Deck 9: The Judiciary

Question 1

In the context of the American legal system, original jurisdiction refers to the

A) court with the authority to hear the case in the first instance.
B) court with the final authority over the case.
C) highest court in the country.
D) court first created in the United States.
E) division of responsibility for cases between the state and federal courts.

Answer 1

court with the authority to hear the case in the first instance.

Question 2

When the United States' legal system is described as a "dual court system," it means that

A) there are two types of courts: civil and criminal.
B) there are two systems of courts: state and federal.
C) criminal defendants may always appeal their decision at least twice.
D) cases are always heard by at least two judges.
E) those accused of a crime may not be convicted unless at least two juries agree on a verdict.

Answer 2

there are two systems of courts: state and federal.

Question 3

An example of a trial court of general jurisdiction is a

A) Superior Court.
B) Traffic Court.
C) State Supreme Court.
D) U.S. Court of Appeals.
E) Federal Bankruptcy Court.

Answer 3

Superior Court.

Question 4

A written argument submitted by lawyers in appellate court cases are generally known as a(n)

A) appellate brief.
B) writ of certiorari.
C) amicus brief.
D) writ of mandamus.
E) merit brief.

Question 5

A traditional legal order that commands a lower court to send a case forward to the U.S. Supreme Court is known as a

A) compulsory jurisdiction order.
B) writ of mandamus.
C) writ of certiorari.
D) bill of attainder.
E) bill of priority.

Question 6

Decisions of the U.S. Supreme Court become final when the

A) majority opinion is written.
B) author of the majority opinion is assigned.
C) justices cast their vote.
D) opinion is announced and published.
E) oral arguments are completed.

Question 7

After its first use of the power of judicial review in 1803, the U.S. Supreme Court next used the power to invalidate an act of the Congress in its

A) 1819 decision in McCulloch v. Maryland.
B) 1821 decision in Cohens v. Virginia.
C) 1824 decision in Gibbons v. Ogden.
D) 1857 decision in Dred Scott v. Sanford.
E) 1966 decision in Miranda v. Arizona.

Question 8

The legal rule established by a judicial decision that guides subsequent judicial decisions is referred to as

A) juridical reassessment.
B) reflexivity.
C) critical assessment.
D) case precedent.
E) legal priority.

Question 9

Cruel and unusual punishment is prohibited by the

A) First Amendment.
B) Second Amendment.
C) Fifth Amendment.
D) Sixth Amendment.
E) Eighth Amendment.

Question 10

In Atkins v. Virginia, the U.S. Supreme Court ruled that

A) imposing the death penalty on mentally retarded murders constituted cruel and unusual punishment.
B) whipping prison inmates constituted cruel and unusual punishment.
C) teachers paddling public school students with wooden broads did not constitute cruel and unusual punishment.
D) the accidental shooting death of an inmate did not constitute cruel and unusual punishment.
E) federal sentencing guidelines were unconstitutional.

Question 11

The requirement that police officers inform arrested suspects of their Miranda rights was imposed by

A) an executive order of the president.
B) congressional legislation.
C) a decision of the U.S. Supreme Court.
D) a decision of the Supreme Court of New York.
E) the Twenty-Seventh Amendment to the U.S. Constitution.

Question 12

As a component of legal strategy, the choice of jurisdiction is important because

A) some courts have limited jurisdiction.
B) some courts or judges may be more sympathetic to particular values or policy preferences.
C) it is more expensive to bring suit in federal courts than in state courts.
D) federal courts are generally more favorable to business interests than state courts.
E) because it is best to avoid the West Coast appellate courts.

Question 13

The Supreme Court decided the Brown v. Board of Education case by a vote of

A) 5-4.
B) 6-3.
C) 7-2.
D) 8-1.
E) 9-0.

Question 14

An amicus brief

A) asks that a higher court call up a case from a lower court.
B) limits a defendant's rights under particular circumstances.
C) transfers jurisdiction from a lower court to the U.S. Supreme Court.
D) is an argument proposed by a group not a party to the appellate court case.
E) overturns a decision of a lower court.

Question 15

President John F. Kennedy dispatched the army to the University of Mississippi in 1962 so that

A) African American faculty could teach.
B) An African American faculty could not teach.
C) an African American student could enroll.
D) African American students could be prevented from attending.
E) segregation of the school's facilities could be maintained.

Question 16

In Korematsu v. United States, the U.S. Supreme Court

A) endorsed the detainment of Japanese Americans.
B) prohibited the unauthorized detention of Japanese Americans.
C) declared restrictions on freedom of speech unconstitutional.
D) declared limitations on the right to bear arms unconstitutional.
E) incorporated the Third Amendment protections against quartering of soldiers.

Question 17

The federal criminal case concerning the depiction of animal cruelty started in the Connecticut Superior Court and ended up at the Supreme Court.

Question 18

There are more state supreme courts than there are state courts of appeals.

Question 19

In the United States, the phrase "dual court system" is used to refer to the existence of two types of courts: trial and appellate courts.

Question 20

The U.S. courts of appeals have a specialized federal circuit for patent and
trade cases.

Question 21

The highest court to which a case may be appealed is referred to as the
superior court.

Question 22

When the U.S. Supreme Court agrees to hear an appeal, it issues a writ of certiorari to order the lower court to send the case forward.

Question 23

All judges who disagree with the majority ruling in a case must write a dissenting opinion.

Question 24

In its 2005 ruling in Kelo v. New London, the U.S. Supreme Court stated that local governments cannot force individuals to sell their homes in order to turn the property over to developers.

Question 25

Sitting U.S. Supreme Court justices may be removed from the Court through the congressional impeachment process.

Question 26

As an approach to understanding judicial decision making, new institutionalism emphasizes the way in which the structures and processes of the courts influence their decisions.

Question 27

In a(n) _____ legal system, the judge takes an active role in questioning witnesses and seeking to discover truth.

A) canon law.
B) common law.
C) civil law.
D) adversarial.
E) inquisitorial.

Question 28

In an adversarial legal system,

A) legal precedent plays an unimportant role.
B) judges take an active role in questioning witnesses to seek and discover the truth.
C) the primary goal of the legal process is to protect civil liberties.
D) attorneys are expected to provide zealous representation and advocacy to protect their side's interests.
E) the defense's responsibility is to prove their client's innocence.

Question 29

Negotiated resolutions of cases before trial in civil courts are referred to as

A) no fault decisions.
B) counseled decisions.
C) settlements.
D) transfer authority agreements.
E) reformations.

Question 30

The idea that there are two court systems, state and federal, which share jurisdiction for the law, is referred to as a(n)

A) common law system.
B) dual court system.
C) adversarial system.
D) federal system.
E) inquisitorial system.

Question 31

Legal proceedings in which the government seeks to prove that an individual is guilty of a crime and deserves punishment for that crime are generally referred to as

A) civil lawsuits.
B) appellate jurisdiction.
C) criminal prosecutions.
D) plea bargains.
E) circuit courts.

Question 32

Legal actions filed by individuals seeking remedies from private parties for contract violations, personal injury, and related issues are generally referred to as

A) civil lawsuits.
B) appellate jurisdiction.
C) criminal prosecutions.
D) plea bargains.
E) circuit courts.

Question 33

A court with the authority to hear a case in the first instance, such as a trial court, is said to have a(n)

A) writ of mandamus.
B) obligatory access.
C) right of first refusal.
D) appellate jurisdiction.
E) original jurisdiction.

Question 34

Courts that examine allegations concerning uncorrected errors during trials are usually referred to as

A) district courts.
B) intermediate appellate courts.
C) courts of last resort.
D) trial courts.
E) superior courts.

Question 35

The U.S. Courts of Appeals are divided into a total of 11

A) districts.
B) levels.
C) circuits.
D) jurisdictions.
E) regions.

Question 36

The highest courts in each American court system, typically called supreme courts, which hear selected appeals from the lower courts, are generally known as

A) district courts.
B) intermediate appellate courts.
C) courts of last resort.
D) trial courts.
E) superior courts.

Question 37

The U.S. Supreme Court has _____ jurisdiction over cases decided in lower courts.

A) primary
B) appellate
C) senior
D) original
E) review

Question 38

Which of the following is an example of a court of last resort?

A) U.S. Courts of Appeals
B) U.S. District Courts
C) The U.S. Supreme Court
D) State Trial Courts
E) State Circuit Courts

Question 39

In the United States, intermediate appellate courts are primarily responsible for

A) reviewing the decisions of lower court judges.
B) reviewing the decisions of state courts.
C) examining allegations of uncorrected errors during trials.
D) determining the constitutionality of the decisions of state legislatures.
E) coordinating responsibility for cases between state and federal courts.

Question 40

A concurring opinion refers to an opinion written by a judge who

A) disagrees with the decision of the majority.
B) agrees with the decision of the majority but wishes to present an alternative reason for their opinion.
C) wishes to appeal the decision of the majority.
D) wishes to hear an appeal from a lower court.
E) wishes to set the framework for a future appeal of the decision.

Question 41

A dissenting opinion refers to an opinion written by a judge who

A) disagrees with the decision of the majority.
B) agrees with the decision of the majority but wishes to present an alternative reason for their opinion.
C) wishes to appeal the decision of the majority.
D) wishes to hear an appeal from a lower court.
E) wishes to set the framework for a future appeal of the decision.

Question 42

A writ of certiorari

A) asks that a higher court call up a case from a lower court.
B) limits a defendant's rights under particular circumstances.
C) is the written statement of interested but uninvolved parties.
D) is an argument submitted by lawyers in an appellate court case.
E) is the opinion written by the chief justice in a case.

Question 43

Cases in state or federal intermediate appellate courts are usually heard by _____ judge(s).

A) 1
B) 3
C) 5
D) 7
E) 9

Question 44

Appellate courts differ from trial courts in that

A) cases are generally heard by a panel of judges rather than a jury.
B) cases generally revolve around alleged errors in the investigation or trial process rather than the finding of fact.
C) they generally only review cases in writing rather than hearing the testimony of witnesses.
D) their decisions are reflected in the written majority opinion rather than a final verdict.
E) All of these answers are true of appellate courts.

Question 45

If judges agree with the outcome favored by the majority but wishes to present their own reasons for agreeing with the decision, they may write a

A) dissenting opinion.
B) writ of certiorari
C) concurring opinion
D) majority opinion.
E) consenting opinion.

Question 46

When the U.S. Supreme Court agrees to hear a case, it issues a(n) _____ to take jurisdiction over the case from the lower court.

A) appellate brief.
B) writ of certiorari.
C) amicus brief.
D) writ of mandamus.
E) merit brief.

Question 47

In order for a specific case to be heard by the U.S. Supreme Court, at least _____ justices must vote to hear that case.

A) 1
B) 4
C) 5
D) 7
E) 9

Question 48

When the U.S. Supreme Court reaches a decision, responsibility for writing the majority opinion falls to the

A) chief justice.
B) most senior member of the majority.
C) person designated by the chief justice or most senior member in the majority.
D) most junior member in the majority.
E) justice with the strongest opinion on the case.

Question 49

The U.S. Supreme Court receives requests to hear approximately _____ cases per year. From that total, it normally grants complete hearings to only approximately _____ cases per year.

A) 500 requests; 100 cases heard
B) 1,000 requests; 100 cases heard
C) 5,000 requests; 250 cases heard
D) 7,000 requests; 80 cases heard
E) 10,000 requests; 1,000 cases heard

Question 50

Based on their support for ____________, justices are typically classified as conservative or liberal.

A) business interests
B) environmental regulations
C) broad definitions of rights
D) business regulations
E) criminal defendant's rights

Question 51

There are nine justices sitting on the U.S. Supreme Court. How many were appointed by Democrats?

A) Two
B) Three
C) Four
D) Five
E) Six

Question 52

The majority of the justices currently sitting on the U.S. Supreme Court share what common experience?

A) They all graduated from Yale Law School.
B) They all worked as federal prosecutors before being appointed to the bench.
C) They were all nominated by Republican presidents.
D) They served as federal judges before being nominated for the Supreme Court.
E) They all had experience in the private sector before working in the government.

Question 53

Which of the following justices were confirmed by the narrowest majorities in the Senate?

A) Clarence Thomas and Samuel Alito
B) Elena Kagan and Ruth Bader Ginsburg
C) John Roberts and Antonin Scalia
D) Sonia Sotomayor and Stephen Breyer
E) Anthony Kennedy and Antonin Scalia

Question 54

The Supreme Court permitted the government to require homeowners to turn over their property to developers to advance local economic progress in the case of

A) Citizens United v. Federal Election Commission.
B) Dred Scott v. Sandford
C) Marbury v. Madison.
D) Roper v. Simmons.
E) Kelo v. New London.

Question 55

Alexander Hamilton described the courts as the

A) least dangerous branch of government.
B) most dangerous branch of government.
C) most legitimate branch of government.
D) strongest branch of government.
E) least democratic branch of government.

Question 56

The longest-serving member of the current U.S. Supreme Court is

A) Samuel Alito.
B) Anthony Kennedy.
C) Antonin Scalia.
D) Clarence Thomas.
E) Ruth Bader Ginsburg.

Question 57

A legal order through which a court directs a government official to take a specific action required by law is referred to as a(n)

A) appellate brief.
B) writ of certiorari.
C) amicus brief.
D) writ of mandamus.
E) merit brief.

Question 58

The power of judicial review is specifically articulated in

A) in Article I of the Constitution.
B) in Article II of the Constitution.
C) in Article III of the Constitution.
D) in The Eighth Amendment to the Constitution.
E) nowhere in the Constitution.

Question 59

Which topic is NOT a part of Article III of the Constitution?

A) Tenure of federal judges
B) Judicial review
C) Definition of treason
D) Requirement for trial by jury in the federal courts
E) Subject matter jurisdiction of federal courts

Question 60

Which of the following cases does NOT deal specifically with the question of judicial review?

A) Granholm v. Heald
B) District of Columbia v. Heller
C) Hamdi v. Rumsfeld
D) Citizens United v. Federal Election Commission
E) Miranda v. Arizona

Question 61

The power of judicial review was established by the U.S. Supreme Court in its decision in the case of

A) Texas v. Johnson.
B) Tinker v. Des Moines
C) Marbury v. Madison.
D) United States v. Booker.
E) Kelo v. New London.

Question 62

The U.S. Supreme Court ruled that state laws prohibiting the direct sales of wine to consumers by out-of-state wineries violated the Commerce Clause in the case of

A) Granholm v. Heald.
B) United States v. Booker.
C) Hamdi v. Rumsfeld.
D) Ashcroft v. Free Speech Coalition.
E) Bush v. Gore.

Question 63

The central issue under debate in the Marbury v. Madison case was the

A) appointment of federal judges.
B) conclusion of a treaty between the United States and France.
C) establishment of a national bank.
D) legal status of Native American tribes.
E) principle of freedom of speech.

Question 64

A legal order under which a court directs a government official to take a specific course of action as required by law is generally known as a

A) compulsory jurisdiction order.
B) writ of certiorari.
C) bill of attainder.
D) bill of priority.
E) writ of mandamus.

Question 65

The 1857 U.S. Supreme Court decision in Dred Scott v. Sanford invalidated the

A) Alien and Sedition Acts.
B) Missouri Compromise.
C) Wilmot Proviso.
D) Northwest Ordinance.
E) Louisiana Purchase.

Question 66

The process by which Congress may remove a sitting judge, the president, or other high officials is known as

A) impeachment.
B) recall.
C) recount.
D) legislative prerogative.
E) executive privilege.

Question 67

Federal judges are typically removed by Congress if they

A) make political speeches.
B) commit a crime.
C) displease the party in power.
D) regularly rule against the government.
E) have more than half of their decisions overturned.

Question 68

Sitting federal judges can be removed from office

A) on the request of the president.
B) by simple majority vote of Congress.
C) through the congressional impeachment procedure.
D) by the decision of a higher level court.
E) through any of the above mechanisms.

Question 69

The Supreme Court's controversial decision in Citizens United v. Federal Election Commission (2010)

A) overturned a D.C. ordinance that barred the ownership and possession of handguns by anyone other than the police.
B) overturned federal mandatory sentencing guidelines for terrorists.
C) permitted states to use race as a factor in hiring decisions.
D) required states to enforce federal anti-drug laws even if voters had approved the medicinal use of marijuana.
E) invalidated the Bipartisan Campaign Reform Act citing its violation of the First Amendment.

Question 70

Article III of the U.S. Constitution specifies the tenure of federal judges as

A) "ten years or until recalled by Congress."
B) "twenty years."
C) "at the Pleasure of the President."
D) "until the next congressional or presidential election, whichever occurs first."
E) "during good Behaviour."

Question 71

Franklin Roosevelt's unsuccessful proposal in 1937 to permit the appointment of new justices to the U.S. Supreme Court is an example of

A) limited jurisdiction.
B) bipartisan selecting.
C) court packing.
D) mandatory retirement.
E) court reform.

Question 72

In 1937, President Franklin Roosevelt famously tried to change the composition of the U.S. Supreme Court to make it more amenable to his proposals in his

A) due process plan.
B) judicial reform order.
C) Great Society plan.
D) court-packing plan.
E) judge saving program.

Question 73

During Bill Clinton's presidency, Democratic senators were angry at their Republican colleagues for blocking judicial appointments and thereby violating the tradition of _____ for controlling the selection of federal judges in their home states.

A) seniority
B) senatorial courtesy
C) judicial review
D) states' rights
E) authoritative allocation

Question 74

The process through which legislators from the president's party have a virtual veto over potential nominees for their home state's district courts is usually referred to as

A) seniority.
B) senatorial courtesy.
C) judicial review.
D) states' rights.
E) authoritative allocation.

Question 75

A process by which members of the United States Senate may block or delay voting on proposed legislation or on the confirmation of presidential appointments is known as

A) Marginal approval.
B) Senatorial courtesy.
C) Legislative delay.
D) Filibuster.
E) Right of denial.

Question 76

Which of the following is NOT a method of judicial selection used by American states?

A) gubernatorial appointment
B) legislative appointment
C) hereditary appointment
D) partisan elections
E) nonpartisan elections

Question 77

Which of the following states does NOT use merit selection to select judges for the state courts?

A) Alaska
B) Colorado
C) Hawaii
D) Nebraska
E) Idaho

Question 78

In which of the following cases did the U.S. Supreme Court decide that imposing the death penalty on mentally retarded murderers constitutes cruel and unusual punishment?

A) Jackson v. Bishop
B) Whitley v. Abers
C) Ingraham v. White
D) Atkins v. Virginia
E) Texas v. Johnson

Question 79

The U.S. Supreme Court's decision in Roper v. Simmons cited this amendment as prohibiting execution of murderers who committed their crimes before 18 years of age.

A) First Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Eighth Amendment.
E) Ninth Amendment.

Question 80

The narrow interpretation of the Constitution, based only on the meaning the writers of the Constitution intended, is known as

A) original intent.
B) progressive reading.
C) limited jurisdiction.
D) subject matter jurisdiction.
E) framed reading.