Deck 8: The Judiciary

Question 1

The "switch in time that saved nine" refers to ________.

A) a change in the ideological direction of the Supreme Court decisions in response to a proposal by President Franklin D. Roosevelt to expand the size of the Supreme Court
B) a change in the makeup of the Supreme Court proposed by President Franklin D. Roosevelt that expanded the court from seven to nine members
C) a change of heart by President Franklin D. Roosevelt regarding his proposed court-packing plan
D) President Franklin D. Roosevelt's plan to expand the size of the court to 15 justices to change the Court's composition so that it would be more sympathetic to his policies
E) Congress's reaction to President Franklin D. Roosevelt's court-packing plan

Answer 1

A

Question 2

U.S. Supreme Court justices are ________ for ________.

A) elected; six-year terms
B) elected; four-year terms
C) elected; life (conditional on good behavior)
D) appointed; six-year terms
E) appointed; life (conditional on good behavior)

Answer 2

E

Question 3

The constitutional requirements of presidential appointment and senatorial advice and consent for federal judges are examples of ________.

A) federalism
B) the separation of powers
C) checks and balances
D) coordination
E) bicameralism

Answer 3

C

Question 4

Courts' abilities to enforce contracts may create incentives for two parties to uphold an agreement when they otherwise would have preferred to defect. By doing so, courts prevent the contracting parties from facing a/an ________.

A) principal-agent problem
B) coordination problem
C) prisoner's dilemma
D) unstable coalition
E) collective action problem

Question 5

What is the LEAST democratic branch of the American national government?

A) the Supreme Court
B) the Senate
C) the presidency
D) the House of Representatives
E) the bureaucracy

Question 6

Effectively, the Court's decision in Marbury v. Madison ______________.

A) invalidated the Missouri Compromise, thus freeing most slaves
B) diminished the Court's jurisdiction under the Judiciary Act
C) gave Congress the authority to establish a national bank
D) gave the Court the power to review the constitutionality of all laws
E) diminished the Court's jurisdiction under the Judiciary Act and gave the Court the power to review the constitutionality of all laws

Question 7

How many justices serve on the Supreme Court?

A) 5
B) 7
C) 9
D) 11
E) 13

Question 8

In most modern democracies, the judiciary is independent of the elected branches and serves to check the authority of the government. "Independent" in this context means the courts are free to decide cases on their merits, with limited or no pressure from ________.

A) public opinion
B) lobbyists
C) the legislative or executive branches
D) bureaucratic agencies
E) lower-level courts

Question 9

Which institution must give "advice and consent" to presidential appointments to the federal judiciary under the terms of the U.S. Constitution?

A) Supreme Court
B) Senate
C) House of Representatives
D) American Bar Association
E) Judicial Conference of the United States

Question 10

By providing and enforcing an authoritative interpretation of the Constitution and federal laws, the federal courts help resolve ________ that arise when lower-level governments act under different interpretations of the law.

A) principal-agent problems
B) coordination problems
C) prisoner's dilemmas
D) unstable coalitions
E) collective action problems

Question 11

Which constitutional provision establishes the federal judiciary?

A) Article I
B) Article II
C) Article III
D) Article IV
E) Article V

Question 12

Which of the following provisions is NOT found in Article III of the U.S. Constitution?

A) Judicial power shall be "vested" in the federal courts.
B) The Supreme Court is the head of the federal courts.
C) Supreme Court justices and lower-court judges are appointed and can hold their offices contingent upon good behavior.
D) The salaries of Supreme Court justices and lower-court judges cannot be reduced while they are in office.
E) The Supreme Court has the power of judicial review.

Question 13

What is necessary for the rule of law to be beneficial to society?

A) Judges must follow the legal model of judicial decision making.
B) People must be able to elect judges that best represent the public good.
C) Courts must decide in favor of one side or the other in a case because of that side's political support for particular judges.
D) Judges must be strict constructionists.
E) Citizens must have faith that the courts will be unbiased and rule fairly based on the law.

Question 14

The Supreme Court has an aura of invincibility and independence, of being "above" politics, because ________.

A) justices are appointed for life rather than being elected, and their decisions are not formally accountable to either the voters or the other branches of government
B) Court decisions have enormous political consequences and the courts are often subject to strong political pressures
C) the Court is critical for solving certain kinds of collective dilemmas and for allowing for productive interactions among people
D) the Court coordinates people's interpretations of the law and the actions they take as a result
E) justices' decisions are determined by the facts of the cases at hand in conjunction with the plain meaning of the relevant and constitutional provisions, the intent of the framers of the Constitution, and legal precedent

Question 15

In Marbury v. Madison, the Supreme Court ________.

A) first declared a federal law invalid under the U.S. Constitution
B) first declared a state law invalid under the U.S. Constitution
C) set precedents for defining the appropriate powers of Congress to regulate commerce
D) first asserted its supremacy over state courts
E) ruled that a Montana law banning corporate and union campaign contributions violated the interpretation of federal law given in Citizens United v. FEC (2010)

Question 16

Suppose Bob agrees to sell his car to Mary for $5,000. They draw up a contract stating that Mary will pay Bob the money on May 1 and that Bob will give the car to Mary on May 2. In the absence of a court of law, Bob might be tempted to "defect" from the agreement by taking Mary's money and then denying her possession of the car. A court, however, enables Mary to sue Bob if he does not honor his obligations under the contract. The relationship between Bob and Mary is a type of ________.

A) collective action problem
B) coordination problem
C) prisoner's dilemma
D) unstable coalition
E) principle-agent problem

Question 17

The Supreme Court decision in Citizens United v. FEC ruled that the _____________.

A) McCain-Feingold campaign finance law violated the freedom of speech protected by the First Amendment
B) McCain-Feingold campaign finance law was too broad, effectively banning all advertisements 60 days before general elections
C) Affordable Care Act put an undue burden on the states to provide health care.
D) Both a and c are correct.
E) None of the above is correct.

Question 18

________ is the authority of courts to decide whether a law or government action is constitutionally permissible.

A) Judicial review
B) Judicial restraint
C) Judicial activism
D) Judicial independence
E) Veto power

Question 19

The courts are centrally important in democratic societies. The U.S. Constitution ________.

A) says remarkably little about the role of the judicial branch
B) never mentions the judicial branch
C) says that the judicial branch is to be part of Congress
D) devotes multiple articles explaining the role of the judicial branch
E) forbids the creation of a judicial branch; however, the Marbury v. Madison decision allowed for the creation of this branch of government

Question 20

Chief Justice John Roberts's opinion in Independent Business v. Sebelius was surprising because

A) it set a precedent that Congress can tax "inactivity."
B) it struck down nearly all aspects of the law.
C) it upheld all aspects of the law.
D) Roberts strayed from his well-known liberal beliefs in writing the opinion.
E) it was a scathing dissent, atypical of chief justices.

Question 21

What is the standard of proof in a civil case?

A) Judges or juries decide which party's side is better supported by the evidence.
B) A judge or jury must find a defendant innocent unless the evidence shows that he or she is guilty beyond a reasonable doubt.
C) Judges or juries must find a defendant guilty unless the evidence shows that he or she is clearly innocent of the crime.
D) A judge or jury merely decides whether the defendant seems to be guilty of the crime.
E) Judges or juries must find a defendant innocent unless there is some incriminating evidence.

Question 22

________ is the official status of a litigant who is entitled to have his or her case decided by a court.

A) Certification
B) Indemnity
C) Standing
D) Privilege
E) Merit

Question 23

Taken together, the set of decisions in Fletcher v. Peck, McCullough v. Maryland and Gibbons v. Ogden ____________.

A) asserted federal court supremacy over state law and state courts
B) established judicial review
C) declared slavery unconstitutional
D) helped democratize the U.S. judicial system
E) organized the way in which cases reach the U.S. Supreme Court

Question 24

Nearly all felonies, such as murder, rape, robbery, burglary, and car theft, are prosecuted at the ________ level. Felonies related to drug offenses have increasingly been heard by ________ courts.

A) federal; state
B) national; state
C) national; federal
D) state; federal
E) state; local

Question 25

Article VI of the Constitution declares that all laws of the United States, and the Constitution itself, shall be "the ________ Law of the Land."

A) supreme
B) sole
C) official
D) standing
E) secondary

Question 26

Why do some scholars believe that the election of state-level judges is problematic?

A) It helps democratize the judicial system.
B) Because most are nonpartisan, citizens cannot use party identification as a cue in voting.
C) It raises concerns that electoral pressures may later interfere with impartiality.
D) It increases the likelihood that voters will choose incumbents.
E) It is uncommon in other parts of the world, thus decreasing the legitimacy of U.S. courts abroad.

Question 27

________ cases involve the government prosecuting a person for a crime against society, while ________ cases involve one person suing another person for violating the civil code of conduct.

A) Civil; criminal
B) Criminal; civil
C) Criminal; social
D) Civil; social
E) Criminal; noncriminal

Question 28

In Fletcher v. Peck, the Supreme Court ________.

A) first declared a federal law invalid under the U.S. Constitution
B) first declared a state law invalid under the U.S. Constitution
C) set precedents for defining the appropriate powers of Congress to regulate commerce
D) first asserted its supremacy over state courts
E) ruled that a Montana law banning corporate and union campaign contributions violated the interpretation of federal law given in Citizens United v. FEC (2010)

Question 29

The standard of proof in a criminal case at any level, except for military tribunals, is that ________.

A) judges or juries decide which side is better supported by the evidence
B) judges or juries must find a defendant innocent unless there is some incriminating evidence
C) judges or juries must find a defendant guilty unless the evidence shows that he or she is clearly innocent of the crime
D) a judge or jury merely decides whether the defendant seems to be guilty of the crime
E) a judge or jury must find a defendant innocent unless the evidence shows that he or she is guilty beyond a reasonable doubt

Question 30

Federal courts are sometimes called upon to decide whether, in a given circumstance, it is appropriate to overturn state courts' decisions. Generally, federal courts ________.

A) would rather overturn state court decisions because of a federal court supremacy provision
B) would rather defer to the state courts if the matter is internal to the states and does not obviously violate national law
C) would rather defer to the state courts if the matter is internal to the states despite violating national law
D) cannot overturn state court decisions because of the confederal court supremacy provision
E) would rather defer to the state courts if the matter is external to the states and does not obviously violate state law

Question 31

Why is the Supreme Court referred to as the court of last resort?

A) There can be no further legal appeals after a hearing at this level.
B) It is better to have your decision settled at a lower court; going to the Supreme Court is an undesirable outcome.
C) Supreme Court justices tend to be less sympathetic to the plight of defendants than lower-court judges, and thus you are more likely to win your case at a lower level.
D) It rarely settles political disputes between the states and national government effectively; thus it is better to have a political case tried in a lower-level court.
E) Like in the Bush v. Gore decision, the Supreme Court rarely settles political disputes between major political parties or candidates in the way the public prefers.

Question 32

What are potential options citizens have if left unsatisfied by Supreme Court decisions?

A) There are no options. The Court's decisions are the supreme law of the land once handed down.
B) Attempt to convince Congress and state courts to ignore the ruling.
C) Wait for the composition of the Court to change and hope the new justices will have a different point of view.
D) Work to pass a constitutional amendment that overrides the Court's decision.
E) Wait for the composition of the Court to change and work to pass a constitutional amendment that overrides the Court's decision.

Question 33

In 2004, the Supreme Court dismissed a First Amendment challenge to a California public school's leading students in the Pledge of Allegiance, since the individual who filed the lawsuit was not the custodial parent of a child in the school and, therefore, was not entitled to have his complaint decided by a federal court. In essence, the case was dismissed due to the parent's lack of ________.

A) certiorari
B) authority
C) mootness
D) standing
E) justiciability

Question 34

In most states, judicial elections are nonpartisan. What does this mean?

A) Judges or prosecutors follow the legal model and do not affiliate with a political party.
B) Judges and prosecutors follow the legal model and run unbiased elections.
C) Judges and prosecutors do not indicate on the ballot their political party affiliations.
D) Judges and prosecutors promise to avoid partisan politics if elected to office.
E) Judges and prosecutors follow the attitudinal model but do not indicate on the ballot their political party affiliations.

Question 35

Currently, there are 13 federal ________, which act as intermediate courts of appeals in the federal judiciary.

A) circuit courts
B) district courts
C) courts of last resort
D) civil courts
E) administrative magistrates

Question 36

Which is a system of jurisprudence in which courts have the authority to determine how laws are interpreted?

A) common law
B) interpretive law
C) natural law
D) fundamental law
E) civil law

Question 37

Which of the following is a lawsuit in which the plaintiff is a group of individuals pressing a common claim?

A) plural suit
B) class action
C) primary action
D) collective suit
E) multiple suit

Question 38

Which is a system of jurisprudence in which laws are interpreted according to authoritative documents created by legislatures and/or executives?

A) common law
B) interpretive law
C) natural law
D) fundamental law
E) civil law

Question 39

Each state has its own hierarchy of courts. At the bottom level is/are ________. In the middle are ________ courts. And at the top of the hierarchy is/are the ________.

A) state trial courts; state appellate; court of last resort/state supreme court
B) state appellate courts; state trial; court of last resort/state supreme court
C) court of last resort/state supreme court; state trial; state appellate courts
D) court of last resort/state supreme court; state appellate; state trial courts
E) state tribunal courts; state appellate; court of last resort/state supreme court

Question 40

A distinctive feature of state courts in the United States, which sets them apart from the federal courts and from most courts around the world, is that ________.

A) a sizable proportion of their judges and prosecutors are appointed by elected officials, rather than elected by voters
B) a sizable proportion of their judges and prosecutors are elected by voters, rather than appointed by elected officials
C) their judges are elected by voters, while their prosecutors are appointed by elected officials
D) their prosecutors are elected by voters, while their judges are appointed by elected officials
E) a sizable proportion of their judges and prosecutors are appointed by the Supreme Court

Question 41

A Supreme Court justice who votes strategically to join a majority to control the opinion assignment process for a given case is acting in accord with the ________ model of judicial behavior.

A) attitudinal
B) strategic
C) extralegal
D) legal
E) objectivist

Question 42

The pattern of partisan voting among Supreme Court justices in the case of Bush v. Gore-with the Democratic justices supporting Gore's position and the Republican justices supporting Bush's-is most consistent with the ________ model of judicial behavior.

A) attitudinal
B) strategic
C) textualist
D) legal
E) objectivist

Question 43

In Brown v. Board of Education, the Supreme Court invalidated the "separate but equal" doctrine articulated in its 1896 decision in Plessy v. Ferguson. The Court's decision in Brown was, therefore, a violation of ________.

A) certiorari
B) class action
C) civil law
D) stare decisis
E) fundamental rights

Question 44

Which is an opinion written by a member of the Supreme Court offering legal reasons why the Court's majority erred in its resolution of a case?

A) majority
B) dissenting
C) concurring
D) advisory
E) ancillary

Question 45

A/an ________ is an individual or organization that is not party to a given case that submits a brief to a court in support of one side or another in pending litigation.

A) amicus curiae
B) stare decisis
C) certiorari
D) caveat emptor
E) de lege lata

Question 46

The Supreme Court does not typically hear appeals for cases in which the issue is ________, that is, for cases in which a decision would have no effect for the parties involved in the dispute.

A) meaningless
B) moot
C) mirandized
D) marginal
E) mortal

Question 47

A student suspended from a public school for wearing a T-shirt promoting drug use appeals her suspension to a federal district court on First Amendment grounds. The American Civil Liberties Union (ACLU) files a brief with the court in support of the student's appeal. In this case, the ACLU is a/an ________.

A) petitioner
B) defendant
C) respondent
D) amicus curiae
E) plaintiff

Question 48

Which institution determines which cases will be heard by the Supreme Court?

A) Supreme Court
B) Senate Judiciary Committee
C) Department of Justice
D) American Bar Association
E) Federal Judicial Center

Question 49

Chief Justice John Roberts commented that a judge's job is like that of a baseball umpire who calls balls and strikes-that is, to decide neutrally based on how one sees the facts. This is an example of the ________ model of judicial behavior.

A) attitudinal
B) rational choice
C) extralegal
D) legal
E) objectivist

Question 50

In the famous case Roe v. Wade, many followers of the Court believed that the case should have been dismissed because it reached the court after the petitioner was forced to make a decision about keeping or aborting her unborn child. This argument is based on the legal concept of ________.

A) mootness
B) justiciability
C) standing
D) constitutional law
E) stare decisis

Question 51

In the Escola v. Coca-Cola Bottling Co. (1944) California Supreme Court case, Justice Roger Traynor was a member of the majority; he wrote an opinion arguing that rather than deciding the case on grounds of negligence, a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers. This is an example of a ________.

A) majority opinion
B) dissenting opinion
C) concurring opinion
D) advisory opinion
E) ancillary opinion

Question 52

Which model of judicial behavior reflects the idea that judges decide cases based on the objective application of legal rules to the facts presented to the court?

A) attitudinal
B) rational choice
C) extralegal
D) legal
E) objectivist

Question 53

Which is an opinion written by a member of the majority of the Supreme Court in a given case that offers alternative legal reasoning for reaching the same result in the case?

A) opinion
B) dissenting
C) concurring
D) advisory
E) ancillary

Question 54

Which legal philosophy prescribes that judges should use the intentions of those who wrote the law or the Constitution as guides for how to interpret the law?

A) textualism
B) strict constructivism
C) judicial activism
D) pragmatism
E) naturalism

Question 55

How many votes are required for the Supreme Court to grant certiorari?

A) three
B) six
C) five
D) four
E) seven

Question 56

The principle of stare decisis requires that judges make decisions in accordance with ________.

A) prior decisions of their courts
B) international law
C) federal law
D) the Constitution
E) advisory opinions from attorneys general

Question 57

Which norm of judicial behavior is most closely related to the common law system in the United States?

A) judicial restraint
B) stare decisis
C) judicial activism
D) caveat emptor
E) de lege lata

Question 58

Which model of judicial behavior reflects the idea that judges decide cases primarily on the basis of their personal policy preferences?

A) attitudinal
B) rational choice
C) extralegal
D) legal
E) objectivist

Question 59

Which model of judicial behavior reflects the idea that judges decide cases based on their assessments of the likely behavior of other judges, political institutions, and the public?

A) attitudinal
B) strategic
C) extralegal
D) legal
E) objectivist

Question 60

In the early twentieth century, Justice Oliver Wendell Holmes wrote several historic ________ in which he disagreed with the majority, laying the groundwork for expanding freedom of speech in later Court majority decisions.

A) concurrences
B) debates
C) dissents
D) ancillaries
E) advisories

Question 61

Compare and contrast the legal, attitudinal, and strategic models of judicial behavior. Identify and explain the models. What assumptions do they make about judges' values and preferences? What implications does each set of assumptions have for how judges are understood to decide cases? Which model is, in your opinion, the most accurate representation of the behavior of judges? Explain your answer.

Question 62

Judges said to exercise "judicial restraint" and not enter into the policy-making process are most likely ________.

A) naturalists
B) pragmatists
C) judicial activists
D) strict constructionists
E) textualists

Question 63

What provision(s) of the U.S. Constitution establish and empower the federal judiciary? What important institutions and grants of authority are explicitly defined in the Constitution? What aspects or practices of federal judicial power are not explicitly supported by the Constitution's text? To what extent is the practice of judicial power in the United States consistent with the intents of the Constitution's framers?

Question 64

Historically, strict constructionists have tended to be ideologically ________, while judicial activists have tended to be ideologically ________.

A) liberal; conservative
B) moderate; conservative
C) conservative; moderate
D) conservative; liberal
E) moderate; liberal

Question 65

Compare the method of selecting federal judges with judicial selection methods used in the American states and with those used in other countries. Which system(s) promote the greatest democratic accountability? Which systems promote the greatest judicial independence? Should the U.S. Constitution be amended to alter the method of selecting federal judges? If so, which alternative systems would you propose to replace the current one? Why? If not, why is the current system favorable to the alternatives?

Question 66

Judges who examine how the law as written should be applied to contemporary affairs are ________.

A) strict constructionists
B) textualists
C) judicial activists
D) pragmatists
E) naturalists

Question 67

What is the legal principle of stare decisis? Why is it important in a common law system? Why is stare decisis somewhat less important in a civil law system? Are federal courts strictly bound by stare decisis? What might be the cost or downside of making stare decisis mandatory? What might be the cost or downside of eliminating the principle of stare decisis?

Question 68

Explain the importance of the Marbury v. Madison Supreme Court decision. What were the facts of the case? What legal and constitutional issues did it present? How was the case decided by the Supreme Court? Why was this result significant? How did this result relate to the long-term political development of judicial power in the United States?