Deck 14: The Judiciary

Question 1

A precedent is

A)the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court.
B)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
C)a court with appellate jurisdiction that hears appeals from the decisions of lower courts.
D)a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Answer 1

D

Question 2

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented, is known as

A)the writ of habeas corpus.
B)stare decisis.
C)an amicus curiae brief.
D)in forma pauperis.
E)a writ of certiorari.

Answer 2

B

Question 3

Decisions of the Circuit Court of Appeals are frequently appealed to the Supreme Court.

Answer 3

False

Question 4

The custom of senatorial courtesy is NOT observed in the selection of Supreme Court justices.

Question 5

What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution?

A)Judicial activism
B)Judicial oversight
C)Judicial courtesy
D)Judicial restraint
E)Judicial compromise

Question 6

Your text defines a justiciable dispute as

A)the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter.
B)the power of a court to refuse to enforce a law.
C)the authority of a court to review decisions made by lower courts.
D)a dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
E)the authority of a court to hear a case "in the first instance."

Question 7

A writ of certiorari is

A)the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
B)literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
C)a petition that allows a party to file "as a pauper" and avoid paying Court fees.
D)a formal writ used to bring a case before the Supreme Court.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 8

A law that defines crimes against the public order is called a criminal law.

Question 9

A law that governs relationships between individuals and defines their legal rights is called

A)criminal law.
B)civil law.
C)defendant.
D)plaintiff.
E)plea bargain.

Question 10

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case, is a(n)

A)writ of habeas corpus.
B)stare decisis.
C)amicus curiae brief.
D)in forma pauperis.
E)writ of certiorari.

Question 11

The authority of a court to review decisions made by lower courts is called

A)an adversary system.
B)judicial review.
C)an appellate jurisdiction.
D)a justiciable dispute.
E)an original jurisdiction.

Question 12

In the adversarial system of justice, judges are expected to be active participants.

Question 13

A court order requiring explanation to a judge why a prisoner is being held in custody is called

A)a writ of habeas corpus
B)stare decisis
C)an amicus curiae brief
D)in forma pauperis
E)a writ of certiorari.

Question 14

A law that defines crimes against the public order is called a

A)criminal law.
B)civil law.
C)law of defense.
D)plaintiff's law.
E)plea bargain.

Question 15

The list of potential cases that reach the Supreme Court is known as a(n)

A)concurring opinion.
B)opinion of the Court.
C)dissenting opinion.
D)docket.
E)senatorial courtesy.

Question 16

An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense is called

A)criminal law.
B)civil law.
C)defendant.
D)plaintiff.
E)plea bargain.

Question 17

A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution is called

A)judicial activism.
B)a priori resistance.
C)judicial restraint.
D)striking activism.
E)violable activism.

Question 18

A court with appellate jurisdiction that hears appeals from the decisions of lower courts is called a court of appeals.

Question 19

Your text defines an adversary system as

A)the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter.
B)the power of a court to refuse to enforce a law.
C)the authority of a court to review decisions made by lower courts.
D)a dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
E)the authority of a court to hear a case "in the first instance."

Question 20

Senatorial courtesy refers to the

A)scheduling of the Senate vote on nominees.
B)deference senators show toward the president's Supreme Court nominee.
C)consultation of senators on the nomination of federal judges in their states.
D)treatment of nominees during Senate confirmation hearings.
E)None of the above

Question 21

Whether or not a court's decision will be obeyed is an issue of compliance.

Question 22

The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court is called

A)the solicitor general.
B)the public defender system.
C)a court of appeals.
D)a precedent.
E)a writ of habeas corpus.

Question 23

An opinion disagreeing with the majority in a Supreme Court ruling is called an opinion of the court.

Question 24

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter is called

A)an adversary system.
B)judicial review.
C)an appellate jurisdiction.
D)a justiciable dispute.
E)an original jurisdiction.

Question 25

A defendant is

A)a law that defines a crime against the public order.
B)a law that governs relationships between individuals and defines their legal rights.
C)in a criminal action, the person or party accused of an offense.
D)the party instigating a civil lawsuit.
E)an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 26

Defendants who cannot afford their own attorneys in criminal trials may be represented by

A)a private attorney appointed by the court.
B)a public defender.
C)a solicitor general.
D)Either A or B
E)None of the above

Question 27

A plea bargain is

A)a law that defines a crime against the public order.
B)a law that governs relationships between individuals and defines their legal rights.
C)in a criminal action, the person or party accused of an offense.
D)the party initiating a civil lawsuit.
E)an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 28

The party initiating a civil lawsuit is called

A)criminal law.
B)civil law.
C)the defendant.
D)the plaintiff.
E)a plea bargain.

Question 29

Amicus curiae brief literally means "friend of the court" brief.

Question 30

A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution is called judicial activism.

Question 31

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented, is called stare decisis.

Question 32

Your text defines judicial review as

A)the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter.
B)the power of a court to refuse to enforce a law.
C)the authority of a court to review decisions made by lower courts.
D)a dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
E)the authority of a court to hear a case "in the first instance."

Question 33

In the adversarial system of justice, judges are expected to be

A)impartial arbiters.
B)passive litigants.
C)advocates.
D)active participants.
E)constitutional constructivists.

Question 34

The public defender system is

A)the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court.
B)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
C)a court with appellate jurisdiction that hears appeals from the decisions of lower courts.
D)a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 35

The solicitor general is

A)the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court.
B)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
C)a court with appellate jurisdiction that hears appeals from the decisions of lower courts.
D)a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 36

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is

A)an adversary system.
B)judicial review.
C)an appellate jurisdiction.
D)a justiciable dispute.
E)an original jurisdiction.

Question 37

An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys is known as

A)the solicitor general.
B)the public defender system.
C)a court of appeals.
D)a precedent.
E)a writ of habeas corpus.

Question 38

What is known as the power of a court to refuse to enforce a law that in the opinion of the judges conflicts with the U.S.Constitution?

A)Judicial review
B)Oversight
C)Adversarial power
D)Judicial refusal
E)Judicial restraint

Question 39

A plaintiff is

A)a law that defines a crime against the public order.
B)a law that governs relationships between individuals and defines their legal rights.
C)in a criminal action, the person or party accused of an offense.
D)the party initiating a civil lawsuit.
E)An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 40

A criminal law is

A)a law that defines a crime against the public order.
B)a law that governs relationships between individuals and defines their legal rights.
C)in a criminal action, the person or party accused of an offense.
D)the party instigating a civil lawsuit.
E)an agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 41

There are five characteristics that distinguish the federal judiciary from Congress, the presidency, and the administrative system.Please indicate which of the following is NOT a characteristic of the federal judiciary.

A)The federal judiciary is an adversary system.
B)The federal judiciary is passive and reactive.
C)Every person who stands before the court must have standing to sue.
D)The federal judiciary decides whether a person will be prosecuted for a crime.
E)All of the above are characteristics of the federal judiciary

Question 42

Decisions of the circuit court of appeals are

A)frequently overturned by the Supreme Court.
B)seldom appealed to the Supreme Court.
C)never overturned by the Supreme Court.
D)not subject to the jurisdiction of the Supreme Court.
E)indistinguishable from those of the Supreme Court.

Question 43

Your text defines an original jurisdiction as

A)the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter.
B)the power of a court to refuse to enforce a law.
C)the authority of a court to review decisions made by lower courts.
D)a dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
E)the authority of a court to hear a case "in the first instance."

Question 44

The Supreme Court has ______________ in cases involving ambassadors and diplomats.

A)original jurisdiction
B)no jurisdiction
C)last jurisdiction
D)tribunal jurisdiction
E)None of the above

Question 45

Your text defines an appellate jurisdiction as

A)the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter.
B)the power of a court to refuse to enforce a law.
C)the authority of a court to review decisions made by lower courts.
D)a dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
E)the authority of a court to hear a case "in the first instance."

Question 46

How many circuit courts of appeal are there in the United States?

A)11
B)12
C)13
D)94
E)114

Question 47

Judicial review is

A)the power to invalidate laws of Congress that conflict with the Constitution.
B)not specifically mentioned in the U.S.Constitution.
C)derived by Chief Justice Marshall from the supremacy clause.
D)All of the above
E)All of the above, except A

Question 48

A writ of habeas corpus is

A)the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court.
B)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
C)a court with appellate jurisdiction that hears appeals from the decisions of lower courts.
D)a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 49

The three levels of the federal court system are

A)district courts, circuit courts of appeal, and the Supreme Court.
B)district courts, state supreme courts, the U.S.Supreme Court.
C)50 district courts, 95 circuit courts of appeal, 2 Supreme Courts.
D)95 district courts, 50 circuit courts of appeal, 2 Supreme Courts.
E)county courts, state courts, federal courts including the Supreme Court.

Question 50

A decision made by a higher court, such as a circuit court of appeals or the Supreme Court, that is binding on all other federal courts is called

A)the solicitor general.
B)the public defender system.
C)a court of appeals.
D)a precedent.
E)a writ of habeas corpus.

Question 51

How many district courts are there in the United States?

A)11
B)12
C)13
D)94
E)114

Question 52

A court of appeals is

A)the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court.
B)an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
C)a court with appellate jurisdiction that hears appeals from the decisions of lower courts.
D)a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 53

In a criminal action, the person or party accused of an offense is called a

A)criminal.
B)civilian.
C)defendant.
D)plaintiff.
E)plea bargainer.

Question 54

A court with appellate jurisdiction that hears appeals from the decisions of lower courts is called

A)the solicitor general.
B)the public defender system.
C)a court of appeals.
D)a precedent.
E)a writ of habeas corpus.

Question 55

Who is the third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S Supreme Court?

A)Attorney General
B)Commissioner
C)Solicitor General
D)Public Defender
E)Surveyor General

Question 56

A civil law is

A)a law that defines a crime against the public order.
B)a law that governs relationships between individuals and defines their legal rights.
C)the offense of which a person is accused.
D)a law that is not justiciable in court.
E)a law that states that a prosecutor and a defendant may come to an agreement that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 57

The Supreme Court's most important function with regard to the lower courts is

A)correcting technical mistakes they make.
B)establishing legal precedents.
C)settling jurisdictional disputes.
D)reviewing trial court decisions.
E)aiding in the impeachment process.

Question 58

A court order requiring explanation to a judge why a prisoner is being held in custody is referred to as

A)a solicitor.
B)a defender.
C)an appeal.
D)a precedent.
E)a writ of habeas corpus.

Question 59

Federal courts of appeal normally have

A)original jurisdiction.
B)a three-judge jury.
C)grand juries.
D)judges with ten-year terms.
E)a twelve-person jury.

Question 60

An adversary system of justice is one in which

A)the police bring charges.
B)judges are political appointees.
C)the court is a neutral referee.
D)justice is based on majority vote.
E)None of the above

Question 61

Who was NOT confirmed by the Senate as a Supreme Court justice?

A)Robert Bork
B)David Souter
C)Clarence Thomas
D)Stephen Breyer
E)John Roberts

Question 62

Which of the following statements about partisanship and judicial appointments is NOT correct?

A)Partisanship was cited more often as a reason the Senate rejected court nominees in the last century than it is this century.
B)Presidents most often ignore partisanship in their consideration of judicial nominees.
C)Both Democratic and Republican presidents have made partisan judicial selections.
D)The partisanship of judges influences their decisions.
E)All of the above are correct statements

Question 63

The custom of senatorial courtesy is NOT observed in the selection of

A)Supreme Court justices.
B)Circuit Court of Appeals justices.
C)district justices.
D)Senior Circuit Court of Appeals justices.
E)the chief justice of the Supreme Court.

Question 64

Key people or organizations in the selection of judges include

A)the president.
B)interest groups.
C)party leaders in Congress.
D)the Justice Department.
E)All of the above

Question 65

Federal district courts are NOT

A)courts of last resort.
B)the only federal courts to regularly use juries.
C)the courts that most often render the final decision for federal cases.
D)courts of original jurisdiction.
E)Federal district courts are all of the above

Question 66

The third step to a Supreme Court judgment is

A)reviewing appeals.
B)granting the appeal.
C)briefing the case.
D)holding oral argument.
E)meeting in conference.

Question 67

A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution is known as

A)judicial activism.
B)a priori resistance.
C)judicial restraint.
D)striking activism.
E)violable activism.

Question 68

The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work is referred to as a(n)

A)concurring statement.
B)amicus curiae
C)dissenting opinion.
D)docket.
E)senatorial courtesy.

Question 69

A petition that allows a party to file "as a pauper" and avoid paying court fees is a(n)

A)writ of habeas corpus.
B)stare decisis.
C)amicus curiae brief.
D)in forma pauperis.
E)writ of certiorari.

Question 70

The authority of a court to hear a case "in the first instance" is called

A)an adversary system.
B)judicial review.
C)an appellate jurisdiction.
D)a justiciable dispute.
E)an original jurisdiction.

Question 71

A formal writ used to bring a case before the Supreme Court is called

A)a writ of habeas corpus.
B)stare decisis.
C)an amicus curiae brief.
D)in forma pauperis.
E)a writ of certiorari.

Question 72

There are _______ steps to a Supreme Court judgment.

A)3
B)4
C)7
D)8
E)12

Question 73

The term docket refers to

A)an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
B)an opinion disagreeing with the majority in a Supreme Court ruling.
C)the list of potential cases that reach the Supreme Court.
D)the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
E)an explanation of a decision of the Supreme Court or any other appellate court.

Question 74

The second step to a Supreme Court judgment is

A)reviewing appeals.
B)granting the appeal.
C)briefing the case.
D)holding oral argument.
E)meeting in conference.

Question 75

The fourth step to a Supreme Court judgment is

A)reviewing appeals.
B)granting the appeal.
C)briefing the case.
D)holding oral argument.
E)meeting in conference.

Question 76

Judicial activism proposes that the Supreme Court should

A)disregard judicial precedent.
B)protect people from governmental interference in their private lives.
C)interpret the law to achieve social justice.
D)All of the above, except A
E)All of the above, except B

Question 77

The use of judicial activism

A)is confined to liberal judges.
B)is confined to conservative judges.
C)occurs among liberal and conservative judges.
D)is looked down upon by all judges.
E)None of the above

Question 78

An amicus curiae brief is

A)the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
B)literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
C)a petition that allows a party to file "as a pauper" and avoid paying Court fees.
D)a formal writ used to bring a case before the Supreme Court.
E)a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 79

All judicial nominations are referred to the ____________ for a hearing and committee vote.

A)Office of Personnel Management
B)Senate Judiciary Committee
C)House Judiciary Committee
D)Senate Nominations Committee
E)House Nominations Committee

Question 80

Major changes in the position of the Supreme Court are usually due to

A)turnover in the membership of the Court.
B)public opinion.
C)a need to immediately address a new event or development.
D)threats from Congress.
E)threats from the president.