Deck 9: The Judiciary

Question 1

A group of students at a public university have decided to bring a lawsuit against their university's rules prohibiting certain language that may be deemed offensive and harmful to other students from marginalized groups. These students maintain that the rules clearly violate the First Amendment, since rude and offensive speech is not only protected by the First Amendment, but is also completely subjective. Where will the case likely originate?

A) a low-level state trial court
B) a state-level appellate court
C) the U.S. Supreme Court
D) a federal court

Answer 1

D

Question 2

Dealing with contracts, property agreements, and other issues regarding the private lives of citizens can be classified as which type of law?

A) criminal law
B) constitutional law
C) administrative law
D) civil law

Answer 2

D

Question 3

Which statement best describes constitutional law?

A) Constitutional law deals with matters relating to things like property and contracts.
B) Constitutional law is fundamental to a nation and is considered supreme.
C) Constitutional law is implemented by regulatory agencies within the government.
D) Constitutional law handles any issues involving the government directly.

Answer 3

B

Question 4

Suppose a criminal case has been heard at a state trial court and the defendant has been found guilty. The defendant and his legal team believe he has been wrongfully convicted and decide to appeal the case. Which court will the defendant and his legal team appeal the case to?

A) a trial court
B) the U.S. Supreme Court
C) an intermediate appellate court
D) a claims court

Question 5

What role does the U.S. Supreme Court have in the state court system?

A) The U.S. Supreme Court is independent of and totally removed from the state court system.
B) The state courts must comply with the decisions made by the U.S. Supreme Court.
C) The U.S. Supreme Court must incorporate the pronouncements of the state courts regarding a case.
D) State courts receive harsh penalties if they disobey decisions made by the U.S. Supreme Court.

Question 6

The rules that make up the fundamental laws of a nation or a state are considered which category of law?

A) private law
B) criminal law
C) public law
D) constitutional law

Question 7

How many states have intermediate appellate courts where appeals from trial courts must first be directed?

A) 25
B) 39
C) 42
D) 50

Question 8

Which court is the final level of appeal for the state court system?

A) the U.S. Supreme Court
B) the trial courts
C) state supreme courts
D) appellate courts

Question 9

Which type of court at the state level does most of the work processing cases in the lower levels of the state legal system?

A) trial courts
B) supreme courts
C) appellate courts
D) subordinate courts

Question 10

Which type of law refers to the rules that govern disputes and issues involving the government directly?

A) governmental law
B) legislative law
C) public law
D) private law

Question 11

Which statement best describes the composition of the courts during the early years of the nation?

A) Justices who sat on the U.S. Supreme Court were held in high regard and were guarded from the public.
B) Federal circuit courts were staffed by both district court judges and justices who sat on the Supreme Court.
C) The U.S. Supreme Court was composed of nearly double the number of justices than today, some of whom had to staff other courts.
D) Each justice on the U.S. Supreme Court represented a state and made decisions based on the will of that state's citizens.

Question 12

Which part of the U.S. Constitution establishes the Supreme Court and any inferior courts?

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

Question 13

What role does the judicial branch play in a nation that uses a common law system?

A) In common law, the judicial branch determines if laws passed by Congress are viable and legitimate.
B) The judicial branch establishes a set of laws through precedent in a common law system.
C) In a common law system, the judicial branch does not play much of a role at all.
D) Under a common law system, the judicial branch is responsible for enforcing laws set by Congress.

Question 14

What is the primary function of administrative law?

A) to establish rules and regulations regarding public matters presided over by government agencies
B) to prohibit and establish punishments for actions that are an offense to society
C) to regulate instances involving private individuals or government actions as a private entity
D) to assert the supremacy of the rules and stipulations found within a country's foundational laws

Question 15

Which nation's legal system uses a combination of civil law and common law?

A) France
B) the United States
C) Italy
D) Great Britain

Question 16

Codes that are enacted by a lawmaking body like Congress are referred to as ______.

A) civil law
B) common law
C) regulatory law
D) Congressional law

Question 17

What role does a federal district court judge have in a case?

A) They determine who can and cannot appeal to the Supreme Court.
B) They have original jurisdiction over criminal and civil trials.
C) They are able to issue a final decision over a criminal or civil case.
D) They are responsible for gathering information regarding a federal case.

Question 18

Which is an example of a violation of criminal law?

A) a man who has been murdered as part of a string of suspected serial killings
B) a woman who keeps a dog in her no-pets-allowed apartment
C) a law that Congress passes to ban the concealed carry of firearms
D) a farmer who uses a certain type of pesticide that has not been cleared for use

Question 19

Common law is best described as ______.

A) laws that are formed by a legislative body
B) laws that are supported by a majority of people
C) laws that are established through judicial decisions
D) laws that are similar across states and nations

Question 20

Suppose Congress has just passed a new law that would impose additional requirements and restrictions on social welfare benefits to reduce spending on those programs. These new regulations are an example of which type of law being made?

A) common law
B) criminal law
C) civil law
D) private law

Question 21

What is the historical significance of the Supreme Court's decision on Marbury v. Madison?

A) The Supreme Court established the power of the president to issue executive orders and agreements.
B) Judicial review was established, allowing the Court to decide which laws violate the Constitution in future.
C) The decision allowed the president to expand the number of justices on the Supreme Court.
D) Chief Justice John Marshall's decision gave Congress the power to block Supreme Court nominations.

Question 22

Suppose a defendant has appealed the decision made at the federal district court to her region's federal appeals court. Her case was heard by a panel of three judges at the federal appeals court, who ruled unfavorably, and now she is seeking an additional appeal to hopefully be heard by the entire circuit court. If she is permitted to present her case to the full circuit court, what is this called?

A) a writ of certiorari
B) en banc
C) a final appeal
D) amicus curiae

Question 23

Suppose the Supreme Court has agreed to hear a case regarding a law that was passed in Georgia that so severely limits a woman's access to abortion that it effectively eliminates the ability to do so, thus violating the precedent established by Roe v. Wade. The Supreme Court decides that since Georgia still technically provides abortion services, such a law is not unconstitutional. The Court's decision is an example of ______.

A) a writ of mandamus
B) an unfair decision
C) judicial review
D) judicial activism

Question 24

Which authority of the judicial branch makes it stronger than originally intended?

A) the power to hear whatever cases it wants
B) the power to create additional courts as it sees fit
C) the power to decide if a law violates the Constitution
D) the power to add new amendments to the Constitution

Question 25

Suppose a civil case is proceeding in which two women are disputing who is at fault for a car accident. Each woman has hired a lawyer to present the information to the judge presiding over the case. These lawyers have conducted discovery into the case and are now presenting their findings to the judge. This is an example of which system of justice?

A) the adversarial system
B) the legal system
C) the inquisitorial system
D) the judicial system

Question 26

What is the main purpose of discovery?

A) to find out what information the other side has that can help resolve the case
B) to see what the outcome of a trial would be given the facts of a case
C) to help the judge understand the scope and severity of the situation
D) to allow the lawyers to decide if they want to take on a case

Question 27

Which constitutional amendment provides protections for those who are accused of a crime?

A) the First Amendment
B) the Third Amendment
C) the Fifth Amendment
D) the Tenth Amendment

Question 28

How are most civil litigation cases resolved?

A) through a settlement
B) a judgement
C) a verdict from a jury
D) an acquittal of charges

Question 29

What happens when the Supreme Court exercises judicial review?

A) It agrees to hear a case from a lower appellate court.
B) It determines if a law or action violates the Constitution.
C) It confirms the decision of a lower court.
D) It adds a new amendment to the Constitution.

Question 30

When a grand jury decides that a case should go to trial, what does it issue?

A) a writ of certiorari
B) an affidavit
C) a bill of indictment
D) a verdict

Question 31

Grand juries differ from trial juries in that grand juries ______.

A) are smaller in terms of juror numbers than trial juries
B) determine the merit of a case rather than its outcome
C) cannot have their decisions overturned on appeal
D) are used in civil cases rather than criminal cases

Question 32

The person who has decided to initiate formal legal proceedings is known as the ______.

A) complainant
B) litigant
C) defendant
D) plaintiff

Question 33

Dana's neighbors have a tree that hangs over a shared fence, and every fall the leaves from that tree drop into Dana's yard, which she has to spend time and effort cleaning up. Dana's neighbors refuse to trim the tree or help rake the leaves, so Dana has decided to file a lawsuit against them. Dana and her legal team are currently in the process of drafting a document that explains the situation and why the court has the right to mandate that her neighbors clean up their tree or leaves, and that Dana is entitled to compensation otherwise. Which document is Dana and her team writing?

A) a complaint
B) a plaintiff
C) an amicus curiae brief
D) a writ of certiorari

Question 34

The system in which judges work on behalf of the government to gather facts and information regarding a case is characteristic of which system of justice?

A) the legal system of justice
B) the adversarial system of justice
C) the governmental system of justice
D) the inquisitorial system of justice

Question 35

The ability of the courts to determine if a law or action made by another branch of the government is constitutional or not is known as ______.

A) judicial review
B) appellate litigation
C) exercising supremacy
D) judicial activism

Question 36

How are most criminal prosecutions in the United States resolved?

A) through a plea bargain
B) by a guilty verdict
C) with a non-guilty verdict
D) with a hung jury

Question 37

______ of the U.S. Constitution grants the Supreme Court the power to interpret the Constitution and decide on the constitutionality of laws and actions by the legislative and executive branches?

A) Article III
B) Article VI
C) The Tenth Amendment
D) No part

Question 38

Which statement best describes the adversarial system of justice?

A) Lawyers representing opposing parties contend against one another for an outcome in their favor.
B) Judges gather facts and evidence about a case on behalf of the government to achieve an outcome.
C) An oral and physical argument ensues between opposing parties on a case and a winner is declared.
D) A case is presented to the public for determination on guilt or innocence.

Question 39

Who was a key player in the establishment of the Supreme Court's power of judicial review?

A) George Washington
B) Alexander Hamilton
C) John Marshall
D) James Madison

Question 40

If someone wants to appeal a decision made by a federal district court, he or she may appeal to ______.

A) one of 13 federal appeals courts
B) the U.S. Supreme Court.
C) the state supreme court
D) a trial court

Question 41

How does the president's own ideology influence his selection of a Supreme Court justice?

A) The president is more likely to nominate someone whose ideologies align with his own.
B) The president is required to set aside ideological beliefs when selecting a justice.
C) The president must use his ideology to choose an activist justice for the Supreme Court.
D) The president is responsible for packing the Supreme Court with justices who share his ideologies.

Question 42

Which argument did John Marshall use to justify his decision on Marbury v. Madison?

A) Congress has passed too many laws that outright violate the Constitution and action must be taken.
B) It is necessary for the judicial branch to exercise additional power to keep Congress in check.
C) The Constitution explicitly grants the Supreme Court the power to decide if a law is constitutional.
D) A law that had been passed previously violated a part of the Constitution and was thus null and void.

Question 43

Two neighbors are in a dispute over who should be responsible for keeping clean a small creek that passes between their yards. Although the discussions have been tense and heated at times, the neighbors have reached an agreement among themselves that involves an alternating schedule of who cleans it. What role does the court play in this situation?

A) The courts may evaluate if this agreement is officially binding.
B) The courts are able to place the cleaning responsibility solely on one neighbor.
C) The courts would be able to decide how the creek should be cleaned.
D) The courts would not play any role in this situation.

Question 44

Following Chief Justice John Marshall's time on the Supreme Court, the Court has tended to reaffirm judicial supremacy and the power of the federal government over the states, with some notable exceptions. Which action is an example of the Supreme Court deciding in a way that limits the power of the federal government over the states?

A) striking down many of Franklin Delano Roosevelt's New Deal policies
B) ruling that the policies and mandates within the Affordable Care Act are constitutional
C) expanding Congress' ability to charter a national bank in McCulloch v. Maryland
D) upholding President Trump's 2017 ban on bump stocks for rifles

Question 45

Article III establishes the Supreme Court's ability to hear cases involving ambassadors and those in which states are the only parties at the outset, which means the Court has which type of jurisdiction over these cases?

A) appellate
B) original
C) standing
D) judicial

Question 46

In 2017, consumer credit reporting agency Equifax announced a data breach in which over 100 million consumers had sensitive data like Social Security numbers exposed. In response, dozens of groups of citizens filed a lawsuit against Equifax to secure compensation for the damages caused by the breach. What is this an example of?

A) a theoretical claim
B) a class action lawsuit
C) a group with no standing
D) a court-initiated lawsuit

Question 47

Parties to a lawsuit who are uniquely and singularly affected by an issue are said to have ______.

A) proper standing
B) a moot case
C) hypothetical complaints
D) class action status

Question 48

In which way does the judicial branch differ from the legislative branch?

A) The legislative branch cannot file a lawsuit, while the judicial branch can.
B) The legislative branch can interpret the Constitution, which the judicial branch cannot.
C) The legislative branch can initiate bills, whereas the judicial branch cannot initiate lawsuits.
D) The legislative branch is unelected, whereas the judicial branch is elected.

Question 49

Which case upheld the notion that the Supreme Court could invalidate any actions of state governments that were believed to be in conflict with the Constitution?

A) Marbury v. Madison
B) Martin v. Hunter's Lessee
C) McCulloch v. Maryland
D) Dred Scott v. Sandford

Question 50

Allison strongly believes that the Supreme Court should have the ability to check the actions of the other branches by making sure that the laws passed do not violate the Constitution. However, Allison also believes that such a power should be used to limit the actions of the federal government and favor the maintenance of a smaller government overall. On which case would Allison most likely agree with the Supreme Court's decision?

A) McCulloch v. Maryland
B) Martin v. Hunter's Lessee
C) Marbury v. Madison
D) Cooper v. Aaron

Question 51

What impact did the Supreme Court's decision on McCulloch v. Maryland have on the scope of the federal government?

A) The decision expanded states' rights by interpreting the Tenth Amendment loosely enough that it applied to any non-enumerated powers.
B) The decision allowed the executive office more powers that ultimately encroached on the authority of Congress.
C) The Supreme Court's decision devolved some of the powers granted to Congress to the states for more efficient enactment.
D) The decision increased the federal government's scope by stating that Congress's powers go beyond those listed in the Constitution.

Question 52

When compared to the parameters outlined in the Constitution, the Senate's powers of advice and consent on judicial nominations have ______ since 1787.

A) become less comprehensive
B) been largely ignored
C) remain relatively unchanged
D) increased in scope

Question 53

Who enforces decisions made by the judicial branch?

A) special prosecutors
B) Supreme Court justices
C) the executive and legislative branches
D) the solicitor general

Question 54

Which is a limitation that has been placed on the federal courts?

A) Courts cannot initiate or maintain any lawsuits.
B) Courts may not issue a firm decision on a case.
C) Courts are prohibited from loosely interpreting the Constitution.
D) Courts are unable to make decisions that impact states.

Question 55

Andrea has just graduated from college and believes that she was forced to go to a school of lesser quality due to her desired school's affirmative action program. Andrea has therefore filed a lawsuit against the university on the grounds that its affirmative action program admitted several minority students instead of her, even though her SAT scores, grades, and extracurriculars outweighed those of the other students. What is likely to result from this case?

A) Andrea's case is important and will likely go to the Supreme Court.
B) Since the issue is now moot, it is likely the court will refuse to decide this case.
C) Andrea is entitled to compensation, so the court will hear the case.
D) The case will likely be thrown out as an illegitimate issue.

Question 56

Which is one of the primary functions of Article III of the Constitution?

A) to grant the Supreme Court the power of judicial review
B) to limit cases the courts hear to only legitimate cases
C) to set the number of justices on the Supreme Court to nine
D) to keep the powers of the judicial branch in check

Question 57

Why did Alexander Hamilton believe that the judicial branch would be the least dangerous of the branches?

A) The Constitution did not give the judicial branch any power.
B) The judicial branch did not have the ability to tax, spend, or control the military.
C) The Supreme Court would rarely be used to make decisions.
D) The Constitution placed explicit and strict limitations on the judicial branch.

Question 58

Which option best describes appellate jurisdiction?

A) the ability of a court to hear a lawsuit at the outset
B) the power of a court to make a binding decision
C) the authority of a court to review prior decisions on a case
D) the ability of a court to enforce laws in certain areas

Question 59

State judges may be selected by one of several methods, including ______.

A) selection by both of that state's senators
B) appointment by the president
C) appointment by the state's governor
D) selection based on party loyalty

Question 60

Suppose a state selects its judges through a process that involves a judicial nominating commission who screens candidates and provides a list of three potential nominees to the governor, who then selects a judge from the list. What is this an example of?

A) the merit process
B) a partisan election
C) a non-partisan election
D) gubernatorial appointment

Question 61

Why might an interest group file an amicus curiae brief with the Supreme Court?

A) to try to persuade the Court to not hear a case that would harm its members
B) to apply to have their own lawyers represent one of the parties in the case
C) to attempt to influence the Court to make a decision benefitting its members
D) to provide additional information missing from the briefs filed by other parties

Question 62

How do most of the cases that come before the Supreme Court arrive?

A) by appeal from a state court
B) through a writ of certiorari
C) with the support of an interest group
D) by filing a lawsuit directly with the Court

Question 63

Which Supreme Court nominee demonstrates the contentious Senate confirmation process when dealing with a hyper-partisan political climate?

A) Brett Kavanaugh
B) Ruth Bader Ginsberg
C) John Marshall
D) Sandra Day O'Connor

Question 64

Who argues cases on behalf of the United States government?

A) the solicitor general
B) the attorney general
C) the Senate majority leader
D) the president

Question 65

Which type of nominee is the president more likely to appoint in a divided political climate?

A) a staunchly conservative nominee
B) a vocally liberal nominee
C) a moderate nominee
D) an inexperienced nominee

Question 66

Maria is a Supreme Court justice who believes that five of her colleagues have made the proper decision on a case, but she disagrees with the reasoning behind their decision. What can Maria do to explain her own reasoning behind the decision?

A) issue a dissenting opinion
B) issue a concurring opinion
C) join the majority opinion
D) refrain from providing an opinion

Question 67

Gregory is the Chief Justice of the Supreme Court. A strict constructionist, Gregory believes that his fellow justices have overstepped their bounds on a recent case, issuing a decision that dangerously expands the power of the federal government at the expense of the states. What can he do to record his opposition?

A) appeal the case to Congress
B) write a concurring opinion
C) file an amicus curiae brief
D) write a dissenting opinion

Question 68

Which statement best describes a writ of certiorari?

A) the order by which the Supreme Court agrees to hear a case on appeal
B) the document filed by both parties describing the case to present to the Supreme Court
C) the document submitted by interest groups and others to influence a decision
D) the final decision that is made by the Supreme Court, which has the force of law

Question 69

Suppose a case regarding the wrongful conviction of a man for the murder of a woman has been appealed several times and has now been appealed to the Supreme Court. The Court has decided that this case presents an interesting conflict and has the potential to impact the rights of the accused listed in the Constitution, so it has agreed to hear the case. What should the legal teams for both parties do next to prepare?

A) pay the acceptance fee
B) present their oral arguments
C) write up briefs
D) file amicus curiae briefs

Question 70

Omar is a federal justice on the Supreme Court. During the conference on a recent case, Omar managed to persuade several of his colleagues to agree with his perspective on the constitutional issues at hand. The conference culminated in a 5-4 vote in favor of Omar's position. As a result, the chief justice has assigned him to write the ______, which will carry the force of law.

A) concurring opinion
B) amicus curiae brief
C) majority opinion
D) writ of certiorari

Question 71

When did the media and the public begin to pay more attention to Supreme Court confirmations?

A) when they realized that presidents were using appointments to shape public policy
B) when they learned just how important the Supreme Court is to American government
C) when they saw that the confirmations were very exciting to watch and listen to
D) when they noticed that there was a lack of knowledge about who was on the Court

Question 72

What impact did the appointments of Sandra Day O'Connor, Thurgood Marshall, and Sonia Sotomayor have on the Supreme Court?

A) They made the Supreme Court more liberal.
B) They increased the diversity of the Court.
C) They improved the competency of the Court.
D) They increased the size of the Supreme Court.

Question 73

For a vacancy on the Supreme Court, why might a president select a judge who has previous experience serving on a federal court over one that has a different legal background?

A) Doing so boosts the perception that the nominee is qualified, which speeds along the confirmation.
B) The Constitution requires that all nominees to the Supreme Court have such experience.
C) The Senate has a long history of denying confirmations to those who do not have that experience.
D) The president is obligated to promote other federal judges to vacancies on the Supreme Court.

Question 74

What is the main purpose of the briefs filed by both parties for a case that will be heard by the Supreme Court?

A) to explain why the case is being appealed to a higher court
B) to argue why constitutional or federal statutory law favors their position
C) to gain the support of interest groups who can influence the Court's decision
D) to release the details of the case in simpler terms to the public

Question 75

When judges follow the decisions of past judges and respect judicial precedent, they are adhering to which practice?

A) devolution
B) stare decisis
C) judicial review
D) strict constructionism

Question 76

What is the Rule of Four?

A) In order for a decision on a Supreme Court case to have the force of law, four justices must agree to it.
B) The Supreme Court will not hear a case unless at least four justices agree to hear the case.
C) At least four justices on the Supreme Court are required to decide to throw a case out.
D) The Supreme Court must hear at least four cases per month to keep up with its docket.

Question 77

Over the course of American history, the appointment of federal justices has ______ in terms of the number of votes needed to secure confirmation.

A) remained unchanged
B) become easier
C) become more difficult
D) been made nearly impossible

Question 78

Suppose a Republican president who believes in shrinking the role of the federal government has the opportunity to fill a vacancy on the Supreme Court that would help the president achieve his conservative policy agenda. Which factor is most likely to influence the president in determining his nomination?

A) the current political environment
B) nominees' personal background
C) past service to the Republican Party
D) nominees' ideological preferences

Question 79

What happens once briefs have been submitted from both parties and from outside interest groups?

A) The Court will make its decision.
B) The Court will issue opinions.
C) The Court will hear oral arguments.
D) The Court will decide if it will take the case.

Question 80

In 1992, the Supreme Court heard another case on the issue of abortion, Planned Parenthood v. Casey, in which a Pennsylvania statute attempted to place limitations on a woman seeking to get an abortion. In this case, the American Psychological Association submitted a document to the Court with their reasons on why the Court should reaffirm the decisions made in Roe v. Wade and why the Pennsylvania statute should be deemed unconstitutional. The APA's document is an example of a(n)______.

A) writ of certiorari
B) amicus curiae brief
C) brief
D) class action lawsuit