Deck 15: The Federal Courts

Question 1

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

Answer 1

C

Question 2

________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed.

A) A misdemeanor
B) A plea bargain
C) Taking the Fifth
D) A writ of certiorari
E) Mediation

Answer 2

B

Question 3

If a man 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

Answer 3

E

Question 4

There are ________ U.S. district courts.

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

Question 5

About ________ percent of all cases in the United States are heard in state courts.

A) 33
B) 50
C) 66
D) 85
E) 99

Question 6

Prisoners who are challenging their convictions are most likely to seek a writ of ________.

A) habeas corpus
B) judicial error
C) jurisdiction
D) stare decisis
E) challenge

Question 7

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) precedent
D) jurisdiction
E) mandate

Question 8

The jurisdiction of each federal court is derived from ________.

A) the Constitution and federal law
B) the Supreme Court
C) state laws
D) state constitutions
E) the president

Question 9

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 10

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 11

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 12

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 of more than one state where less than $75,000 is at stake.
E) any case in which the U.S. government is party.

Question 13

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

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

Question 14

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 15

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 16

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

Question 17

When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.

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

Question 18

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 19

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 20

________ is designed to protect federal judges from political pressure by granting them life tenure.

A) The Judiciary Act of 1789
B) Article III of the U.S. Constitution
C) Article I of the U.S. Constitution
D) The First Amendment
E) The Judicial Tenure Act of 1891

Question 21

Normally, ________ judge(s) hear(s) a specific case on a federal circuit court of appeals.

A) 1
B) 3
C) 9
D) 15
E) all of the

Question 22

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 23

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 24

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 25

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 26

Which of the following statements best describes the Supreme Court?

A) The justices have no discretion whatsoever to decide which cases they will hear because their jurisdiction is defined entirely by the Constitution.
B) The justices have limited discretion to decide which cases they will hear and they are forced to hear many cases that address only narrow, technical issues of federal law.
C) The justices have limited discretion to decide which cases they will hear, and they are forced to hear only those cases that raise the most important issues of federal law.
D) The justices have broad latitude to decide which cases they will hear and generally hear only those cases they deem to raise the most important issues.
E) The justices have broad latitude to decide which cases they will hear and generally avoid those cases that they deem to raise the most important issues.

Question 27

Which of the following statements about the Supreme Court is true?

A) In 2014, seven of the nine justices were appointed by Democratic presidents.
B) In 2014, seven of the nine justices were appointed by Republican presidents.
C) In 2014, all of the justices were appointed by Democratic presidents.
D) In 2014, five of the nine justices were appointed by Republican presidents.
E) none of the above

Question 28

About ________ percent of all cases in the United States are heard in federal courts.

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

Question 29

There are approximately ________ federal district court judges in the United States.

A) 9
B) 50
C) 145
D) 679
E) 2,500

Question 30

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 31

There are ________ circuits in the United States Court of Appeals.

A) 4
B) 8
C) 12
D) 16
E) 20

Question 32

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) Recent presidents have chosen to nominate people who are often unqualified to be federal judges.
C) Public opinion has not been favorable to most of the recent presidents' nominees.
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 33

About ________ percent of all lower court cases are reviewed by federal appeals courts.

A) 1
B) 10
C) 20
D) 40
E) 58

Question 34

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 President 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 35

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 Latino Americans than African Americans.
B) There are far fewer women than men and far fewer African Americans than Latino Americans.
C) There are far fewer women than men and far fewer Latino Americans than African Americans.
D) There are far fewer men than women and far fewer Latino Americans than African Americans.
E) There are far fewer men than women and far fewer African Americans than Latino Americans.

Question 36

How many justices currently serve on the Supreme Court?

A) 7
B) 9
C) 10
D) 11
E) 15

Question 37

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 38

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

A) 1,000; 500
B) 200; 10
C) 8,500; 80
D) 12,000; 300
E) 5,000; 100

Question 39

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 40

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 Latino American 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 41

The solicitor general is the

A) top-ranking official in the Department of Justice.
B) second-ranking official in the Department of Justice.
C) third-ranking official in the Department of Justice.
D) top-ranking official in the American Bar Association.
E) top-ranking official in the FBI.

Question 42

Most cases reach the Supreme Court through ________.

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

Question 43

When a justice agrees with the ruling of the Court's majority but not all of its reasoning, he or she may often write ________.

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

Question 44

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 45

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 46

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 fair trials.
D) Arrested people have the right to face their accusers.
E) Arrested people have the right to reasonable bails.

Question 47

Why is Marbury v. Madison an important case?

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

Question 48

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 49

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 50

What did the justices rule in Schuette v. Coalition to Defend Affirmative Action (2014)?

A) A Michigan ballot initiative that resulted in a ban on racial preferences in college admissions was constitutional.
B) A Nebraska ballot initiative that resulted in strict gun control laws was constitutional.
C) An Indiana ballot initiative establishing education vouchers was constitutional.
D) A Maine ballot initiative banning the harvesting of lobsters was constitutional.
E) A Virginia ballot initiative that rejected the Affordable Care Act was constitutional.

Question 51

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 52

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 53

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 54

In Gideon v. Wainwright (1963), the justices declared that

A) voluntary school prayer in the public schools was unconstitutional.
B) segregation was unconstitutional.
C) the "one man, one vote" standard was unconstitutional.
D) corporations have free speech rights under the First Amendment.
E) state courts had to provide legal counsel to defendants who could not afford their own attorneys.

Question 55

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

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

Question 56

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 57

The Supreme 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 58

Which of the following statements about the Supreme Court is true?

A) The justices upheld the constitutionality of the Affordable Care Act.
B) The justices ruled that police are not allowed to attach a global-positioning device to a car belonging to a suspected drug dealer without first obtaining a valid warrant.
C) The justices ruled that states cannot mandate a sentence of life in prison without the possibility of parole for minors who are found guilty of homicide.
D) The justices ruled that state legislatures could not ban corporate expenditures in support of or opposition to a political candidate or party.
E) all of the above

Question 59

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 60

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

A) 30 minutes
B) 1 hour
C) 90 minutes
D) 2 hours
E) unlimited time

Question 61

If someone is an advocate of the philosophy 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 the meaning of the law tends to evolve over time.
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 62

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 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

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 65

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

A) Marbury v. Madison (1803)
B) Brown v. Board of Education (1954)
C) Lawrence v. Texas (2003)
D) American Tradition Partnership, Inc. v. Bullock (2012)
E) Miller v. Alabama (2012)

Question 66

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 67

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

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

Question 68

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 adjudicate.
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 lawyers 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 69

________ 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 70

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 federal courts the power of judicial review.
B) It is the duty of the federal judges to say what the law is; therefore, it is necessary for them 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 71

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 it is rarely, if ever, read by anyone involved in the legal process.

Question 72

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 73

Marbury v. Madison was decided in ________.

A) 1789
B) 1803
C) 1861
D) 1911
E) 1938

Question 74

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 75

Baker v. Carr (1962) involved ________.

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 76

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 77

Each Supreme Court justice is assigned ________ law clerks.

A) 2
B) 4
C) 8
D) 10
E) 16

Question 78

What did the justices rule in Hamdi v. Rumsfeld (2004)?

A) The actions of a president are not subject to judicial review.
B) The president does not have the authority to declare individuals to be "enemy combatants."
C) Hamdi was entitled to a lawyer and an opportunity to rebut the government's charges against him.
D) During the war, the president's power as commander-in-chief is unlimited.
E) The president has the power to suspend writs of habeas corpus under any circumstances.

Question 79

In Roe v. Wade (1973), 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 80

Activist judges believe that federal judges 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 courts.
D) go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.
E) always defer judgment to precedents set by previous courts.