Question 1

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

Accepted Answer

While judges are bound to follow previous legal interpretations, there are often multiple legal justifications for any decision in a case, and judges must decide which interpretation they believe is most persuasive. This can be influenced by their own political views and ideologies.

Question 2

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

Accepted Answer

The Supreme Court's time is split between hearing cases and other responsibilities such as reviewing petitions, issuing orders, and conducting conferences.

Question 3

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 subject to elections, but instead is appointed for life by the president and confirmed by the Senate. Therefore, the Court is not necessarily responsive to the views of the public, Congress, or the president, but rather is meant to interpret the Constitution and the law impartially.

Question 4

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 Supreme Court only hears a small percentage of cases that are petitioned for review, whereas the appeals court decision is typically the final decision in the majority of cases.

Question 5

The Constitution is silent on the concept of judicial review.

Accepted Answer

The Constitution does not explicitly mention the concept of judicial review, which was established by the Supreme Court in the landmark case Marbury v. Madison in 1803.

Question 6

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

Accepted Answer

This is known as the "burden of production" shifting, and it can occur when the plaintiff has presented enough evidence to establish a prima facie case, thus shifting the burden of production to the defendant to present evidence to refute the plaintiff's claim.

Question 7

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 true based on the original jurisdiction as specified in Article III of the Constitution.

Question 8

The Supreme Court has ruled to limit the president's authority.

Accepted Answer

The Supreme Court has the power to interpret the Constitution and has ruled in the past to limit the authority of the president.

Question 9

The Supreme Court is the only national institution that can alter the Constitution.

Accepted Answer

The Constitution can be altered through amendments, which require approval by Congress and ratification by the states, not solely by the Supreme Court.

Question 10

The Supreme Court is a national policy-making institution.

Accepted Answer

The Supreme Court, as the highest court in the United States, has the power to interpret the Constitution and federal laws, and its rulings have a significant impact on national policy. Therefore, it can be considered a national policy-making institution.

Question 11

What is a court's appellate jurisdiction?

Accepted Answer

Appellate jurisdiction refers to the authority of a court to review decisions from lower courts and change or uphold them. It does not refer to the types of cases that originate in the court, the power to review the constitutionality of cases, or the authority to determine the meaning of a law. It may involve making rulings on the facts of a case but that's not what defines the appellate jurisdiction.

Question 12

Which of the following was a part of the Judiciary Act of 1789?

Accepted Answer

The Judiciary Act of 1789 created both federal circuit and district courts. The other options are incorrect: A is too broad, B refers to the power of judicial review which was established in Marbury v. Madison in 1803, C set the number of justices at six not nine, and E is incorrect because the power to nominate a Supreme Court justice is given to the president by the Constitution, not by the Judiciary Act.

Question 13

The early details of the Supreme Court, including setting the number of justices at six and determining its internal organization, were established in:

Accepted Answer

The Judiciary Act of 1789 established the number of Supreme Court justices at six and organized the Court's internal functions.

Question 14

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 15

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 interpretations of the Constitution must evolve and adapt to changing social, political, and technological circumstances. They argue that a static interpretation of the Constitution based solely on the original intent of the Founders does not account for changes that could not have been foreseen by them.

Question 16

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

Accepted Answer

Article III of the U.S. Constitution outlines the creation of the U.S. Supreme Court, as well as the authority of the federal judiciary as a whole.

Question 17

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 website, "The Chief Justice, when in the majority, assigns the writing of the Court’s opinion (or an order announcing the Court’s judgment) to a Justice (or, in rare instances, to himself or herself). If the Chief Justice is in the minority, the justice senior in years of continuous service who is in the majority assigns the opinion."

Question 18

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

Accepted Answer

Plea bargaining is a common method used to resolve criminal and civil cases without going to trial. The defendant agrees to plead guilty or no contest in exchange for a reduced sentence or other concessions, such as dropping some charges. This process helps save time and resources for both parties involved in the case.

Question 19

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

Accepted Answer

In criminal cases, the burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The defendant is innocent until proven guilty.

Question 20

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

The answer of When a court is the first one...

Quiz 14: The Courts