Deck 14: The Courts

Question 1

In criminal cases, the burden of proof is on the defendant.

Answer 1

False

Question 2

Most of the Supreme Court's time is spent hearing cases.

Answer 2

False

Question 3

In some civil cases, the burden of proof can shift from the plaintiff to the defendant.

Answer 3

True

Question 4

Many criminal and civil cases are settled without a trial through plea bargaining.

Question 5

Which of the following was a part of the Judiciary Act of 1789?

A) It established every court throughout the nation, including all trial courts, city courts, county courts, state courts, and federal courts.
B) It specified the Supreme Court's power of judicial review.
C) It set the number of Supreme Court justices at nine.
D) It created both federal circuit and district courts.
E) It gave the president the power to nominate a new Supreme Court justice in the event of a vacancy on the Court.

Question 6

Although judges are bound to follow previous legal interpretations, their political views still matter because:

A) they often choose to ignore the decisions of other courts.
B) they represent constituents just as a member of Congress does.
C) there are often multiple legal justifications for any decision in a case.
D) many judges later decide to run for political office.
E) judges want to help their party.

Question 7

Supporters of a living Constitution argue that other legal perspectives do not allow the legal system to adapt in response to changes in technology, values, and society that could not have been anticipated by America's Founders.

Question 8

________ of the U.S. Constitution created the U.S. Supreme Court.

A) Article I
B) Article II
C) Article III
D) Article IV
E) Article V

Question 9

When a court is the first one to interpret the application of law from a lower court, it is said to have "original jurisdiction."

Question 10

The Supreme Court is the only national institution that can alter the Constitution.

Question 11

In Marbury v. Madison, the Court asserted its power by forcing Secretary of State James Madison to deliver Justice William Marbury his commission so that Marbury could rightfully take his place as a justice of the peace.

Question 12

The chief justice is responsible for assigning the majority opinion to another justice on the Court but only when the chief justice is in the voting majority at the conference meeting.

Question 13

The Constitution is silent on the concept of judicial review.

Question 14

The Supreme Court is a national policy-making institution.

Question 15

The early details of the Supreme Court, including setting the number of justices at six and determining its internal organization, were established in:

A) the Preamble to the Constitution.
B) the Judiciary Act of 1789.
C) Marbury v. Madison (1803).
D) Federalist 78.
E) Article I of the Constitution.

Question 16

What is a court's appellate jurisdiction?

A) the types of cases that originate in that court
B) the power to review the constitutionality of cases
C) cases in which the court must make rulings on the facts of a case
D) the authority of a court to review decisions from lower courts and change or uphold them
E) the authority of the court to determine the meaning of a law

Question 17

Although appeals courts are between the district courts and the Supreme Court, in actuality it is in the appeals courts where the final decision is rendered in most federal appellate cases.

Question 18

The Supreme Court has ruled to limit the president's authority.

Question 19

The Supreme Court tends to be responsive to the views of the public, Congress, and the president because of the nature and frequency of Supreme Court elections.

Question 20

The original jurisdiction of the Supreme Court includes those cases that go directly to the Court for a full hearing. As specified in Article III of the Constitution, this includes disputes involving foreign ambassadors, countries, or cases in which a state is a party in the case.

Question 21

Why is venue shopping important?

A) It reduces the likelihood of jury nullification.
B) It resolves jurisdictional battles between federal and state courts.
C) It helps interest groups locate someone who has standing in a case to help them get a case to trial.
D) It helps individuals and groups find the best attorneys to represent them at trial.
E) It allows individuals and groups to seek a court where they might receive a more favorable ruling.

Question 22

If a neighbor accidentally backed his car into the fence that divides your property, destroying a large section of it, and you sued your neighbor in court for damages, you would be the:

A) plaintiff.
B) defendant.
C) petitioner.
D) respondent.
E) dissenter.

Question 23

What was the principal effect of Marbury v. Madison (1803) on the Supreme Court?

A) It gave the Court the ability to rule on whether laws violated the Constitution.
B) It expanded the Court's appellate jurisdiction.
C) It established the system of circuit courts to take some burden off of the Supreme Court.
D) It changed the original jurisdiction of the Court to hear matters in which state law conflicted with federal law.
E) It forced the creation of today's lower federal courts.

Question 24

Common law is a system by which a court:

A) ensures that both parties to a case have lawyers and share evidence.
B) makes legal decisions on the basis of earlier decisions by other courts.
C) provides a detailed codification of the law.
D) only hears cases that come from its specific jurisdiction.
E) hears special cases involving enemy combatants and matters related to national security.

Question 25

The process of sharing evidence before a trial, known as discovery, is a key part of:

A) the constitutional law system.
B) the adversarial system.
C) the rules on the standard of proof.
D) a court's jurisdiction.
E) judicial review.

Question 26

If a neighbor accidentally backed his car into the fence that divides your property, destroying a large section of it, and you sued your neighbor in court for damages, your neighbor would be the:

A) plaintiff.
B) defendant.
C) petitioner.
D) respondent.
E) dissenter.

Question 27

What was the justification for refusing to issue Marbury his commission in Marbury v. Madison (1803)?

A) Marbury was not a U.S. citizen and therefore was ineligible for a job on the
Federal court.
B) The Court ruled that President Adams's appointment of Marbury was an abuse of executive power and illegal.
C) The Court ruled that President Adams's appointment of Marbury could not stand because it occurred after the election of 1800, which Adams lost.
D) The Court ruled that only the president, and not the Supreme Court, had the power to issue the order.
E) The Supreme Court could not issue the order to someone holding federal office because it was not part of the Supreme Court's original jurisdiction outlined
In the Constitution.

Question 28

What is a writ of mandamus?

A) the ability to rule on the constitutionality of statutes
B) the original jurisdiction of courts
C) the right to keep people in prison indefinitely without notifying them of the charges
D) an order issued by the Supreme Court to initiate impeachment proceedings against a federal official
E) an order issued to a lower court, government official, or agency to perform acts required by law

Question 29

The individual or group that defends the decision of a lower court on appeal is called the:

A) plaintiff.
B) defendant.
C) petitioner.
D) respondent.
E) dissenter.

Question 30

The significance of the Court asserting its power to review the constitutionality of laws passed by Congress is that it:

A) gave the Court an unchecked power.
B) ensured the survival of dual federalism.
C) ensured that the rights of the majority would prevail.
D) allowed the Court to have the final say on all national laws and policies.
E) allowed the Court to become an equal partner in the institutional balance of power.

Question 31

Although judicial review is an accepted part of the U.S. political system, critics of judicial review contend that it:

A) provides too much power to the majority.
B) is undemocratic because it gives nine unelected judges enormous power.
C) is undemocratic because a minority of the Court can affect national policy.
D) creates liberal bias in the system because most justices are former lawyers from Ivy League universities.
E) creates a conservative bias in the system because most justices tend to favor the
Status quo.

Question 32

The practice of judicial review:

A) was first described in the U.S. Constitution.
B) is considered today to be essential to a functioning democratic government.
C) owes its early origins to Germany but is used only in the United States today.
D) eventually became common throughout most of Europe by the twentieth century.
E) has spread throughout so-called "third wave" democracies around the world.

Question 33

Why is standing an important criterion for the Supreme Court?

A) It can only be used if the mootness criterion is also used.
B) It allows the Supreme Court to duck hearing politically sensitive cases by ruling that the plaintiff does not have standing.
C) It prevents the Supreme Court from being biased in the way it rules on cases.
D) It supports the Rule of Four in helping Supreme Court justices decide which cases to hear.
E) It helps interest groups know whether or not they can submit an amicus curiae brief.

Question 34

When the Supreme Court interprets a law passed by Congress, it is engaged in:

A) constitutional review.
B) judicial review.
C) statutory interpretation.
D) constitutional interpretation.
E) congressional oversight.

Question 35

By embracing the concept of dual federalism throughout the nineteenth century, the Supreme Court:

A) demonstrated its willingness to use its power of judicial review to rule on the constitutionality of state laws.
B) showed that it was unwilling to use judicial review to overrule states.
C) failed to fulfill a key component of the Judiciary Act of 1789.
D) resisted demands from Congress and the president to interfere in state politics
More frequently.
E) extended the power of the federal government by embracing an activist role
For the Court.

Question 36

The individual or group that appeals the decision of a lower court is the:

A) plaintiff.
B) defendant.
C) petitioner.
D) respondent.
E) dissenter.

Question 37

In November 2013, Democrats sped up the confirmation process of federal judges (except for those to the Supreme Court) by doing what?

A) getting rid of senatorial courtesy
B) allowing the Speaker to nominate a candidate first
C) eliminating the filibuster for such positions
D) having the president pick from a nonpartisan-approved list
E) only nominating those with previous judicial experience

Question 38

What is precedent?

A) a rule passed by Congress that the courts must follow
B) a person's right to bring a case to the judicial system
C) a previously decided case that other courts use as a guide
D) the ability to review the constitutionality of laws
E) the original intent of the Founders

Question 39

Which of the following is a difference between criminal and civil cases?

A) Civil cases are reserved for minor criminal offenses.
B) The standard of proof is lower in civil cases.
C) In criminal cases, the standard of proof is a "preponderance of evidence" whereas in civil cases the standard of proof varies by state law.
D) Convictions in criminal court require a jury to weigh the majority of the evidence, whereas in civil cases the standard of proof is "beyond a reasonable doubt."
E) The federal courts will hear only criminal cases; federal courts cannot rule in civil cases.

Question 40

What is an example of a class action lawsuit?

A) any case decided by the U.S. Supreme Court that affects an entire class of people
B) Bush v. Gore, which ruled on the Florida recount process in the 2000 presidential election
C) Chisholm v. Georgia, which ruled that a citizen of one state could sue another state in federal court
D) Citizens United v. Federal Election Commission, which ruled that corporations were entitled to use treasury funds for independent spending in campaigns
E) the 1.5 million current and former female Walmart employees who recently sued Walmart for sex discrimination

Question 41

In which of the following is it possible for judges to face election?

A) constitutional courts
B) legislative courts
C) state courts
D) Supreme Court
E) All judges are appointed and therefore none face election.

Question 42

While the number of cases submitted to the Supreme Court has ________, the number of opinions the Court issues has ________.

A) stayed the same; increased
B) stayed the same; declined
C) increased; stayed the same
D) increased; declined
E) increased; also increased

Question 43

The Senate's confirmation hearings for Judge Robert Bork's appointment to the U.S. Supreme Court were notable because:

A) it was the first time ever that the Senate rejected a president's Supreme Court nominee.
B) it ushered in a new era of less contentious Supreme Court nominations.
C) the Senate aggressively attacked Bork's character and record in a public way.
D) Bork's hearing was the first one ever that was televised and open to the public.
E) Bork's failed confirmation mobilized conservatives and ultimately moved the Court back from the "liberal excesses" of the Warren Court.

Question 44

Before nominating someone for an open seat on a federal district court in Wisconsin, the president consults with the senator from Wisconsin who shares the president's party label. This is an example of what?

A) senatorial courtesy
B) precedent
C) standing
D) amicus curiae
E) judicial activism

Question 45

Franklin Roosevelt's court-packing plan was designed to:

A) modernize the federal court system.
B) force the Supreme Court to rule in favor of his New Deal legislation.
C) help the Supreme Court process more cases.
D) strengthen the court system to help crack down on the rise of organized crime
In the 1930s.
E) expand the federal court system to create more jobs during the Great Depression.

Question 46

How much detail does the Constitution provide about the requirements for federal judicial service compared to the requirements to serve as president or in Congress?

A) It provides more detail about federal judicial service.
B) It provides the same amount of detail about both.
C) It provides less detail about federal judicial service.
D) It provides no details for federal judicial service.
E) It provides more detail in all areas, except for age limitations.

Question 47

Cases heard by the Supreme Court under its appellate jurisdiction arrive there because:

A) they involve foreign ambassadors and nations.
B) the Court has been asked to issue a writ of certification and to clarify a case for a lower appeals court.
C) a litigant who lost in a lower appellate court has convinced the justices to hear the case.
D) Congress has identified the case as so important that the Supreme Court must hear it.
E) the solicitor general has determined it worthy of a hearing in the Supreme Court.

Question 48

When the Supreme Court resolves conflicts among lower courts in the interpretation of the law, the principal effect is to:

A) support the importance of judicial review as its main power.
B) ensure consistent application of the law across the United States.
C) put judicial activism into practice.
D) put the supremacy clause of the Constitution into practice.
E) elevate the prestige of the Supreme Court.

Question 49

Why are senior judges used in appellate cases?

A) Senior judges have the longest tenure on the appellate court, which helps ensure the trial is conducted properly.
B) It helps give the appellate court's ruling more credibility and stature.
C) to help reduce the appellate court system's overall workload
D) to mentor the other judges on the appellate court
E) because Article III of the Constitution requires it

Question 50

In what percentage of cases submitted to the Supreme Court does the Court grant a hearing and submit a decision?

A) 1 percent
B) 5 percent
C) 15 percent
D) 25 percent
E) 50 percent

Question 51

Why does a president typically use partisanship as a criterion in selecting nominees to the Supreme Court?

A) Moderate judges tend to be less decisive.
B) The norm of senatorial courtesy requires the president to do so.
C) The leaders in the president's party put tremendous pressure on the president to choose a loyal party member.
D) The president wants to choose a nominee with similar political views to advance the president's legacy.
E) Judges with experience in party politics are often the most knowledgeable and realistic about politics and policy.

Question 52

How are judges selected under the Missouri Plan?

A) They are nominated by the governor from a list approved by a nonpartisan committee.
B) through direct, nonpartisan election by the population
C) They are nominated by the governor and confirmed by the legislature.
D) through direct partisan election by the population
E) They are nominated by the legislature.

Question 53

The group of cases submitted to the Supreme Court for its consideration is called its:

A) appellate jurisdiction.
B) docket.
C) original jurisdiction.
D) in forma pauperis.
E) certiorari.

Question 54

The election of state judges can make courts more ________, but it potentially undercuts their role in ________.

A) responsive to special interests; looking after the public
B) responsive to public opinion; protecting minority rights
C) representative of different constituencies; standing up for the majority
D) political; being fair
E) democratic; being nonpartisan

Question 55

What is an advantage of using the Missouri Plan?

A) It protects and safeguards judicial independence.
B) It prevents fraud and corruption in judicial elections.
C) It ensures that the public has no voice in choosing their judges.
D) It mitigates the effects of partisanship in judicial selection and holds judges accountable to the people.
E) It ensures that the governor and the governor's party are held accountable by the public for their judicial appointments.

Question 56

The intermediate federal courts that hear appeals from district courts are known as:

A) appeals courts.
B) legislative courts.
C) supreme courts.
D) constitutional courts.
E) superior courts.

Question 57

Of the thousands of cases submitted to the U.S. Supreme Court each year, why does the Court-aside from obvious workload considerations-hear only a small minority of them?

A) Many of the submitted cases are frivolous.
B) to show proper respect to the rulings made in the lower courts
C) to show proper respect to the other branches of government, and to fend off charges that the Court takes an activist role in policy making
D) Article III of the U.S. Constitution limits the number of cases that the Supreme Court can consider each year.
E) The Court is too divided to agree on cases.

Question 58

Which of the following correctly orders courts from lowest to highest?

A) district courts, circuit courts, appeals courts
B) circuit courts, district courts, Supreme Court
C) district courts, special courts, circuit courts
D) district courts, appeals courts, Supreme Court
E) special courts, circuit courts, district courts

Question 59

The term "senatorial courtesy" refers to:

A) the Senate deferring to the president in making appointments to the Supreme Court.
B) the Senate focusing on merit criteria in the appointment process.
C) the president deferring to members of the president's party from each state in choosing nominees to district courts.
D) the president focusing on the political preferences of the Senate in selecting Supreme Court nominees.
E) the tradition of the president providing the names of all judicial nominees to the Senate majority leader first before announcing the nominations publicly.

Question 60

A special concurrence is one in which:

A) a justice agrees with the majority but has something more to add.
B) a justice disagrees with outcome of the case and the rationale.
C) a justice agrees with the rationale but not with the outcome.
D) a justice agrees with the outcome and the rationale.
E) a justice agrees with the outcome but not with the rationale.

Question 61

While a strict constructionist takes a(n) ________ view of the Constitution, a justice who believes in ________ focuses on the perspective of the Founders at the time that they wrote the Constitution.

A) living; precedent
B) living; literalism
C) literal; precedent
D) literal; original intent
E) originalist's; literalism

Question 62

What does the strategic model of Supreme Court decision making emphasize?

A) the political views of individual Supreme Court justices
B) how the justices account for the views of other justices when deciding how to act
C) the need for activist judges if the Court is to be an important political institution
D) the role of the Constitution and how it is interpreted
E) how the justices strategically interpret the Constitution to fit their political ideologies

Question 63

One of the surest signs that the Supreme Court is going to agree to hear a specific case is:

A) if it involves an appeal from the Sixth District.
B) if the chief justice has ruled on similar cases in the past.
C) if the solicitor general is a party to the case.
D) if a member of Congress is involved in the lawsuit.
E) if the case has already been heard by a state supreme court.

Question 64

Unlike the first hundred years of the Supreme Court's history, more recent Supreme Courts have displayed an increased tendency toward:

A) making unanimous decisions.
B) employing political justifications for overturning precedent.
C) expressing minority views through dissents.
D) ruling in favor of the side with public opinion behind it.
E) ignoring precedent completely.

Question 65

The person responsible for litigating on behalf of the federal government is the:

A) attorney general.
B) chief justice.
C) president.
D) solicitor general.
E) federal chief procurator.

Question 66

All of the following are common criticisms of strict constructionism EXCEPT:

A) the Constitution's silence on many important issues, such as the right to privacy.
B) strict constructionism stifles any meaningful debate about the Constitution.
C) the Founders could not have anticipated the changes in technology in the twentieth and twenty-first centuries.
D) the wording of the Constitution in some areas is vague and open-ended.
E) strict constructionism leaves the nation a "prisoner of its past."

Question 67

What is the purpose of submitting an amicus curiae brief?

A) Amicus curiae briefs are usually written by former judges, giving them considerable weight with the federal court system.
B) Amicus curiae briefs are written to show support for the lower court's ruling.
C) Amicus curiae briefs allow interest groups and other organizations to convey their opinions to the Court.
D) Amicus curiae briefs designate that the federal government has an interest in the outcome of the case.
E) Amicus curiae briefs are often written anonymously and then leaked to the press in an effort to influence public opinion.

Question 68

Which of the following is the most severe restriction on the Supreme Court's policy-making role?

A) The Court has only nine members.
B) The Court cannot set the judicial agenda and can only choose from cases
Appealed to it.
C) The president can change the size of the Court if the president disagrees with
Its decisions.
D) The Court is required to follow the dictates of precedent even when its justices disagree with those precedents.
E) To show respect for Congress, the Court is generally reluctant to overturn or alter federal law

Question 69

Which of the following would submit an amicus curiae brief?

A) defendant
B) prosecution
C) judge
D) interest group
E) plaintiff

Question 70

Which of the following is a case that would bypass the appeals courts and go directly to the Supreme Court?

A) a case involving illegal immigration
B) a case involving a foreign ambassador
C) a search and seizure case
D) a case involving a capital offense
E) all cases involving constitutional issues and questions

Question 71

Which of the following factors influence which justice will be assigned the task of writing a majority opinion?

A) the input of the solicitor general
B) the input of the attorney general
C) the input of both the solicitor general and the attorney general
D) the seniority of each justice, with new justices getting more and important cases
E) political factors, such as how others might respond to the opinion

Question 72

Which of the following are constitutional criteria for determining when the Supreme Court will hear a case?

A) Rule of Four
B) collusion, mootness, and standing
C) mandamus, certiorari, and stare decisis
D) standing and origination
E) jurisdiction and origination

Question 73

Most proponents of strict constructionism, including Justice Scalia, argue that if the text of the Constitution is ambiguous, then a judge should:

A) use the judge's best judgment to make a ruling that seems fair and just.
B) take into account evolving national attitudes and circumstances.
C) side with the defendant because of insufficient information.
D) figure out what the words generally meant to people at the time they were written.
E) consider what the Founders would be likely to say if they lived in today's world.

Question 74

A dissenting opinion is often written by a Supreme Court justice for the purpose of:

A) trying to block the majority's ruling.
B) showing that the Court is even-handed, fair, and balanced.
C) providing the basis for reversing a poorly reasoned case.
D) influencing other justices to change their mind.
E) building one's judicial credentials on the Court.

Question 75

Under what conditions is the chief justice more likely to set aside the chief justice's own policy views and assign an opinion to a justice with different ideological views?

A) when there is very little interest in the case from outside groups
B) when there is fragile support for a majority position favored by the chief justice
C) when the federal government is a party to the case
D) when Congress or the president is unlikely to enforce the Court's decision
E) when public opinion seems to demand it

Question 76

What does the attitudinal model of Supreme Court decision making emphasize?

A) the political views of conservative and liberal judges
B) the political views of Congress and the president
C) the political views of the public
D) the political views of political activists and special interests
E) the environment and community in which the judges were raised

Question 77

Which of the following lists accurately describes the order in which the Supreme Court acts?

A) writ of certiorari, submission of briefs, oral argument, conference
B) conference, oral argument, writ of certiorari, submission of briefs
C) submission of briefs, oral argument, conference, writing of opinion
D) submission of briefs, writ of certiorari, writing of opinion, conference
E) writ of certiorari, submission of briefs, conference, oral argument

Question 78

Rule 10 of the Rules of the Supreme Court of the United States says that a case is more likely to be heard under all of the following conditions EXCEPT:

A) when there is conflict between appeals court decisions.
B) when there is conflict between a federal appeals court and a state supreme court on a substantial federal question.
C) when a lower court decision has departed from the accepted and usual course of judicial proceedings.
D) when a lower court decision is inconsistent with or contrary to the original intent of the framers of the Constitution.
E) when a state supreme court or appeals court ruling conflicts with Supreme Court precedent.

Question 79

An opinion written by a Supreme Court justice who agrees with a case but does not agree with its legal logic is called a:

A) concurring opinion.
B) plurality opinion.
C) dissenting opinion.
D) per curiam opinion.
E) writ of mandamus.

Question 80

Any unsigned opinion submitted by the entire Supreme Court is called a:

A) concurring opinion.
B) plurality opinion.
C) majority opinion.
D) per curiam opinion.
E) writ of mandamus.