Deck 15: The Federal Courts

Question 1

In most circumstances,a supreme court is best described as a(n)______ court.

A) uniform
B) trial
C) advisory
D) appellate
E) elected

Answer 1

D

Question 2

The doctrine of ______ requires courts to follow authoritative prior decisions when ruling on a case.

A) stare decisis
B) habeas corpus
C) lex talions
D) ex post facto
E) a priori

Answer 2

A

Question 3

The area of authority possessed by a court,in terms of either subject area or geography,is called its

A) appellate scope.
B) judicial review.
C) precedents.
D) jurisdiction.
E) mandate.

Answer 3

D

Question 4

If an individual is arrested because his home was searched by police without a legal warrant,he could argue in court that he had been denied

A) a writ of habeas corpus.
B) his Miranda rights.
C) a writ of certiorari.
D) judicial review.
E) the due process of law.

Question 5

There are ______ U.S.district courts.

A) 50
B) 94
C) 100
D) 200
E) 434

Question 6

A writ of habeas corpus declares that

A) the government must show a legal cause for holding someone in detention.
B) the government cannot send a defendant to stand trial in a geographically distant jurisdiction.
C) a defendant in a felony trial must receive assistance from legal counsel.
D) capital punishment can be neither cruel nor unusual.
E) the government cannot search premises without a warrant issued by a judge.

Question 7

Which of the following statements about federal courts is most accurate?

A) The federal government does not operate a court system.
B) Federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States,and their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
C) Although federal courts hear the vast majority of all civil and criminal cases decided each year in the United States,their decisions are rarely important because they are not allowed to interpret the Constitution or the federal laws that govern all Americans.
D) Federal courts hear the vast majority of all civil and criminal cases decided each year in the United States,and their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.
E) Although the federal courts hear only a small fraction of all of the civil and criminal cases decided each year in the United States,their decisions are extremely important because they interpret the Constitution and the federal laws that govern all Americans.

Question 8

Which of the following is the essence of the rule of law?

A) Every state needs to have a written constitution.
B) Every state must have an established system of common law.
C) Every state needs to make its laws public.
D) Every state must judge government officials by the same laws as its citizens are judged.
E) Every state must follow federal law.

Question 9

Which of the following statements concerning legislative courts is false?

A) These courts are created by Congress,based in their Article I powers,not their Article III powers.
B) Judges on legislative courts do not have lifetime tenure.
C) Legislative court judges cannot have their salary reduced by Congress.
D) Legislative courts specialize in certain types of cases.
E) Legislative courts are less independent than the courts established under Article III.

Question 10

When a case is resolved through a negotiated agreement before a full trial is completed,it is called

A) a misdemeanor.
B) a plea bargain.
C) taking the Fifth.
D) a writ of certiorari.
E) mediation.

Question 11

The phrase stare decisis means

A) "let the decision stand."
B) "the state will decide."
C) "the decision is void."
D) "the state must be decisive."
E) "the decision is made."

Question 12

What did the framers call the "least dangerous branch"?

A) the Senate
B) the Supreme Court
C) the system of state courts
D) the president
E) the bureaucracy

Question 13

The jurisdiction of each federal court is derived from

A) the Constitution and federal law.
B) the Supreme Court.
C) state laws.
D) The federal courts decide their own jurisdictions.
E) the president.

Question 14

Which of the following is not a specialized "legislative court" created by Congress?

A) the Court of International Trade
B) the Court of Appeals for Veterans Claims
C) the Court of Federal Claims
D) the Court of Federal Territories
E) the Court of Military Appeals

Question 15

Prior cases whose principles are used by judges to decide current cases are called

A) public law.
B) en blanc decisions.
C) precedents.
D) common law.
E) ex post facto cases.

Question 16

All of the following are part of the official jurisdiction of the federal courts except

A) treaties with other nations.
B) federal statutes.
C) cases involving the U.S.Constitution.
D) cases involving citizens from the same state.
E) any case in which the U.S.government is party.

Question 17

If a private individual brought a suit against a corporation for breaking a contract,what kind of law would this involve?

A) criminal
B) civil
C) public
D) plaintiff
E) common

Question 18

What is the Uniform Commercial Code?

A) a federal law establishing common practices in each state regarding commercial affairs
B) a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions in contract law cases
C) judicial guidelines established by the Supreme Court explaining the meaning of federal economic regulations
D) a federal law regulating all forms of advertisements throughout the United States
E) a set of federal codes establishing common practices in each state regarding international commercial affairs

Question 19

The party that brings a complaint in court is called the ______,and the one against whom the complaint is brought is called the ______.

A) defendant;plaintiff
B) plaintiff;precedent
C) plaintiff;defendant
D) litigator;juror
E) defendant;litigator

Question 20

In what type of law is the government always the plaintiff?

A) public law
B) criminal law
C) civil law
D) common law
E) tort law

Question 21

What was known as the "court-packing" plan?

A) the decision in the early nineteenth century that all federal courts should be guarded by members of the armed forces
B) the attempt by the Republican-dominated Senate of the 1990s to confirm as many conservative judges as possible
C) the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional
D) the desire in Congress during the 1890s to expand the number of federal courts to ease the workload of the Supreme Court
E) the attempt by the Democratic-dominated Senate of the 1980s to confirm as many liberal judges as possible

Question 22

The right of due process is best described as the right of

A) everyone to appeal his trial.
B) every citizen to vote.
C) every person not to be treated arbitrarily by a government official or agency.
D) every person to be a lawyer.
E) every person to sue when he or she feels harmed in some way.

Question 23

In 2009,President Obama's first appointment to the U.S.Supreme Court was

A) David Souter.
B) Samuel Alito.
C) John Roberts.
D) Sonia Sotomayor.
E) Anthony Kennedy.

Question 24

Approximately what percentage of all court cases in the United States are heard in federal courts?

A) 1 percent
B) 5 percent
C) 10 percent
D) 30 percent
E) 55 percent

Question 25

How many justices currently serve on the Supreme Court?

A) seven
B) nine
C) ten
D) eleven
E) fifteen

Question 26

Approximately how many judges currently sit on the federal district courts?

A) 9
B) 50
C) 75
D) 700
E) 2,500

Question 27

Original jurisdiction refers to

A) the Constitution as the supreme law of the land.
B) the court with the authority to hear a case first.
C) the highest court with the power to overrule other courts.
D) Congress's power to determine what cases the federal courts will hear.
E) the president's power to appoint federal judges.

Question 28

Each year,the Supreme Court receives about ______ appeals and hears about ______ of them in full court.

A) 1,000;500
B) 200;10
C) 9,500;80
D) 12,000;300
E) 5,000;100

Question 29

What is the main function of the chief justice of the Supreme Court?

A) The chief justice decides what cases will be heard by the full Court each term.
B) The chief justice always writes the Court's majority opinions.
C) The chief justice presides over the Court's public sessions and private conferences.
D) The chief justice is also the constitutional adviser to the president.
E) The chief justice is the constitutional adviser to Congress.

Question 30

Trial courts in the federal judicial system are called

A) grand juries.
B) district courts.
C) appellate courts.
D) administrative courts.
E) civil courts.

Question 31

Prisoners who are challenging their conviction are most likely to file a writ of

A) habeas corpus.
B) certiorari.
C) jurisdiction.
D) stare decisis.
E) challenge.

Question 32

Which of the following statements best describes the Supreme Court?

A) The Court has no discretion whatsoever to decide which cases it will hear because its jurisdiction is defined entirely by the Constitution.
B) The Court has limited discretion to decide which cases it will hear and it is forced to hear many cases that address only narrow,technical issues of federal law.
C) The Court has limited discretion to decide which cases it will hear,and it is forced to hear only those cases that raise the most important issues of federal law.
D) The Court has broad latitude to decide which cases it will hear and generally hears only those cases it deems to raise the most important issues.
E) The Court has broad latitude to decide which cases it will hear and generally avoids those cases that it deems to raise the most important issues.

Question 33

Which of the following statements best describes the composition of the federal judiciary?

A) There are an equal number of men and women and far fewer Hispanics than African Americans.
B) There are far fewer women than men and far fewer African Americans than Hispanics.
C) There are far fewer women than men and far fewer Hispanics than African Americans.
D) There are far fewer men than women and far fewer Hispanics than African Americans.
E) There are far fewer men than women and far fewer African Americans than Hispanics.

Question 34

The size of the U.S.Supreme Court is set by

A) the U.S.Constitution.
B) Congress.
C) a national convention.
D) the American Bar Association.
E) the president.

Question 35

Senatorial courtesy describes the practice of

A) senators from a president's party approving of a judicial nominee from their home state.
B) including home-state senators in the formal vetting of district and circuit court judges.
C) allowing any senator to place a hold on the consideration of a judicial nominee.
D) permitting senators to officially swear in home-state district court judges.
E) allowing senators to nominate members to the federal judiciary.

Question 36

In which type of case does the Supreme Court have original jurisdiction?

A) any case involving the Constitution
B) any case involving an ambassador
C) any case involving the president
D) any case it wants to take up
E) any case involving a member of Congress

Question 37

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

A) vetting cases for the Supreme Court
B) hearing challenges to state laws
C) writing writs of habeas corpus
D) reviewing requests for stays of execution
E) overturning laws passed by Congress

Question 38

Which of the following statements about the U.S.Courts of Appeals is incorrect?

A) The appeals courts were created by Congress,not by the Constitution.
B) The appeals courts are able to hear all cases involving federal law,but not constitutional law.
C) About 20 percent of federal cases are heard by the appeals courts.
D) There are more than ten appeals courts in the United States.
E) Except for cases selected for review by the Supreme Court,decisions made by an appeals court are final.

Question 39

Why has partisan conflict surrounded federal judicial appointments in recent years?

A) Members of Congress do not want the president to have so much power that he can place anyone he wants on the federal bench.
B) The people recent presidents have chosen to nominate are often unqualified to be federal judges.
C) Public opinion has not been favorable to most of the people recent presidents have chosen to nominate.
D) There have not been enough minority nominees,including women.
E) The federal courts play an important role in shaping American law and politics.

Question 40

In recent years,federal court appointments have

A) been characterized by strict neutrality on the part of Congress.
B) attracted very little attention from the media and special interest groups.
C) been characterized by intense partisan and ideological efforts to support or defeat the candidate.
D) been unaffected by ideological concerns.
E) been confirmed very quickly.

Question 41

The requirement of standing means that parties in a case must

A) be alive.
B) have a concrete injury or interest at stake.
C) be present in court during the trial.
D) know the law they are using to defend themselves.
E) have an attorney present with them in court.

Question 42

Cases between two or more states are originally heard by

A) both state supreme courts simultaneously.
B) the federal district court in the state that initiates the lawsuit.
C) the federal circuit court of appeals.
D) the Supreme Court.
E) the federal district court in the state that serves as the defendant in the lawsuit.

Question 43

Which of the following is part of the Miranda rule?

A) Arrested people have the right to remain silent.
B) Arrested people have the right to sue the police for police brutality.
C) Arrested people have the right to a fair trial.
D) Arrested people have the right to face their accuser.
E) Arrested people have the right to a reasonable bail.

Question 44

Cases such as Brandenburg v.Ohio,Loving v.Virginia,and Griswold v.Connecticut illustrate that

A) the Supreme Court will rarely strike down laws passed directly by voters through the initiative process.
B) the Supreme Court has the authority to overturn state statutes that contravene rights and privileges guaranteed under the Constitution.
C) the Supreme Court does not have the authority to overturn state statutes.
D) the Supreme Court does not have the authority to strike down sections of state constitutions.
E) the Supreme Court will only overturn state laws when the president and Congress agree with the Court's decision.

Question 45

The increase of administrative agencies since the New Deal has resulted in a(n)

A) increased instance of Congress writing administrative rules.
B) delegation of power by Congress to administrative agencies.
C) strict nondelegation doctrine pronounced by the Supreme Court.
D) increase in states making administrative law.
E) increase in federal laws being challenged in the courts.

Question 46

Which of the following statements about Congress's delegation of power to the executive is most accurate?

A) The Constitution prevents Congress from delegating any power to the executive branch.
B) The courts have refused to hear any cases regarding congressional delegation of power to the executive branch since the start of the New Deal.
C) Since the New Deal,the courts have not struck down any congressional delegation of power to the executive branch as impermissibly broad.
D) Since the New Deal,the courts have frequently struck down congressional attempts to delegate powers to the executive branch as impermissibly broad.
E) The courts do not have the jurisdiction to rule on congressional delegation of power to the executive branch.

Question 47

The issue of employer liability for employee injuries sustained at work illustrates that

A) there are certain areas of law that courts are not allowed to rule on.
B) civil laws can only be passed through state legislatures and cannot be constructed through judicial decisions.
C) many areas of civil law have been constructed by judicial messages to other judges rather than by laws passed by legislatures.
D) individuals need not have standing to sue in federal court.
E) mootness is not an important consideration in civil law cases.

Question 48

What was the Supreme Court's ruling in 1948 regarding restrictive covenants?

A) It was illegal for homeowners to discriminate in sales contracts.
B) It was acceptable for private contracts to have discriminatory provisions.
C) Individuals had the right to discriminate in private contracts,but courts could not enforce these contracts.
D) Only state supreme courts had the authority to rule on the legality of restrictive covenants.
E) Only the U.S.Supreme Court had the authority to rule on the legality of restrictive covenants.

Question 49

In what year was Marbury v.Madison decided?

A) 1789
B) 1803
C) 1861
D) 1929
E) 1967

Question 50

What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?

A) The Constitution grants the courts that power.
B) It is the duty of the courts to say what the law is;therefore it is necessary for the courts to interpret and expound upon the law.
C) Congress would have to ask the courts for permission to pass laws.
D) The president should not be able to "get around" Congress by issuing executive orders on any issue he or she would like.
E) The federal courts,since they are the least political branch of government,should have the power to review the actions of the political branches.

Question 51

The case Baker v.Carr concerns

A) desegregation of schools.
B) apportionment of legislative seats.
C) unwarranted searches and seizures.
D) the separation of church and state.
E) state restrictions on carrying handguns in public.

Question 52

The Court's power to review acts of Congress has not been seriously questioned because

A) the Court only overturns laws that are unpopular with a majority of voters.
B) Congress granted the power of judicial review to the Court in the Federal Judicial Review Act of 1798.
C) Congress and the president always agree with the decisions made by the Court.
D) the Constitution explicitly grants this power to the Court in the "judicial review" clause of Article III.
E) the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years.

Question 53

Which of the following was not part of the Supreme Court's ruling in Hamdi v.Rumsfeld?

A) A U.S.citizen could be declared an enemy combatant.
B) All persons accused of being terrorists had the right to a lawyer.
C) Persons the president designates as enemy combatants do not have to be granted an opportunity to rebut those charges.
D) The president could order that an enemy combatant be held in federal detention.
E) Presidential actions were subject to judicial scrutiny.

Question 54

What is common law?

A) another name for federal law
B) law made by judges through their decisions,not through specific statutes
C) law made by an administrative body
D) law that is guided by the Constitution
E) law passed by the U.S.Congress

Question 55

Which of the following was not a case involving the Supreme Court overturning a state law?

A) Marbury v.Madison
B) Brown v.Board of Education
C) Griswold v.Connecticut
D) Loving v.Virginia
E) Brandenburg v.Ohio

Question 56

The written opinions of appellate courts have been described as halfway between ______ and ______.

A) common law;statutory law
B) stare decisis;administrative rule making
C) civil law;constitutional law
D) public law;private law
E) common law;public law

Question 57

The power of the Supreme Court to review state actions and legislation comes from

A) the judicial review clause of Article III.
B) the supremacy clause of Article VI.
C) the Tenth Amendment.
D) Marbury v.Madison.
E) Congress.

Question 58

Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?

A) She supported affirmative action.
B) She supported upholding Roe v.Wade.
C) She was the first Hispanic nominee to the Supreme Court.
D) She had never served as a judge in any capacity prior to nomination.
E) She supported overturning Roe v.Wade.

Question 59

Through the exercise of ______,the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

A) stare decisis
B) writs of certiorari
C) judicial review
D) clemency
E) writs of habeas corpus

Question 60

Why is the Supreme Court case of Marbury v.Madison important?

A) In this case,the Court declared the authority of Congress to regulate the economy of the United States.
B) In this case,the Court nationalized the Bill of Rights.
C) In this case,the Court authorized itself to exercise judicial review over laws passed by Congress.
D) In this case,the Court declared the secession of the Confederate states to be in violation of the Constitution.
E) In this case,the Court declared the segregation of schools based on race illegal.

Question 61

The assignment of the opinion in a Supreme Court case is

A) unimportant because the final vote of the justices is the only statement that carries any weight in future cases.
B) important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
C) unimportant because all justices usually describe their decisions in exactly the same way.
D) important because every word of a decision is legally binding.
E) unimportant because they are rarely,if ever,read by anyone involved in the legal process.

Question 62

Activist judges believe that the courts should

A) always overrule state legislatures and governors when making decisions.
B) interpret the U.S.Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes.
C) be more aggressive and ideological than the president when vacancies occur on the court.
D) go beyond the words of a constitution or statute to consider the broader societal implications of its decisions.
E) always defer judgment to precedents set by previous courts.

Question 63

Which of the following kinds of cases are not likely to be accepted by the Supreme Court?

A) Cases in which the federal government is an appellant.
B) Cases that address state laws but that do not raise constitutional issues.
C) Cases that raise important questions about civil rights.
D) Cases that involve conflicting decisions by federal circuit courts.
E) Cases that raise important questions about civil liberties.

Question 64

If someone is an advocate of judicial restraint,he or she believes

A) in looking only at the words of the Constitution in order to understand its meaning.
B) that the Court should beware of overturning the judgments of popularly elected legislatures.
C) that judges should limit their interpretations to the intention of the law's framers.
D) the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
E) that judges should consider legal questions rather than deciding political matters.

Question 65

The written document in which attorneys explain why the court should rule in favor of their client is called a(n)

A) intervention.
B) writ of certiorari.
C) brief.
D) writ of habeas corpus.
E) argument.

Question 66

______ is an example of a justice who advocated judicial restraint.

A) Harry Blackmun
B) Earl Warren
C) John Marshall
D) Felix Frankfurter
E) Ruth Bader Ginsburg

Question 67

Each Supreme Court justice is assigned ______ clerk(s).

A) one
B) four
C) eight
D) ten
E) fifteen

Question 68

When interest groups involved in litigation pursue a pattern-of-cases strategy,they are

A) using legal arguments that have won in the past.
B) bringing the same type of suit into multiple circuits,hoping that a contradiction in rulings will bring about a Supreme Court review.
C) shopping around for the district where the likelihood of a favorable decision is highest.
D) filing multiple friend-of-the-court briefs,in the hope of influencing the legal arguments of the Supreme Court.
E) filing cases in different courts on the same subject.

Question 69

Why was the Supreme Court's decision in Ricci v.DeStefano important?

A) It overturned a prior decision by Elena Kagan,who,a few months later,joined the Supreme Court.
B) It held that employment tests for promotion could not discriminate based on gender or race.
C) It held that,in order to seek damages,employees must show that employment tests for promotion are clearly defective,rather than that they produce unequal outcomes based on race or gender.
D) It held that,in order to seek damages,employees must show that employment tests for promotion clearly create unequal outcomes based on race or gender.
E) It held that employment tests for promotion were allowed to discriminate based on gender or race if the employer could show that the position would be better performed by a person with a particular race or gender.

Question 70

What is the significance of dissenting opinions?

A) They are made to appeal to a justice's constituency groups.
B) They have as much weight of law as the majority's opinion does.
C) Dissents are signs that the Court is in disagreement on an issue and could change its ruling.
D) Dissents are meant to confuse lawyers and government officials as to the true meaning of a decided case.
E) They are meant to appease the losing side in a case.

Question 71

The number of cases filed in the Supreme Court has

A) increased dramatically since 1940.
B) decreased dramatically since 1940.
C) remained the same since 1940.
D) increased between 1940 and 1965 but decreased since 1965.
E) decreased between 1940 and 1965 but increased since 1965.

Question 72

When the Supreme Court refuses to review a lower-court decision,announcing this decision through a brief unsigned opinion,it is called a(n)______ opinion.

A) per curiam
B) ex parte
C) concurrence
D) amicus curiae
E) ex post facto

Question 73

In Roe v.Wade,the Supreme Court was required to rule on the issue of ______,due to the fact that the pregnancy had already come to term.

A) jurisdiction
B) standing
C) ripeness
D) mootness
E) stare decisis

Question 74

A person,agency,or interest group not directly a party to a case but with an interest in its outcome may file a(n)______ brief.

A) certiorari
B) per curiam
C) amicus curiae
D) standing
E) accompaniment

Question 75

Under normal rules of oral argument,each lawyer has ______ to present his or her case before the Supreme Court.

A) thirty minutes
B) an hour
C) ninety minutes
D) two hours
E) unlimited time

Question 76

When justices agree with the ruling of a court majority but not all of its reasoning,they may often write a(n)

A) dissent.
B) concurrence.
C) ex parte.
D) per curiam.
E) writ of certiorari.

Question 77

A "certiorari pool" describes the

A) computerized lottery system by which the Supreme Court selects its cases each year.
B) practice by which Supreme Court law clerks work together to evaluate each petition.
C) method used to appoint the chief justice.
D) nickname for the water fountain in the courtyard of the Supreme Court building.
E) pool of applicants seeking appointment to the federal judiciary.

Question 78

Aside from the justices themselves,who or what has the greatest power in shaping the flow of cases to the Supreme Court?

A) the attorney general
B) the solicitor general
C) the Senate Judiciary Committee
D) the state supreme courts
E) Congress

Question 79

Which of the following best describes the role of the solicitor general?

A) the chief legal counsel for the White House
B) the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party
C) the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals
D) the head of the Department of Justice
E) the chief legal counsel to the U.S.military

Question 80

Most cases reach the Supreme Court through the

A) writ of appeal.
B) writ of certiorari.
C) writ of habeas corpus.
D) writ of amicus curiae.
E) state courts.