Deck 15: The Judiciary

Question 1

The power of the American courts to strike down laws that they determine violate federal or state constitutions is called

A) amicus curiae.
B) appellate jurisdiction.
C) judicial restraint.
D) judicial review.
E) judicial supremacy.

Answer 1

judicial review.

Question 2

Early defenders of judicial review contended that it makes the Constitution

A) irrelevant to modern issues.
B) less important than the will of the people.
C) subject to federal laws.
D) subject to the whims of elected officials.
E) supreme over the will of elected officials.

Answer 2

supreme over the will of elected officials.

Question 3

Judicial activism is the charge that

A) extremists use the court system as a platform from which to air their opinions.
B) federal judges read their own policy preferences into the fundamental law, under the guise of interpreting the Constitution.
C) Congress uses the judicial branch to strike down executive orders with which it disagrees when the majority party cannot obtain enough votes to override them.
D) the president uses the Court to force legislation that Congress refuses to pass.
E) Congress illegally passes statutes that restrict the Court's ability to interpret laws.

Answer 3

federal judges read their own policy preferences into the fundamental law, under the guise of interpreting the Constitution.

Question 4

One who interprets the Constitution based on the original intent of its framers would be called a(n)

A) judicial activist.
B) traditionalist.
C) evolving constitutionalist.
D) strict constructionist.
E) strict constitutionalist.

Question 5

How is the Supreme Court a preeminently deliberative institution?

A) It holds supreme power over the other branches of government.
B) It interprets the Constitution and laws without responding to political pressures or representing any class or group.
C) It makes judgments on federal laws and orders the enforcement of its decisions.
D) It presents the public with the necessary arguments to make informed choices in elections.
E) It sets forth the guidelines by which the debate over any bills before Congress must abide.

Question 6

Baron de Montesquieu made the case for an independent judiciary in

A) The Spirit of the Laws.
B) Common Sense.
C) The Federalist Papers.
D) The Declaration of the Rights of Man.
E) Leviathan.

Question 7

In order to ensure that judges would exercise their independent judgments, the framers established

A) restrictions on impeachments of judges.
B) a life term and a prohibition on cutting judicial salaries.
C) prohibitions on communications between the judicial and legislative branches.
D) a solicitor general to oversee the integrity of the judicial branch.
E) a condition allowing judges to read their own policy preferences into the Constitution.

Question 8

According to the Constitution, the Supreme Court has original jurisdiction over cases in which

A) the economy is involved.
B) a state is a party.
C) money does not change hands.
D) civil courts have not been involved.
E) a major corporation is the defendant.

Question 9

The three-tiered federal court structure was created by

A) Baron de Montesquieu.
B) the Constitution.
C) the first justices of the Supreme Court.
D) the Judiciary Act of 1789.
E) Thomas Jefferson and James Madison.

Question 10

Federal district courts have jurisdiction over

A) cases involving ambassadors or other public ministers.
B) Constitutional issues.
C) federal question suits.
D) minor federal crimes and many civil matters.
E) serious federal crimes.

Question 11

Marbury v. Madison was the landmark case in which the Supreme Court first exercised

A) original jurisdiction.
B) a writ of mandamus.
C) judicial review.
D) appellate jurisdiction.
E) judicial activism.

Question 12

A writ of mandamus is a(n)

A) legal brief written by an individual or organization who is not a formal party to the case.
B) appointment to the federal judiciary made in the final months and weeks of a president's term.
C) request to have the Supreme Court overturn a decision.
D) order for judges to look at past precedents as a guide.
E) judicial command to a public official to do his or her duty.

Question 13

"The great chief justice" refers to

A) Alexander Hamilton.
B) Earl Warren.
C) John Marshall.
D) Roger Taney.
E) William Rehnquist.

Question 14

What charge do critics of judicial review often make of the power?

A) Judges are held too accountable under judicial review and must be protected in order to make independent judgments.
B) Judicial review does not go far enough in asserting the power of the judiciary.
C) Judicial review opens judges up to being ruled by the whims of Congress, and therefore unable to make sound legal decisions.
D) Judicial review violates the separation of powers, making the judiciary the supreme branch.
E) There is not enough power in the judicial branch to enforce their decisions effectively.

Question 15

The original Constitution guarantees defendants in criminal cases a(n)

A) amicus curiae.
B) monetary compensation if they are acquitted.
C) reading of their Miranda rights.
D) trial by jury.
E) writ of mandamus.

Question 16

In a(n) _______ case, one individual sues another person or organization because of some alleged harm.

A) advisory
B) appellate
C) civil
D) criminal
E) equity

Question 17

A United States attorney is the

A) attorney who writes amicus curiae briefs for Supreme Court hearings.
B) clerk who prepares cases to appear before the Supreme Court.
C) lawyer who argues for the government in Supreme Court cases.
D) presidential appointee in charge of the Department of Justice.
E) chief federal prosecutor in charge of each judicial district.

Question 18

In most civil cases the plaintiff must prove his or her case

A) before a grand jury.
B) beyond a reasonable doubt.
C) by a preponderance of the evidence.
D) to a panel of three judges.
E) to a single judge.

Question 19

In criminal cases, the standard of proof "beyond a reasonable doubt" requires that the state prove the defendant's guilt

A) beyond a doubt based on reasons related to the evidence and facts in the case.
B) beyond any possible doubt.
C) in a written statement submitted to a panel of three judges of the circuit court.
D) to a majority of the jury.
E) to the presiding judge.

Question 20

Tocqueville observed that jury service reminds citizens that

A) the government oppresses the average voter.
B) the judiciary is the dominant branch of government.
C) the justice system is unfair.
D) they have duties toward society and that they take a share in its government.
E) they have no voice in their government.

Question 21

The appellant is the party that is

A) appealing the holding in a case.
B) requesting that the previous opinion be upheld.
C) carrying the burden of proof.
D) bringing the original case before the court.
E) is being sued in a civil case.

Question 22

Cases before an appellate court are typically handled by

A) assistant U.S. attorneys.
B) juries.
C) Supreme Court justices.
D) the solicitor general.
E) three-judge panels.

Question 23

Cases before appellate courts are typically decided by

A) a consensus in a full court meeting.
B) a panel of twelve jurors.
C) a two-person majority of the panel.
D) a unanimous decision of the three judges.
E) the senior judge of the panel.

Question 24

What qualifications does the Constitution specify for service on any federal court?

A) Nominees must be at least 35 years of age.
B) Nominees must be natural-born citizens.
C) Nominees must be permanent residents of the district in which they would serve.
D) Nominees must have lived in the United States at least ten of their adult years.
E) The Constitution specifies no qualifications for service on any federal court.

Question 25

The original Judiciary Act sets the number of Supreme Court justices at

A) five.
B) six.
C) nine.
D) ten.
E) twelve.

Question 26

A petition for a writ of certiorari is a(n)

A) order from a court to a government official to perform his duty.
B) brief written by someone who has an interest in the outcome of the case but not a party to it.
C) request by the losing party in a suit to a higher court to review the decision.
D) order that the presiding judge should not look to precedents as a guide whenever possible.
E) court's refusal to hear a case if it has been resolved or rendered irrelevant by subsequent events.

Question 27

The "rule of four" provides that

A) a case may be appealed no more than four times.
B) a case must pass a four-prong test to be heard by the Supreme Court.
C) four federal judges must agree to pass a case on the Supreme Court.
D) only four justices need to agree in order to command a majority decision.
E) the Supreme Court will hear a case if any four justices agree to do so.

Question 28

Citizens who are not actual parties to a case are able to influence the Court's deliberations through

A) advisory opinions.
B) amicus curiae briefs.
C) class action suits.
D) writs of certiorari.
E) writs of mandamus.

Question 29

The solicitor general is responsible for filing

A) amicus curiae briefs to appellate courts.
B) charges against government whistleblowers.
C) precedents for consideration by appellate courts.
D) appeals to the Supreme Court on behalf of criminal defendants.
E) the briefs that represent the position of the executive branch.

Question 30

Who attends the conferences in which the justices make provisional decisions on the cases argued in the days before?

A) Only the justices
B) The justices, the lead lawyers from each side, and the general public
C) The justices and the lead lawyers from each side
D) The justices and the solicitor general
E) The justices and their judicial clerks

Question 31

A plurality opinion carries

A) equal weight to a majority opinion.
B) less weight than a majority opinion.
C) more weight than a unanimous decision.
D) no binding weight.
E) no standing as precedent.

Question 32

John Marshall focused on achieving unanimous opinions in order to

A) convincingly overturn precedents.
B) discourage lawyers from filing appeals.
C) draw support from European courts.
D) move fewer cases through the Supreme Court.
E) promote public acceptance of controversial decisions.

Question 33

A prior court decision on a similar matter is called

A) an advisory opinion.
B) an amicus curiae.
C) mootness.
D) a precedent.
E) ripeness.

Question 34

A court's advisory opinion is

A) its advice or interpretation on a legal matter outside of a specific case or controversy.
B) the Supreme Court's final ruling on an issue.
C) advice to lawmakers from the federal courts.
D) a brief written by the lawyers on each side of a case to sum up their major arguments.
E) the official position of the executive branch on an issue, as filed by the solicitor general.

Question 35

Which of the following is not one of the four key characteristics justices use to determine whether a genuine case or controversy exists?

A) Equity
B) Mootness
C) Political question
D) Ripeness
E) Standing

Question 36

To have standing to sue, a party must have

A) been the victim of a violent federal crime.
B) lost more than $20.
C) previously submitted his case to a panel of three judges.
D) proof that a law was broken.
E) suffered a real injury.

Question 37

Because the plaintiff in Roe v. Wade had already given birth, the Court might have declined to hear the case by invoking the doctrine of

A) equity.
B) mootness.
C) ripeness.
D) standing.
E) stare decisis.

Question 38

The Court first enforced the supremacy of national law in the American federal system through its decision in the landmark case

A) Brown v. Board of Education.
B) Lochner v. New York.
C) McCulloch v. Maryland.
D) Plessy v. Ferguson.
E) Roe v. Wade.

Question 39

In the Slaughterhouse Cases of 1873, the Court narrowly interpreted the "privileges and immunities" clause of the Fourteenth Amendment to mean only those rights

A) associated with national citizenship.
B) of natural born citizens.
C) of persons.
D) of property.
E) under state constitutions.

Question 40

What was the consistent theme of major Supreme Court decisions in the decades following the Civil War?

A) State governments can do little to use political power to disadvantage black persons.
B) The Constitution requires a broad interpretation of the Thirteenth, Fourteenth, and Fifteenth Amendments.
C) The federal government can do little to affect race relations in the states.
D) The federal government is the only authority on the implementation of the Thirteenth, Fourteenth, and Fifteenth Amendments.
E) The judiciary is supreme over the other branches of government in matters of economic development.

Question 41

In many decisions during the Lochner era, the Supreme Court held that the Constitution

A) confers on the federal government the duty to regulate the working conditions of its citizens.
B) grants citizens federal protection against large corporations.
C) limits governmental regulation of economic enterprise.
D) obligates the government to intervene when economic enterprise threatens the well-being of citizens.
E) requires the federal government to eliminate the laissez-faire approach to economic enterprise.

Question 42

Franklin Roosevelt proposed the "court packing plan" in response to the Court's decision in Schechter Poultry Corp. v. U.S., a case that interfered with

A) government working conditions.
B) the administration's plan to fix the Great Depression.
C) the enforcement of the Judiciary Act.
D) the establishment of courts of equity.
E) U.S. involvement in World War II.

Question 43

The Court's decision in Wickard v. Filburn, which affirmed Congress's power to regulate the private production and consumption of wheat, signaled an end to

A) a liberal judiciary.
B) aggressive economic regulations.
C) Roosevelt's court packing plan.
D) the Lochner era.
E) the rights revolution.

Question 44

"Footnote 4" of United States v. Carolene Products Co. identifies areas where

A) Congress has complete authority and is not subject to checks by the executive or judicial branches.
B) economic regulation encroaches on personal liberties.
C) the Court should not apply the tests of ripeness or mootness.
D) the Court should not presume the constitutionality of legislation.
E) the federal government has authority over state governments.

Question 45

The court that is best known for aggressively expanding private rights in the last half of the twentieth century is the

A) Warren Court.
B) Marshall Court.
C) Roberts Court.
D) Jay Court.
E) Taney Court.

Question 46

The equity power is a judicial authority to

A) issue advice or an interpretation on a legal matter outside a specific case.
B) establish equal rights for all defendants regardless of the type of case.
C) hear an equal number of cases on all issues.
D) deliver an equal number of holdings for the plaintiffs and defendants.
E) issue an injunction or decree when the strict application of the law would result in an unjust outcome.

Question 47

The Court's decision in Bush v. Gore signaled that the federal courts may

A) be heavily influenced by the will of Congress.
B) be taking a less partisan role in government.
C) have been more influential in previous elections than citizens realized.
D) play a larger role in monitoring future elections.
E) refuse to intervene in future elections.

Question 48

What unique deliberative function do the courts exercise?

A) They interpret the Constitution to advise presidents on a particular course of action.
B) They present the public with information to make election choices.
C) They reason how the Constitution and laws apply in specific cases.
D) They review the actions of elected officials.
E) They use the Constitution to pass legislation.

Question 49

Originalism is the theory of constitutional interpretation, which holds that

A) appellate judges should begin with the assumption that the original finding in a case was correct.
B) the original Constitution carries more weight than its amendments.
C) judges should look at the Constitution as an ever-changing document that shifts to meet new circumstances and norms.
D) cases should be decided by the letter of the law rather than by the spirit in which the law was established.
E) judges should look to how the Constitution was understood by those who wrote and ratified it.

Question 50

According to the doctrine of judicial self-restraint, judges should defer to the __________ in most matters.

A) president
B) precedents set by judiciaries of other nations
C) Constitution
D) elected representatives
E) will of the people

Question 51

Which amendment was NOT added to overturn a Supreme Court decision?

A) Eleventh, prohibiting a citizen of a foreign country from suing a state
B) Fourteenth, declaring that blacks could be citizens
C) Sixteenth, granting Congress the power to levy an income tax
D) Nineteenth, giving women the right to vote
E) Twenty-Sixth, giving 18-year-olds the right to vote

Question 52

The original jurisdiction of the Supreme Court is determined by the

A) citizenry.
B) Constitution.
C) requests made by appellants.
D) the solicitor general.
E) the Declaration of Independence.

Question 53

The reaction to Roosevelt's court-packing plan seemed to indicate the American public's view that

A) the size of the Court should not be altered to influence its decisions.
B) the Court was too far behind the changing times to be relevant.
C) the judiciary was an extraneous and intrusive body.
D) Congress should have more influence over the Supreme Court.
E) the judiciary was the weakest branch of the government.

Question 54

What event ensured that impeachment would not be used in the future as a method to remove justices for their judicial opinions?

A) The impeachment of Andrew Johnson
B) Roosevelt's court-packing plan
C) The acquittal of Associate Justice Samuel Chase
D) The Midnight appointments
E) The Dred Scott decision

Question 55

What was significant about Robert Bork's nomination to the Supreme Court?

A) It represented one of the least divisive confirmation hearings in the Senate's history.
B) It was the only debate to lead to a unanimous confirmation of a Supreme Court nominee.
C) This was the first time a nominee refused to appear before the Senate Judiciary Committee.
D) This was the first time a nomination debate focused on the nominee's view on legal issues, rather than solely on his competence, integrity, and judicial temperament.
E) This was the last confirmation hearing conducted by the House of Representatives.

Question 56

What has proven to be the most effective tool for the broader political community to influence the Supreme Court?

A) Appointing certain kinds of judges
B) Changing the size of the court
C) Impeaching judges
D) Limiting the jurisdiction of the courts
E) Refusing to enforce judicial decisions

Question 57

One importance of dissenting opinions by Supreme Court justices is that they

A) give citizens access to the exchange of views that led to a decision.
B) characterize the chaotic nature of the judiciary.
C) establish precedents that lower courts are required to follow.
D) give less weight to the majority opinion.
E) provide supporting arguments for future appeals in the case.

Question 58

How might oral arguments before the Supreme Court foster deliberation by the Justices?

Question 59

What four characteristics of a case do Supreme Court justices use to determine whether or not a controversy exists? How does each characteristic help them decide whether or not to hear a case?

Question 60

What is the significance of the dissent written by Oliver Wendell Holmes, Jr. in Lochner v. New York?

Question 61

Over the course of American political history, the themes of the Supreme Court's decisions have varied. What major themes has the Court addressed and how have their decisions influenced the politics of their time?

Question 62

What controversy surrounds the equity power? How has the Court's use of this power changed since the nation's early years?

Question 63

What controversy surrounded the Court's decision in Bush v. Gore? What legal issues dominated the case?

Question 64

What are the different theories of constitutional interpretation? What issues have illustrated this debate?

Question 65

What tools have been used throughout the course of American politics as a means of checking the courts? In what way can the judiciary check the legislative and executive branches?

Question 66

How have judicial confirmations changed since the nomination of Robert Bork as a Supreme Court justice?

Question 67

What contribution does the Supreme Court make to deliberative democracy? How do dissenting opinions contribute to the deliberative nature of the judiciary?