Question 1

In which of the following cases did the Supreme Court first claim the right of judicial review?

Accepted Answer

In Marbury v. Madison (1803), Chief Justice John Marshall established the principle of judicial review, which gives federal courts the power to declare acts of the legislative and executive branches unconstitutional.

Question 2

Which of the following nominates U.S. federal judges?

Accepted Answer

The President of the United States nominates U.S. federal judges, including Supreme Court justices, which is then followed by confirmation by the Senate.

Question 3

Federal judges are appointed to __________ terms.

Accepted Answer

Federal judges are appointed to life terms, meaning they serve until they retire, resign, or are impeached and convicted by Congress. This is intended to ensure their independence and protect them from political pressures.

Question 4

In which court do cases generally begin?

Accepted Answer

Cases generally begin in trial courts, where the facts of a case are initially examined and a verdict is reached.

Question 5

The United States is divided into 12 geographic __________ courts that hear appeals from federal district courts.

Accepted Answer

The correct term to fill in the blank is "circuit" courts. There are 12 circuit courts in the United States, each covering a specific geographic region and hearing appeals from federal district courts within that region. The other options do not accurately describe this type of court system.

Question 6

The Supreme Court sometimes changes the definition of standing to make access for a __________ easier or more difficult.

Accepted Answer

The definition of standing refers to the ability of a party to bring a legal action in court. The term "plaintiff" refers to the party who initiates a lawsuit. Therefore, if the Supreme Court changes the definition of standing, it would affect whether or not a plaintiff can bring a case to court. The other options, such as defendant, prosecutor, district attorney, and appellee, are not directly related to standing.

Question 7

When a case is granted review in an appellate court, the parties submit written __________ presenting their arguments.

Accepted Answer

When a case is granted review in an appellate court, the parties submit written briefs presenting their arguments. Ledgers are books used for keeping financial records, motions are requests made to the court, opinions are the court's written decision or judgment, and plans are not relevant to the process.

Question 8

A grand __________ brings indictments in federal trial courts.

Accepted Answer

A grand jury is a panel of citizens who determine whether there is enough evidence to bring charges in a federal trial court. Therefore, the best choice is E, jury.

Question 9

The __________ Act of 1789 established the basic three-tiered structure of the federal court system.

Accepted Answer

The Judiciary Act of 1789 established the basic three-tiered structure of the federal court system, including the district courts, circuit courts, and the Supreme Court. Therefore, the correct choice is E) Judiciary.

Question 10

Which type of case represents over 75 percent of all cases heard in the 94 federal district courts?

Accepted Answer

Civil cases, such as disputes over contracts or personal injury claims, make up the majority of cases heard in federal district courts. In fact, according to the Administrative Office of the U.S. Courts, civil cases accounted for 356,083 of the 377,941 cases filed in federal district courts in fiscal year 2020, which is over 94 percent of cases filed. Therefore, A) civil is the correct answer as it represents over 75 percent of all cases heard in the 94 federal district courts.

Question 11

When the federal government is a party to a Supreme Court case, the __________ or one of his or her deputies presents the oral arguments.

Accepted Answer

The solicitor general is responsible for representing the federal government in front of the Supreme Court, including presenting oral arguments. The attorney general is not specifically responsible for arguing cases in front of the Supreme Court, although they may be involved in the decision to bring a case to court.

Question 12

How many tiers does the federal judiciary have?

Accepted Answer

The federal judiciary has three tiers: district courts (trial courts), circuit courts (appeals courts), and the Supreme Court (highest court in the U.S.).

Question 13

What is the name given to the power of the courts to interpret, and overturn, the actions of the executive and legislative branches?

Accepted Answer

Judicial review is the power of the courts to interpret and overturn actions taken by the executive and legislative branches if they are deemed unconstitutional. This power was established in the landmark case Marbury v. Madison in 1803. Original jurisdiction refers to the power of a court to hear a case for the first time, while strict construction refers to a particular method of interpreting the Constitution. Precedent and stare decisis relate to the use of previous court decisions as a guide for current cases.

Question 14

For a case to be heard in the Supreme Court, a minimum of how many justices must vote to hear the case?

Accepted Answer

According to the Supreme Court's rules, at least four of the nine justices must vote in favor of granting certiorari (hearing the case) for it to be heard in the Supreme Court.

Question 15

How many justices currently serve on the Supreme Court?

Accepted Answer

There are currently nine justices serving on the Supreme Court, as per the Constitution.

Question 16

Following oral arguments and reading briefs on a case, the justices gather for a __________ to reach a decision.

Accepted Answer

Justices gather for a conference to discuss and reach a decision after hearing oral arguments and reading briefs. A meeting or review does not necessarily imply a decision-making process, and a hearing refers specifically to the presentation of arguments and evidence by both sides in front of a judge or judges. A circuit refers to a geographical region covered by a specific court.

Question 17

Which of the following confers the power to create the office of "chief justice of the United States?"

Accepted Answer

The power to create the office of "chief justice of the United States" is conferred by Article III of the Constitution, which establishes the judicial branch of the federal government and outlines the powers and duties of the Supreme Court, including the appointment of the chief justice.

Question 18

Which of the following is the authority vested in a particular court to hear and decide the issues in a particular case?

Accepted Answer

Jurisdiction is the authority of a particular court to hear and decide the issues in a specific case. Judicial review refers to the power of the courts to review and possibly strike down actions taken by the legislative and executive branches of government. Jurisprudence refers to the philosophy or theory of law. Confirmation refers to the approval of a nominee for a government position by the Senate. Filibuster is a tactic used in the Senate to delay or prevent a vote on a particular issue or nominee.

Question 19

A writ of __________ is a request submitted to the U.S. Supreme Court to review a lower court decision.

Accepted Answer

A writ of certiorari is a request submitted to the U.S. Supreme Court to review a lower court decision. The purpose of the writ is to determine whether a significant legal issue is involved in the case, and whether the lower court decision was correct. The Supreme Court has discretion to grant or deny the writ, and typically grants it in cases where there is a conflict among the lower courts on the legal issue in question or where there is a significant constitutional question to be resolved.

Question 20

Which Article of the Constitution created the federal judiciary?

Accepted Answer

Article III of the Constitution created the federal judiciary, including the Supreme Court and other federal courts.

Quiz 14: The Courts