Question 1

Should the federal courts follow a doctrine of judicial restraint or judicial activism?

Accepted Answer

The question of whether federal courts should follow a doctrine of judicial restraint or judicial activism is a complex and contentious issue.

Judicial restraint advocates argue that federal courts should exercise caution and deference to the other branches of government, particularly when it comes to interpreting and applying the law. They believe that judges should not be overly involved in shaping public policy and should instead focus on interpreting the law as it is written. This approach is seen as promoting stability, predictability, and respect for the separation of powers.

On the other hand, proponents of judicial activism argue that federal courts have a duty to actively protect individual rights and liberties, even if it means challenging or overturning laws passed by the legislative or executive branches. They believe that judges should take a more proactive role in addressing social and political issues, particularly when it comes to protecting marginalized or vulnerable groups. This approach is seen as promoting progress, equality, and justice.

Ultimately, the question of whether federal courts should follow a doctrine of judicial restraint or judicial activism is a matter of ongoing debate and interpretation. Different judges and legal scholars may have differing views on the appropriate role of the judiciary in our system of government. It is important for federal courts to carefully consider the specific facts and circumstances of each case and to strive for a balanced and principled approach to interpreting and applying the law.

Question 2

Besides the civil code, what is another tradition that underlies the American legal framework?

Accepted Answer

A)  Common law 
B)  Natural law 
C)  Positive law 
D)  None of the above 
A)  Common law 
B)  Natural law 
C)  Positive law 
D)  None of the above A

Question 3

To what extent is the Supreme Court sensitive to the public's perception of its image as a partisan political body?

Accepted Answer

A)  Not at all sensitive, as the public is aware that the law requires a minimum of two justices from each of the parties represented in Congress to be on the court 
B)  Not at all sensitive, as the public rightly considers the court as another partisan participant in national politics and policies 
C)  Somewhat sensitive, as the court's legitimacy depends on the public's perception of the court as above partisanship 
D)  Somewhat sensitive, as the court's partisanship may encourage the public to lose interest in politics and gratefully rely on the court to make policy decisions 
A)  Not at all sensitive, as the public is aware that the law requires a minimum of two justices from each of the parties represented in Congress to be on the court 
B)  Not at all sensitive, as the public rightly considers the court as another partisan participant in national politics and policies 
C)  Somewhat sensitive, as the court's legitimacy depends on the public's perception of the court as above partisanship 
D)  Somewhat sensitive, as the court's partisanship may encourage the public to lose interest in politics and gratefully rely on the court to make policy decisions C

Question 4

What does it mean that the Supreme Court is the court of last resort?

Accepted Answer

A)  It is the lowest court 
B)  It is the highest court 
C)  It is the mid-level court 
D)  None of the above 
A)  It is the lowest court 
B)  It is the highest court 
C)  It is the mid-level court 
D)  None of the above

Question 5

How did the Taney Court's judicial philosophy differ from that of the Marshall Court?

Accepted Answer

The Taney Court's judicial philosophy di

Question 6

What purpose did the Judiciary Act of 1789 serve?

Accepted Answer

A)  It established the Supreme Court 
B)  It established judicial review 
C)  It set precedent as the guiding principle for judicial decision making 
D)  It was the originating act for the federal judiciary 
A)  It established the Supreme Court 
B)  It established judicial review 
C)  It set precedent as the guiding principle for judicial decision making 
D)  It was the originating act for the federal judiciary

Question 7

How, if at all, has the Roberts differed from the Rehnquist Court?

Accepted Answer

The Roberts Court, under the leadership

Question 8

The lowest level of courts in the federal judicial system are the ___.

Accepted Answer

A)  U.S. Supreme Court 
B)  U.S. Circuit Courts or Appeals 
C)  U.S. District Courts 
D)  None of the above 
A)  U.S. Supreme Court 
B)  U.S. Circuit Courts or Appeals 
C)  U.S. District Courts 
D)  None of the above

Question 9

With what doctrine was the Taney Court associated, and which landmark decision was its most famous?

Accepted Answer

A)  States' rights; Dred Scott v. Sanford (1857) 
B)  National consolidation; McCulloch v. Maryland (1819) 
C)  Judicial activism; Brown v. Board of Education (1954) 
D)  Judicial restraint; Santa Clara County v. Southern Pacific Railroad (1886) 
A)  States' rights; Dred Scott v. Sanford (1857) 
B)  National consolidation; McCulloch v. Maryland (1819) 
C)  Judicial activism; Brown v. Board of Education (1954) 
D)  Judicial restraint; Santa Clara County v. Southern Pacific Railroad (1886)

Question 10

What differentiates criminal from civil law?

Accepted Answer

A)  Criminal law deals with relations between individuals and organizations whereas civil law prohibits certain actions and prescribes penalties 
B)  Criminal law prohibits certain actions and prescribes penalties whereas civil law deals with relations between individuals and organizations 
C)  In practice, there is no difference between criminal and civil law: it is all a matter of degree of application 
D)  In theory criminal law is law prescribed against criminals and civil law is law written for civilians in a community 
A)  Criminal law deals with relations between individuals and organizations whereas civil law prohibits certain actions and prescribes penalties 
B)  Criminal law prohibits certain actions and prescribes penalties whereas civil law deals with relations between individuals and organizations 
C)  In practice, there is no difference between criminal and civil law: it is all a matter of degree of application 
D)  In theory criminal law is law prescribed against criminals and civil law is law written for civilians in a community

Question 11

Is judicial activism necessary because some issues are just too difficult for the political branches of the government to confront?

Accepted Answer

The Warren Court has been identified as

Question 12

After 1988, when the Supreme Court gained nearly complete discretion over the cases it chooses to hear and resolve, what has happened to the number of cases resolved by the Court per year?

Accepted Answer

A)  The number of cases resolved each year has decreased dramatically from about 146 signed opinions in 1985 to 61 cases in 2016. 
B)  The number of cases resolved has stayed about the same. 
C)  The number of cases resolved has increased dramatically from about 75 signed opinions in 1985 to around 146 today. 
D)  The number of cases has increased slightly from about 146 signed opinions in 1985 to around 175 today 
A)  The number of cases resolved each year has decreased dramatically from about 146 signed opinions in 1985 to 61 cases in 2016. 
B)  The number of cases resolved has stayed about the same. 
C)  The number of cases resolved has increased dramatically from about 75 signed opinions in 1985 to around 146 today. 
D)  The number of cases has increased slightly from about 146 signed opinions in 1985 to around 175 today

Question 13

During his tenure as an associate justice on the Supreme Court, Anthony Kennedy often served as a "swing vote" by voting ___.

Accepted Answer

A)  two-thirds of the time with the four liberal justices, but about one-third of the time with the four conservative justices 
B)  two-thirds of the time with the four conservative justices, but about one-third of the time with the four liberal justices 
C)  two-thirds of the time with the five conservative justices, but about one-third of the time with the three liberal justices 
D)  two-thirds of the time with the five liberal justices, but about one-third of the time with the three conservative justices 
A)  two-thirds of the time with the four liberal justices, but about one-third of the time with the four conservative justices 
B)  two-thirds of the time with the four conservative justices, but about one-third of the time with the four liberal justices 
C)  two-thirds of the time with the five conservative justices, but about one-third of the time with the three liberal justices 
D)  two-thirds of the time with the five liberal justices, but about one-third of the time with the three conservative justices

Question 14

Which judicial decision allowed for state restrictions on abortion but did not actually overturn Roe v. Wade (1973)?

Accepted Answer

A)  No such decision has done that 
B)  Webster v. Reproductive Health Services (1989) 
C)  U.S. v. Lopez (1995) 
D)  U.S. v. Morrison (1995) 
A)  No such decision has done that 
B)  Webster v. Reproductive Health Services (1989) 
C)  U.S. v. Lopez (1995) 
D)  U.S. v. Morrison (1995)

Question 15

In 2013, the _______Senate pushed through a change in Senate rules to allow ___.

Accepted Answer

A)  Democratically-controlled 
B)  approval of most presidential nominees, though not Supreme Court nominees, with 50 votes 
C)  Republican-controlled 
D)  approval of most presidential nominees, including Supreme Court nominees, with 50 votes 
A)  Democratically-controlled 
B)  approval of most presidential nominees, though not Supreme Court nominees, with 50 votes 
C)  Republican-controlled 
D)  approval of most presidential nominees, including Supreme Court nominees, with 50 votes

Question 16

In what sense did the new States formed after independence depart from their inherited common law tradition?

Accepted Answer

A)  They sought to purge the tradition of its democratic aspects 
B)  They sought to purge the tradition of its monarchic aspects 
C)  They sought to purge the tradition of its aristocratic aspects 
D)  Both of the last two options 
A)  They sought to purge the tradition of its democratic aspects 
B)  They sought to purge the tradition of its monarchic aspects 
C)  They sought to purge the tradition of its aristocratic aspects 
D)  Both of the last two options

Question 17

How have the climate and tone surrounding the process of nomination and confirmation to judicial posts changed since the mid-1950s?

Accepted Answer

In general, nominations and confirmation

Question 18

A study of the demographic characteristics of federal judicial appointments of recent presidents reveals that ___.

Accepted Answer

A)  Republicans tend to appoint a greater percentage of minorities and women than Democrats tend to appoint 
B)  Democrats tend to appoint a greater percentage of whites than Republicans tend to appoint 
C)  Republicans tend to appoint a greater percentage of minorities  than Democrats tend to appoint 
D)  Democrats tend to appoint a greater percentage of minorities and women than Republicans tend to appoint 
A)  Republicans tend to appoint a greater percentage of minorities and women than Democrats tend to appoint 
B)  Democrats tend to appoint a greater percentage of whites than Republicans tend to appoint 
C)  Republicans tend to appoint a greater percentage of minorities  than Democrats tend to appoint 
D)  Democrats tend to appoint a greater percentage of minorities and women than Republicans tend to appoint

Question 19

How does a case get heard at the Supreme Court?

Accepted Answer

A case typically gets heard at the Supre

Question 20

Criminal law is defined as ___.

Accepted Answer

A)  Prohibitions against certain actions and prescriptions of penalties for violators 
B)  Law governing the relations between individuals and groups in society 
C)  Prescriptions of punishments for violations of common law 
D)  Prescriptions of punishments for violations of civil law 
A)  Prohibitions against certain actions and prescriptions of penalties for violators 
B)  Law governing the relations between individuals and groups in society 
C)  Prescriptions of punishments for violations of common law 
D)  Prescriptions of punishments for violations of civil law

Should the federal courts follow a doctrine of judicial restraint or judicial activism?

Besides the civil code, what is another tradition that underlies the American legal framework?

To what extent is the Supreme Court sensitive to the public's perception of its image as a partisan political body?

What does it mean that the Supreme Court is the court of last resort?

How did the Taney Court's judicial philosophy differ from that of the Marshall Court?

What purpose did the Judiciary Act of 1789 serve?

How, if at all, has the Roberts differed from the Rehnquist Court?

The lowest level of courts in the federal judicial system are the ___.

With what doctrine was the Taney Court associated, and which landmark decision was its most famous?

What differentiates criminal from civil law?

Is judicial activism necessary because some issues are just too difficult for the political branches of the government to confront?

After 1988, when the Supreme Court gained nearly complete discretion over the cases it chooses to hear and resolve, what has happened to the number of cases resolved by the Court per year?

During his tenure as an associate justice on the Supreme Court, Anthony Kennedy often served as a "swing vote" by voting ___.

Which judicial decision allowed for state restrictions on abortion but did not actually overturn Roe v. Wade (1973)?

In 2013, the _____Senate pushed through a change in Senate rules to allow _.

In what sense did the new States formed after independence depart from their inherited common law tradition?

How have the climate and tone surrounding the process of nomination and confirmation to judicial posts changed since the mid-1950s?

A study of the demographic characteristics of federal judicial appointments of recent presidents reveals that ___.

How does a case get heard at the Supreme Court?

Criminal law is defined as ___.

The Origins of American Political Principles

The Revolution and the Constitution

Federalism and American Political Development

Political Socialization and Public Opinion

The Mass Media and the Political Agenda

Interest Groups: The Politics of Influence

Political Parties: Winning the Right to Govern

Voting, Campaigns, and Elections

Congress: Partisanship, Polarization, and Gridlock

The President: Governing in Uncertain Times

Bureaucracy: Redesigning Government for the Twenty-First Century

Civil Liberties: Ordered Liberty in America

Civil Rights: Where Liberty and Equality Collide

Government, the Economy, and Domestic Policy

Americas Global Role in the Twenty-First Century

Filters

Exam 12: The Federal Courts: Activism Versus Restraint

Should the federal courts follow a doctrine of judicial restraint or judicial activism?

Besides the civil code, what is another tradition that underlies the American legal framework?

To what extent is the Supreme Court sensitive to the public's perception of its image as a partisan political body?

What does it mean that the Supreme Court is the court of last resort?

How did the Taney Court's judicial philosophy differ from that of the Marshall Court?

What purpose did the Judiciary Act of 1789 serve?

How, if at all, has the Roberts differed from the Rehnquist Court?

The lowest level of courts in the federal judicial system are the ___.

With what doctrine was the Taney Court associated, and which landmark decision was its most famous?

What differentiates criminal from civil law?

Is judicial activism necessary because some issues are just too difficult for the political branches of the government to confront?

After 1988, when the Supreme Court gained nearly complete discretion over the cases it chooses to hear and resolve, what has happened to the number of cases resolved by the Court per year?

During his tenure as an associate justice on the Supreme Court, Anthony Kennedy often served as a "swing vote" by voting ___.

Which judicial decision allowed for state restrictions on abortion but did not actually overturn Roe v. Wade (1973)?

In 2013, the _______Senate pushed through a change in Senate rules to allow ___.

In what sense did the new States formed after independence depart from their inherited common law tradition?

How have the climate and tone surrounding the process of nomination and confirmation to judicial posts changed since the mid-1950s?

A study of the demographic characteristics of federal judicial appointments of recent presidents reveals that ___.

How does a case get heard at the Supreme Court?

Criminal law is defined as ___.

The Origins of American Political Principles

The Revolution and the Constitution

Federalism and American Political Development

Political Socialization and Public Opinion

The Mass Media and the Political Agenda

Interest Groups: The Politics of Influence

Political Parties: Winning the Right to Govern

Voting, Campaigns, and Elections

Congress: Partisanship, Polarization, and Gridlock

The President: Governing in Uncertain Times

Bureaucracy: Redesigning Government for the Twenty-First Century

Civil Liberties: Ordered Liberty in America

Civil Rights: Where Liberty and Equality Collide

Government, the Economy, and Domestic Policy

Americas Global Role in the Twenty-First Century

Filters

In 2013, the _____Senate pushed through a change in Senate rules to allow _.