Question 1

In most cases that involve a broad policy, the justices of the Supreme Court depend on the president for enforcement.

Accepted Answer

The Supreme Court lacks direct enforcement power, so it relies on the executive branch, led by the president, to implement its decisions.

Question 2

The law clerks of the Supreme Court justices create a discuss list on a given day.

Accepted Answer

False

Question 3

________ of the U.S. Constitution created the U.S. Supreme Court.

Accepted Answer

Article III of the U.S. Constitution created the U.S. Supreme Court, along with giving Congress the power to establish inferior courts. Article I deals with the legislative branch, Article II deals with the executive branch, and Article IV deals with state relations.

Question 4

The Supreme Court justices typically hear about 12 percent of all cases submitted to them for appeal.

Accepted Answer

The Supreme Court hears a very small percentage of cases submitted for appeal, typically less than 1% of the thousands of petitions they receive each term.

Question 5

The original jurisdiction of the Supreme Court includes those cases that go directly to the Court for a full hearing. As specified in Article III of the Constitution, this includes disputes involving foreign ambassadors, countries, or cases in which a state is a party in the case.

Accepted Answer

This is an accurate description of the original jurisdiction of the Supreme Court as outlined in Article III of the Constitution.

Question 6

The chief justice is responsible for assigning the majority opinion to another justice on the Court but only when the chief justice is in the voting majority at the conference meeting.

Accepted Answer

According to the Supreme Court's Rules of Procedure, "The Chief Justice shall have the power to assign the writing of an opinion in any case in which he is in the majority, or to appoint the member of the Court who is to do so." However, it is not required that the chief justice be in the voting majority for this power to be exercised.

Question 7

Although appeals courts are between the district courts and the Supreme Court, in actuality it is in the appeals courts where the final decision is rendered in most federal appellate cases.

Accepted Answer

This is because the vast majority of cases are resolved at the appeals court level, with only a small number being selected for review by the Supreme Court.

Question 8

The justices typically select cases that have political questions to adjudicate.

Accepted Answer

The justices of the Supreme Court typically avoid cases that involve political questions, as these are considered non-justiciable issues that are meant to be resolved by the legislative or executive branches.

Question 9

The Constitution is silent on the concept of judicial review.

Accepted Answer

The Constitution does not explicitly mention the power of judicial review. It was established by the U.S. Supreme Court in the 1803 landmark case Marbury v. Madison.

Question 10

In criminal cases, the burden of proof is on the defendant.

Accepted Answer

In criminal cases, the burden of proof is on the prosecution, not the defendant. The prosecution has to prove the guilt of the defendant beyond a reasonable doubt.

Question 11

Many criminal and civil cases are settled without a trial through plea bargaining.

Accepted Answer

Plea bargaining is a common practice in the legal system where a defendant may agree to plead guilty in exchange for a more lenient sentence or lesser charges. This is often used to avoid the time and expense of a trial. Therefore, many criminal and civil cases are settled through plea bargaining rather than going to trial.

Question 12

The current Supreme Court is quite conservative but also activist.

Accepted Answer

The current Supreme Court has a conservative majority, with six out of nine justices appointed by Republican presidents. However, they have also been described as activist in their approach to interpreting the Constitution, often making significant rulings on issues such as abortion, LGBTQ rights, and immigration.

Question 13

Although judges are bound to follow previous legal interpretations, their political views still matter because

Accepted Answer

While judges are bound to follow legal precedents, there are often multiple legal justifications for any decision. Therefore, judges may choose to emphasize one legal justification over others, and their personal political views may influence that decision-making process. However, judges are not elected officials and do not represent constituents in the same way that members of Congress do. While judges may have political aspirations, this is not a universal trend and does not necessarily impact their decisions on the bench. Judges do not typically ignore the decisions of other courts without good reason.

Question 14

Recent courts have been less willing to deviate from precedent than earlier courts.

Accepted Answer

Recent courts, particularly the U.S. Supreme Court, have shown a willingness to overturn or deviate from established precedents in significant cases, reflecting a shift in judicial philosophy or interpretation.

Question 15

In Marbury v. Madison, the Court asserted its power by forcing Secretary of State James Madison to deliver Justice William Marbury his commission so that Marbury could rightfully take his place as a justice of the peace.

Accepted Answer

In Marbury v. Madison, the Court established the principle of judicial review but concluded it did not have the authority to force Madison to deliver Marbury's commission.

Question 16

The Supreme Court tends to be responsive to the views of the public, Congress, and the president because of the nature and frequency of Supreme Court elections.

Accepted Answer

The Supreme Court is not elected, but appointed for life. This suggests that the Supreme Court is not as directly influenced by public opinion, Congress, or the President as other branches of government. However, the Supreme Court may still take into account the political and social context of the times in their decision-making process.

Question 17

In some civil cases, the burden of proof can shift from the plaintiff to the defendant.

Accepted Answer

In certain situations, such as in cases involving product liability, the burden of proof can shift from the plaintiff to the defendant. This means that the defendant has to prove that they are not liable for the damages or injuries claimed by the plaintiff.

Question 18

Supporters of a living Constitution argue that other legal perspectives do not allow the legal system to adapt in response to changes in technology, values, and society that could not have been anticipated by America's founders.

Accepted Answer

Supporters of a living Constitution believe that the Constitution should be interpreted in a way that allows for adaptation to changes in technology, values, and society. They argue that other more strict legal perspectives do not allow for this type of flexibility.

Question 19

When a court is the first one to interpret the application of law from a lower court, it is said to have original jurisdiction.

Accepted Answer

Original jurisdiction refers to a court's power to hear a case for the first time, not to interpret the application of law from a lower court.

Question 20

Most of the Supreme Court justices' time is spent hearing cases.

Accepted Answer

Most of the Supreme Court justices' time is spent researching, writing opinions, and reviewing petitions, not just hearing cases.

Quiz 14: The Courts