary