Deck 8: Comparing Legislatures

Question 1

What is the scope of the jurisdiction of the Court of Appeals for the Federal Circuit?

A)Depends on the case
B)Washington, DC
C)Local
D)Nationwide
E)Statewide

Answer 1

D

Question 2

How did the delegates to the Constitutional Convention compromise on the composition of the federal judicial branch?

A)By establishing a Supreme Court and allowing state governments to decide what lower courts might also be established
B)By establishing a Supreme Court and lower federal courts and letting the states decide what authority they would have
C)By establishing a Supreme Court and then letting Congress decide whether to establish lower courts
D)By establishing a Supreme Court and lower federal courts, but limiting the power of the lower courts
E)By letting Congress decide whether to establish any federal courts at all

Answer 2

C

Question 3

What was a key theme of the first three amendments to follow the Civil War?

A)They mandated how states were to treat their citizens.
B)They attempted to appease the defeated South.
C)They restricted the actions of the federal government toward its citizens.
D)They aimed to restore the prewar status quo.
E)They accepted a separate but equal treatment of racial groups.

Answer 3

A

Question 4

What is the definition of a diversity of citizenship case?

A)One involving an American citizen suing a citizen of a foreign country, with at least $100,000 worth of damages possible
B)One involving government authority and a constitutional liberty, in which damages could exceed $50,000
C)One in which a citizen of one state sues a resident of the same state over an issue worth at least $75,000
D)One in which a citizen of one state sues a resident of another state over an issue worth at least $75,000
E)One involving issues of civil rights, regardless of where the plaintiff and defendant live or the amount of money at stake

Question 5

What is judicial review?

A)The power to examine executive and legislative actions and advise governments about their legality
B)Integration of judges and attorneys into executive and legislative bodies to ensure that their actions will be constitutional
C)The power constitutionally granted to high courts to overturn the actions of executives and legislatures
D)Automatic routing of legislative bills to a selected court for advisory opinions of their constitutionality
E)A system by which laws are published in legal journals to obtain feedback from lawyers about their constitutionality

Question 6

What was the underlying issue in the case of Gibbons v. Ogden (1824)?

A)Conflict between federal authority and state authority in regulating interstate commerce
B)The ability of states to tax and exert authority over federal entities
C)Conflict between state and federal governments over relations with Native American tribes
D)The ability of the states to enforce contracts involving interstate commerce
E)Conflict between state and federal governments in drawing international borders

Question 7

What is the definition of a court of original jurisdiction?

A)The Supreme Court
B)One where cases are first heard
C)One expected to deliver decisions with binding precedent
D)A state court
E)A court that decides civil cases only

Question 8

Which part of the U.S. Constitution did the Supreme Court cite to uphold the Civil Rights Act of 1964?

A)Takings clause
B)Establishment clause
C)Contract clause
D)Interstate Commerce clause
E)Equal Protection clause

Question 9

By what context does a strict constructionist judge try to rule in a case?

A)Current social and economic issues
B)The current state of technology
C)The original intent of the Constitution's writers
D)Foreign legal documents and cases
E)Current trends in the interpretation of legal precedent

Question 10

Under which chief justice did the judicial branch become fully coequal with the executive and legislative branches and take on the role of judicial review?

A)John Blair
B)William Cushing
C)Roger Taney
D)John Jay
E)John Marshall

Question 11

Who was the first chief justice of the United States?

A)John Jay
B)James Madison
C)Benjamin Rush
D)John Adams
E)Alexander Hamilton

Question 12

Which federal court case led to the passage of the Eleventh Amendment, prohibiting American citizens and foreigners from suing a state?

A)Gibbons v. Ogden (1824)
B)Charles River Bridge v. Warren Bridge (1837)
C)Chisholm v. Georgia (1793)
D)Fletcher v. Peck (1810)
E)Dartmouth College v. Woodward (1819)

Question 13

Which statement is most reflective of the outlook of a judicial activist?

A)Life changes, but the basic principles of the U.S. Constitution remain as valid as ever.
B)The U.S. Constitution is an old and completely outdated document and thus should be abandoned entirely.
C)Jurists should always follow the literal meaning and original intent of the U.S. Constitution.
D)Life has changed too much over the years to strictly follow the literal words of a centuries-old U.S. Constitution.
E)It is sheer arrogant folly to consider the larger social economic conditions of today's America in deciding cases.

Question 14

In what percentage of cases do federal appeals courts uphold the decisions of district courts?

A)58 percent
B)68 percent
C)78 percent
D)88 percent
E)98 percent

Question 15

What is the most frequent number of judges on a panel hearing cases for the Court of Appeals for the Federal Circuit?

A)1
B)2
C)3
D)4
E)5

Question 16

Which amendment to the U.S. Constitution invalidated the Dred Scott decision?

A)Twelfth
B)Thirteenth
C)Fourteenth
D)Fifteenth
E)Sixteenth

Question 17

Why did Alexander Hamilton consider the judicial branch the least dangerous of the three branches of the federal government?

A)The legislative branch could set the courts' authority and withdraw it at will.
B)As they were riding the circuit from court to court, Supreme Court justices were too busy to be dangerous.
C)Its members seldom met and could not set policy.
D)It did not have the power to declare war or appoint government officials.
E)It lacked the sword of the executive and the power of the purse of the legislative branches.

Question 18

What distinguishes the judiciary in most systems from other branches of government?

A)It is the least susceptible to corruption.
B)It is the least representative of constituencies.
C)It  is always committed to social progress.
D)It is more powerful in parliamentary systems.
E)It is always able to overrule legislatures.

Question 19

When does the Supreme Court take a case on appeal from a state supreme court?

A)When the state Supreme Court requests it
B)When a prominent state issue is at stake
C)When points of fact and points of law are in conflict
D)When there is doubt about a criminal defendant's innocence
E)When a federal issue is at stake

Question 20

What did the Supreme Court's decision in Gitlow v. New York (1925)establish?

A)That separate but equal accommodations for white and black citizens was unlawful
B)That the First Amendment's guarantee of freedom of the press and speech applied to the states as well as the federal government
C)That local governments could not exclude racial minorities from juries
D)That the First Amendment's guarantee of freedom of religion applied to the states as well as the federal government
E)That the Second Amendment's guarantee of the right to bear arms could not be violated by state or local government

Question 21

Until the creation of the Federal Constitutional Court in West Germany, what was a key handicap of the German legal system?

A)German political culture encouraged defiance to all authority.
B)Judges and attorneys were neither liked nor respected by the German people.
C)There was no independent judicial body capable of checking and balancing the legislatures or the leader.
D)German courts were underfunded and understaffed.
E)Courts always bowed to the more violent and oppressive impulses of the government.

Question 22

What earlier decision establishing the separate but equal doctrine did Brown v. Board (1954)overturn?

A)Scott v. Sanford (1857)
B)Plessy v. Ferguson (1896)
C)Gitlow v. New York (1925)
D)Sweatt v. Painter (1950)
E)Smith v. Allwright (1954)

Question 23

Analyze the role and function of the federal appeals courts. What are their primary purposes, and how do they settle most legal questions brought before them?

Question 24

What was the main goal of the Allied powers in designing a governmental and judicial system for West Germany after World War II?

A)Suppression of regional autonomy that would lead to an overthrow of the central government
B)Prevention of one person or party from gaining too much power
C)Imposition of institutions proven to work in the United States, Great Britain, and the Soviet Union
D)Establishment of individual liberty, even if far-left and far-right groups could flourish
E)Reestablishment of the pre-Nazi Weimar Republic as much as possible

Question 25

In Loving v. Virginia (1967), what kind of state laws did the Supreme Court overturn?

A)Provisions for poll taxes and literacy tests for voter registration
B)Provisions for capital punishment
C)Exclusions of African Americans from jury service
D)Prohibitions against same-sex marriage
E)Prohibitions against interracial marriage

Question 26

How does the Federal Constitutional Court compare to the U.S. Supreme Court in the number and scope of the cases that it hears?

A)It hears and rules on fewer cases, all of them on appeal.
B)It is much more limited in its powers and is barred from ruling on many subjects.
C)It hears far fewer cases, though some are of original jurisdiction.
D)Access to the German court is limited to a few elites.
E)It hears from a lot more plaintiffs of more types on many more cases.

Question 27

How does the German Federal Constitutional Court compare to the roughly equivalent U.S. Supreme Court?

A)It is larger, more accountable, and more popular among its citizens.
B)It is smaller, less accountable, but more popular among its citizens.
C)It is larger, more accountable, but less popular among its citizens.
D)It is smaller, more accountable, and more popular among its citizens.
E)It is larger, less accountable, and less popular among its citizens.

Question 28

What did the drafters of the 1949 West German Basic Law see as the primary factor in the rise of the Nazis?

A)Political polarization between the right and left
B)Beguilement of the German people by Hitler
C)National hysteria
D)Erosion of respect for the rule of law
E)Erosion of regard for democracy

Question 29

Which terms best apply to the Federal Constitutional Court in Germany?

A)Activist, independent, and secret in much of its decision making
B)Activist, independent, and somewhat open in its decision making
C)Passive, dependent on the legislature, and highly secretive
D)Passive, dependent on the executive, and open in its decision making
E)Activist, independent, and completely open in all of its proceedings

Question 30

How has the burden of Germany's experiences in the twentieth century influenced the character of the Federal Constitutional Court and determined its role in German politics?

Question 31

Consider the Supreme Court's decision in Marbury v. Madison (1803). What is the role of this case in establishing the Supreme Court as a coequal branch to the others?

Question 32

Which chief justice wrote the Brown v. Board (1954)decision outlawing racial segregation in public schools?

A)Robert Jackson
B)Fred Vinson
C)Thomas Dewey
D)Earl Warren
E)Warren Burger

Question 33

What is the definition of a fundamental value?

A)Any essential moral principle embraced by the majority of citizens
B)Equal economic opportunity for all citizens of a state
C)Any right that is vital for liberty to exist in a state
D)A dedication to social justice and equality
E)Any aspect of Judeo-Christian morality that aided social and political justice

Question 34

Examine the Dred Scott Decision in Scott v. Sanford (1857). Why is this decision often regarded as among the worst of all decisions by the Supreme Court? Also, is this assessment correct?

Question 35

What kind of judicial system was established in postwar West Germany?

A)Inquisitorial
B)Adversarial
C)Common law
D)Authoritarian
E)Theocratic

Question 36

How can the American and British judicial systems best be described?

A)Inquisitorial and based on case law
B)Adversarial and based on canon law
C)Inquisitorial and based on case law
D)Adversarial and based on case law
E)Inquisitorial and based on civil law