Deck 15: The Federal Courts

Question 1

Which of the following must confirm all federal judges?

A)the House of Representatives -Consider This: The House of Representatives is considered the lower house of the legislature and is therefore not constitutionally responsible for confirmation of executive branch appointees.
B)the Supreme Court
C)the Senate
D)the states

Answer 1

C

Question 2

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
--Alexander Hamilton, Federalist No. 78, 1788


-Why might Franklin D Roosevelt have disagreed with Hamilton's argument about the judiciary?

A)The Court believed that federal intervention in the economy was unconstitutional and overturned many New Deal acts.
B)The Court opposed Roosevelt's plan to add new justices.-Consider This: Roosevelt's court packing plan came from his anger at the Court overturning the AAA and NRA.
C)The Court typically gave deference to the decisions enacted by the elected branches of government.
D)Justices opposed him seeking a third term in office.

Answer 2

The Court believed that federal intervention in the economy was unconstitutional and overturned many New Deal acts.

Question 3

Questions 9 and 10 refer to the following graph.
The changing ideological orientations of Supreme Court Justices
Based on the graph,why might many Supreme Court decisions be decided by a vote of 5-4 in 2014?

A)The Court hears more cases on controversial issues than it did in the past.-Consider This: The Court has heard cases on controversial issues throughout its history,but was not as divided as it is today.
B)The partisan divide in the Court has grown wider over the years.
C)The increasing diversity of the justices leads to multiple opinions.
D)Presidents are more willing to appoint moderate justices than in the past.

Answer 3

B

Question 4

Credit: Joseph Mirachi/The New Yorker Collection/The Cartoon Bank

-Which of the following limits the power to which the cartoonist alludes?

A)judicial review
B)judicial activism -Consider This: Judicial activism is a means for judges to advance policy from the bench.The principle in question encourages deference to previous cases,making the current judge's role appear less consequential.
C)stare decisis
D)life tenure

Question 5

The changing ideological orientations of Supreme Court Justices

-How did Justice Souter's 2009 retirement reflect the trend in this graph?

A)He waited for the Democrats to be in control of Congress.
B)He waited for a liberally-minded president who would appoint a justice with ideas similar to his own.
C)He wanted to avoid the appearance of impropriety when deciding important cases on the docket in 2008 -Consider This: Although the judicial branch was designed to be insulated from partisan politics,justices often employ an ideological slant,not only in their rulings but in their decisions on when to leave the court.
D)He hoped he might become Chief Justice.

Question 6

Which type of law involves the violation of the legal rights of one individual toward another?

A)civil
B)natural
C)recidivist
D)criminal -Consider This: In a criminal law case,the offense may be harmful to an individual or to society whereas the case in question involves a dispute between two parties.

Question 7

Questions 14 and 15 refer to the following image. Credit: Joseph Mirachi/The New Yorker Collection/The Cartoon Bank
What is the cartoonist's main argument about the Supreme Court?

A)Justices tend to assume that laws are unconstitutional.-Consider This: Supreme Court justices uphold many of the laws that come before the Court.
B)Justices have a negative attitude toward law making.
C)Justices have significant discretion in deciding constitutional matters.
D)Justices tend to disagree on constitutional matters.

Question 8

How long are federal district court judges' terms?

A)three years
B)ten years -Consider This: Terms are purposefully lengthy to permanently insulate federal district court judges from the political process.
C)twenty years
D)lifetime

Question 9

Questions 16 and 17 refer to the following image.
Interest groups often use the judicial system to pursue their policy goals,forcing the courts
to rule on important social issues. Credit: Paul Conklin/PhotoEdit,Inc.
How does the photo reflect interest groups' influence over the judicial system?

A)The bilingual classroom is the result of successful parental litigation.
B)School children are able to sue their schools for better teachers.
C)Teachers' unions successfully won smaller class sizes through litigation.-Consider This: This is still something for which teachers fight,and not something that has been adjudicated.
D)It is easy for all interest groups to find judges that will rule on their behalf.

Question 10

Who represents the federal government in appeals to the Supreme Court?

A)attorney general -Consider This: Prior to the creation of the Justice Department,the attorney general was responsible for handling all cases pertaining to the United States in the Supreme Court.Now,the third-ranking official in the Justice Department handles Supreme Court appeals.
B)president
C)solicitor general
D)chief prosecutor

Question 11

Which of the following is a way that interest groups attempt to influence the Supreme Court's decisions?

A)claiming disputes are justiciable
B)filing standing to sue briefs -Consider This: Standing to sue requires that plaintiffs have sustained a direct consequence as a result of the individual or group being sued.The measure in question does not require direct personal involvement in the case in order to bring a suit.
C)lobbying legislators
D)filing amicus curiae briefs

Question 12

“It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each…. If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply…. The judicial power of the United States is extended to all cases arising under the Constitution.”
--Chief Justice John Marshall, Marbury v. Madison, 1803

-Which of the following statements reflects a criticism of judicial review?

A)It means that Congress cannot pass laws without judicial approval.
B)It gives the president too much power over the courts.
C)It gives the court too much power over the other two branches.
D)The Supreme Court can single-handedly change the Constitution.-Consider This: Judicial review gives the Supreme Court power to determine a law's constitutionality,not to amend or change the Constitution itself.

Question 13

What is common law?

A)the accumulation of judicial decisions about legal issues
B)laws passed by legislatures -Consider This: Both common law and statutes (laws passed by legislatures)fall into the category of civil law,which are disputes between parties over a wide variety of matters.
C)disputes between two parties
D)issues capable of being settled as a matter of law

Question 14

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

A)one
B)four
C)five -Consider This: While the approval of several justices is needed to issue a writ of certiorari,a majority is not required.
D)six

Question 15

What does the Supreme Court issue when it agrees to hear a case?

A)writ of mandamus -Consider This: While both a writ of mandamus and the correct judicial principle are orders by superior courts to lower courts,only the writ in question results in the review of a lower court decision.
B)prohibition
C)writ of certiorari
D)attachment

Question 16

What is the authority of a court to hear a case first,thus determining the facts of the case?

A)original jurisdiction
B)judicial review -Consider This: The Supreme Court has the power of judicial review as it assesses the constitutionality of laws,however,this does not require that it be the first court to hear a given case.
C)jurisprudence
D)confirmation

Question 17

Which court hears appeals from federal independent regulatory commissions?

A)courts of appeals
B)the cabinet
C)district courts
D)U.S.Supreme Court -Consider This: The court in question has the authority to review final decisions of district courts and to hear rebuttals to orders of many federal regulatory agencies.

Question 18

“It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each…. If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply…. The judicial power of the United States is extended to all cases arising under the Constitution.”
--Chief Justice John Marshall, Marbury v. Madison, 1803

-Which of the following powers did Marshall assert the Supreme Court had in Marbury v.Madison?

A)the power to make laws -Consider This: This power stayed with Congress,but the Court has the power to interpret the constitutionality of those laws.
B)the power to declare laws unconstitutional
C)the power to give out federal jobs
D)the power to make rules for the executive branch

Question 19

Under what circumstances does the Supreme Court hears cases from state courts?

A)only when they create common law -Consider This: As a form of civil law,common law is the accumulation of judicial decisions about legal issues and can exist at all levels of the judiciary,not only that for which the Supreme Court hears cases.
B)only when they refer to civil rights
C)only when they involve a federal question
D)only when they'll change the criminal code

Question 20

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
--Alexander Hamilton, Federalist No. 78, 1788

-Why might Hamilton have stated that the judiciary has "neither FORCE nor WILL,but merely judgment"?

A)The Supreme Court can issue,but not enforce,its own decisions.
B)The Constitution prohibits the judiciary from ruling on military matters.
C)Congress regularly makes laws that contradict Supreme Court decisions.
D)The judiciary was created to be the weakest of the three branches.-Consider This: Hamilton argues that the judiciary is weaker than the other two branches to assuage people's concerns,but the three branches were created to be equally powerful.

Question 21

Which of the following has the most control over the cases it hears?

A)federal district courts
B)trial courts
C)state courts of original jurisdiction -Consider This: Courts of original jurisdiction,both federal and state,represent the entry points for most cases going to trial.They therefore have less discretion over the cases they hear,unlike courts which focus their efforts on constitutional interpretation.
D)the U.S.Supreme Court

Question 22

What jurisdiction is the Supreme Court exercising when it agrees to hear a case appealed to it from a court of appeals?

A)original
B)constitutional -Consider This: The form of jurisdiction in question is not unique to the Supreme Court; it applies to any court not reviewing the factual record of a case but instead considering the legal issues involved.
C)mandatory
D)appellate

Question 23

What is the point of original jurisdiction for most litigation in the federal courts?

A)the Supreme Court
B)the U.S.district courts
C)the U.S.Court of Federal Claims -Consider This: The Court of Federal Claims is a legislative court created to handle specialized cases within a particular area of jurisdiction whereas the court in question handles cases pertaining to a diversity of areas.
D)the U.S.courts of appeals

Question 24

Who attempted to expand the number of Supreme Court justices in 1937?

A)Chief Justice Warren
B)Chief Justice Marshall
C)President Hoover -Consider This: The president in question attempted to protect his trademark legislation by encouraging favorable interpretation of the constitutionality of those laws.
D)President Roosevelt

Question 25

Proponents of which of the following believe that it is appropriate for judges to make bold policy decisions when doing so is necessary to address pressing societal needs?

A)judicial restraint
B)strict constructionism
C)judicial activism
D)originalism -Consider This: Judges who practice originalism do not originate novel decisions or perspectives but rather seek to apply the original intent or meaning of laws to their interpretations.

Question 26

Which type of court is the Court of Military Appeals?

A)constitutional
B)district
C)legislative
D)circuit -Consider This: Courts like the Court of Military Appeals,the Court of Federal Claims,and Tax Court were formed by Congress for specialized purposes with judges who have specific areas of jurisdiction.

Question 27

Which Court was one of the most active in shaping public policy in the twentieth century?

A)Rehnquist -Consider This: Like the court in question,the Rehnquist Court did not shy away from politically sensitive issues.Unlike the court in question,however,its decisions were not considered revolutionary as it rarely reversed the decisions of courts ideologically opposed to its majority.
B)Warren
C)Fortas
D)Chase

Question 28

In which courts are the vast majority of all cases tried?

A)federal -Consider This: While the federal government has vast jurisdiction in a multitude of areas,most of the everyday cases brought to court do not happen at the national level.
B)district
C)state
D)appellate

Question 29

What are two types of jurisdiction courts can have?

A)original and appellate
B)trial and appeals -Consider This: Although the courts in question often fall into these two categories,the formal names given to them reflect the nuances of the cases they hear.
C)constructionist and restrained
D)active and restrained

Question 30

Which of the following is an opinion written by a justice who voted with the majority but has an alternative basis for the decision?

A)concurring
B)dissenting -Consider This: The dissenting opinion differs with the majority,not only in rationale but also in conclusion,whereas the opinion in question agrees with the end result supported by the majority.
C)majority
D)percuriam

Question 31

In what process does the Senate generally allow senators of the president's party from the state in which a judicial vacancy occurs to block a judicial nomination?

A)advice and consent -Consider This: Advice and consent refers to the constitutional power of the Senate as a whole to approve presidential nominees,rather than the unwritten tradition described here.
B)presidential deference
C)judicial review
D)senatorial courtesy

Question 32

Which of the following must plaintiffs have in order to sustain a lawsuit in court?

A)a serious injury -Consider This: Plaintiffs in civil cases are often qualified as having cause to file a lawsuit due to a serious injury but other factors are considered as well; immediate danger of sustaining a direct injury or the general qualification that they hold a serious interest in the case are also factored in.
B)money
C)standing to sue
D)an attorney

Question 33

How and whether judicial decisions are translated into actual policy is known as judicial __________.

A)implementation
B)execution -Consider This: Because court decisions are carried out by other entities within government,the action of putting them into practice is more than simple execution; it requires that they be translated into policy.
C)legislation
D)intention

Question 34

What type of standing permits a small number of people to sue on behalf of all other people in similar circumstances?

A)criminal
B)statute
C)class action
D)justiciable -Consider This: "Justiciable" is a broad term for a dispute settled by law whereas the term in question is considerably more narrow,addressing the ability of a few to represent many in court.

Question 35

Whose nomination to the Supreme Court did the Senate refuse to confirm in 1987?

A)Antonin Scalia -Consider This: Antonin Scalia,like the nominee in question,was named to the court by Ronald Reagan and was an originalist,but his appointment was approved by the Senate.
B)Earl Warren
C)Robert Bork
D)John Roberts

Question 36

Which of the following is within the original jurisdiction of the Supreme Court?

A)federal criminal matters -Consider This: The vast majority of Supreme Court cases come from the appellate or appeals process.Federal criminal cases fall under this category as most of them originate in district courts.
B)tax disputes
C)military tribunals
D)cases prosecuting diplomats

Question 37

Which court can review the decisions of a lower court?

A)trial
B)original -Consider This: Courts with original jurisdiction determine the facts of the case while the courts in question do not review the factual record,only the legal issues involved.
C)administrative
D)appellate

Question 38

Who decides whether to appeal a case to the Supreme Court when the federal government loses in a lower court?

A)the president of the Senate
B)the solicitor general
C)the Supreme Court clerk of courts -Consider This: Supreme Court law clerks assist in reviewing cases but do not make determinations on whether or not government cases should be appealed.These decisions are made through the Department of Justice.
D)the chief justice of the United States

Question 39

Which principle states that a court should not overturn precedent unless it is absolutely necessary?

A)original intent -Consider This: Original intent pertains to the judge's application of the original purpose of the law in his or her interpretation.The principle in question,however,focuses on "let[ting] the decision stand," or valuing the handling of similar cases in the past.
B)judicial review
C)stare decisis
D)prior restraint

Question 40

Which term refers to a court basing its decision or opinion on previous court decisions or rulings?

A)percuriam
B)stare decisis
C)coram nobis -Consider This: Coram nobis refers to requests for cases to be reopened so courts can review their own judgements.The principle in question,however,refers to the court's decision to "let the decision stand," allowing precedent to help dictate the decision in a case.
D)amicus curiae

Question 41

If a judge believes that he or she should defer to the decisions made by elected representatives whenever possible,the judge likely believes in which of the following?

A)judicial activism -Consider This: Unlike judicial activism,which encourages bold policy decisions by judges,the principle in question rejects judicial policymaking and encourages deference to Congress.
B)the attitudinal model of decision making
C)originalism
D)judicial restraint

Question 42

The conferences of the U.S.Supreme Court are __________.

A)limited to the justices and other Court staff -Consider This: While law clerks often help screen cases,they are not involved in justice conferences,a time to consider case selection and hold confidential deliberations.
B)limited to the justices themselves
C)open to the justices and the public
D)open to the justices and the media

Question 43

Under which of the following circumstances would a presidential nominee to the Supreme Court have the most trouble being confirmed?

A)when the House is opposed to the nominee's ideological orientation -Consider This: As the "lower house" of the legislature,the House of Representatives does not confirm presidential nominees.
B)when a president nominates a woman or an ethnic or racial minority
C)when a president makes a nomination at the beginning of his or her term
D)when a president's party affiliation is in the minority in the Senate

Question 44

Which of the following are most commonly heard by the U.S.Supreme Court?

A)federal habeas corpus cases -Consider This: Federal habeas corpus is a procedure by which courts review a citizen's imprisonment.While the Supreme Court hears these cases,they are significantly less in number compared to disputes between two parties.
B)original jurisdiction cases
C)civil actions from lower federal courts
D)criminal cases from state and federal courts