Deck 3: Federal Judicial Power

Question 1

Which of the following is not within the subject matter jurisdiction of the federal courts, as expressed in the Constitution?

A)cases arising under federal laws
B)cases arising under state laws
C)admiralty and maritime cases
D)controversies between citizens of different states

Answer 1

B

Question 2

The Rule of Four refers to

A)the number of justices required to grant a petition for writ of certiorari.
B)the number of justices required to win a case in the Supreme Court.
C)the number of justices who hear Supreme Court cases.
D)the number of justices who hear cases in the Courts of Appeals.

Answer 2

A

Question 3

Supreme Court cases involving interpretation of the Constitution are binding on the states because

A)federal court decisions are always binding on the states.
B)the Supremacy Clause makes the U.S.Supreme Court the highest court in the land.
C)the concept of federalism requires this.
D)the Supremacy Clause makes the Constitution the Supreme Law of the Land.

Answer 3

D

Question 4

The Supreme Court has held that a case challenging voting requirements for a specific election becomes moot once the election is over.

Question 5

The Supreme Court is strictly a court of review having appellate jurisdiction but no original jurisdiction.

Question 6

The Supreme Court has held that a conservation group lacked standing to sue a business that was interfering in an area's aesthetics because the individual club members were not personally affected.

Question 7

The Supreme Court has exclusive original jurisdiction in which of the following?

A)cases involving ambassadors, public ministers, and consuls
B)cases between two states
C)Both a and b
D)Neither a nor b

Question 8

The Supreme Court has held that a case challenging abortion laws becomes moot if the plaintiff gives birth before an appeal can be heard.

Question 9

Taxpayers often have difficulty pursuing court cases dealing with tax laws because

A)tax issues are rarely ripe.
B)tax issues are usually moot.
C)taxpayers often lack standing.
D)tax issues usually involve political questions.

Question 10

A special master is used by the Supreme Court in cases in which the Court exercises original jurisdiction.

Question 11

The doctrine of sovereign immunity

A)limits the right of parties to sue the federal or state government.
B)as applied to state governments, is recognized in the original articles of the Constitution.
C)prevents anyone from ever suing the federal or state government.
D)All of the above.was abolished by the Eleventh Amendment.

Question 12

When an appellate court remands a case, it

A)affirms the decision.
B)reverses the decision and enters judgment for the party that lost at trial.
C)reverses the decision and sends it back to the lower court for further proceedings.
D)None of the above.

Question 13

Diversity of citizenship

A)constitutes a basis for federal court jurisdiction under the Constitution.
B)refers to controversies between citizens of a state and citizens of a foreign country.
C)refers to controversies between citizens of different states.
D)All of the above.

Question 14

As used in connection with the concept of justiciability, the term political question is synonymous with political issue.

Question 15

The power or authority that a court has to hear a case is known as

A)the power of judicial review.
B)jurisdiction.
C)appellate review.
D)certiorari.

Question 16

An actual controversy must exist for a court to have the right to hear a case; courts cannot give advisory opinions.

Question 17

The granting of a petition for writ of certiorari is a good indication that the petitioner will eventually prevail before the Court.

Question 18

The power of judicial review allows the courts to determine if state or federal laws conflict with the Constitution.

Question 19

Congress has the right to extend the constitutional jurisdiction of the federal courts.

Question 20

Which of the following situations usually involves a political question and will, therefore, generally not be heard by the court?

A)a controversy regarding voting rights
B)a controversy regarding whether a treaty was terminated
C)a controversy regarding reapportionment
D)All of the above.