Question 1

A writ of certiorari is

Accepted Answer

A)  a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear.
B)  the statement explaining the reasoning behind a Supreme Court decision.
C)  the official transcript of Supreme Court proceedings.
D)  a statement from a group not directly involved in a Supreme Court case,indicating the group's opinion on the legal issue at hand.
E)  an application for a waiver of court fees due to indigence. A

Question 2

Distinguish between the facts of a case and the relevant laws of a case.Discuss the three main sources of laws.

Accepted Answer

The legal constraints on a court when hearing a case fall into two categories-the facts and the laws.The facts are the relevant circumstances of the particular case.The laws are the rules that apply in such instances.The laws can come from three sources.The first is the Constitution.The courts respect the purpose and intent of the Constitution and strive for reasonable interpretations of its provisions.The second is legislative statutes: the federal courts are constrained by statutes and by administrative regulations derived from the provisions of statutes.Most federal cases the courts adjudicate arise under statutory law (enacted by Congress)and administrative regulations (developed by the bureaucracy from statutory provisions).The third is interpretation of precedent.Precedent is the English common-law tradition that a court's decision on a case should be consistent with previous rulings.

Question 3

The "federal court myth" overlooks the fact that

Accepted Answer

A)  most cases arise under state law,not federal law.
B)  nearly all cases that originate in state courts are never reviewed by federal courts.
C)  federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
D)  most cases arise under state law,not federal law; nearly all cases that originate in state courts are never reviewed by federal courts; and federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
E)  None of these answers is correct. D

Question 4

The term stare decisis refers to

Accepted Answer

A)  adherence to precedent.
B)  judicial activism.
C)  judicial restraint.
D)  judicial review.
E)  excessive partisanship.

Question 5

________ was the first black justice to serve on the U.S.Supreme Court.

Accepted Answer

A)  Clarence Thomas
B)  Antonin Scalia
C)  Robert Bork
D)  Thurgood Marshall
E)  Laurence Tribe

Question 6

The judiciary's status as an independent branch of national government depends on judicial review,which grants the judiciary the authority to

Accepted Answer

A)  make political decisions; judges can overturn any congressional or presidential decision they personally dislike.
B)  decide which laws apply to a particular case.
C)  ignore public opinion when making decisions.
D)  invalidate the actions of other institutions when judges believe they have acted unconstitutionally.
E)  strike down certain sections of the Constitution.

Question 7

Precedent,while not an absolute constraint on the courts,is needed to

Accepted Answer

A)  preserve the courts as a counter majoritarian institution.
B)  maintain legal consistency over time,so confusion and uncertainty about the law can be avoided.
C)  check the president in the area of public law.
D)  balance the policy making authority of Congress.
E)  check the president in the area of foreign policy.

Question 8

The merit plan applies to ________ in the ________ court system.

Accepted Answer

A)  selection of judges; federal
B)  selection of judges; state
C)  jurisdiction; federal
D)  jurisdiction; state
E)  None of these answers is correct.

Question 9

The power of the Supreme Court is most apparent in its ability to

Accepted Answer

A)  issue advisory opinions when Congress is considering a new bill.
B)  impeach federal judges who consistently ignore its rulings.
C)  declare another institution's action to be unconstitutional.
D)  override any decision of a state court.
E)  issue advisory opinions to the president on a regular basis.

Question 10

What role does partisanship play in federal court appointments?

Accepted Answer

The answer of What role does partisanship play in federal...

Question 11

Which of the following Supreme Court justices was appointed by President Dwight Eisenhower?

Accepted Answer

A)  Sandra Day O'Connor
B)  John Stevens
C)  Earl Warren
D)  Louis Brandeis
E)  David Souter

Question 12

The Supreme Court decision in Marbury v.Madison is significant

Accepted Answer

A)  as the first instance of the court ruling on a state matter.
B)  as the first use of judicial activism.
C)  for the establishment of judicial review.
D)  as the first instance of the Court ruling on a disagreement between states.
E)  as the Court's first non-majority opinion.

Question 13

When asked if he had made any mistakes as president,________ replied,"Yes,two,and they are both sitting on the Supreme Court".

Accepted Answer

A)  Ronald Reagan
B)  Jimmy Carter
C)  Richard Nixon
D)  Lyndon Johnson
E)  Dwight Eisenhower

Question 14

Senatorial courtesy refers to the tradition whereby

Accepted Answer

A)  nominees for federal judgeships are treated with respect during Senate confirmation hearings,even by senators who plan to vote against the nominee.
B)  senators usually defer to the president's choice of Supreme Court nominees.
C)  senators are consulted on the nomination of lower-court federal judgeships in their state.
D)  nominations for the federal courts,once committee hearings are concluded,are scheduled for a vote ahead of other Senate business.
E)  House members always defer to the Senate on matters dealing with the judiciary.

Question 15

Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial

Accepted Answer

A)  activism.
B)  liberalism.
C)  restraint.
D)  conservatism.
E)  relativism.

Question 16

The United States has two court systems,state and federal.The federal system

Accepted Answer

A)  has discretionary jurisdiction over all cases arising in the state system.
B)  is the only one with appellate courts.
C)  is the only one based on the constitutional doctrine of the separation of powers.
D)  is the only one that has judges who are appointed to office.
E)  None of these answers is correct.

Question 17

Fewer than ________ percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.

Accepted Answer

A)  1
B)  10
C)  25
D)  33
E)  50

Question 18

Describe the relationship between the federal and the state court systems.

Accepted Answer

The answer of Describe the relationship between the federal and...

Question 19

Why was the Supreme Court ruling in Faragher v.City of Boca Raton,which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964,demonstrative of the ambiguities of the law?

Accepted Answer

A)  The case arrived at the Supreme Court without the Court requesting a writ of certiorari.
B)  The case involved administrative law,but the Court used statutory law as a basis for its decision.
C)  It involved the votes of justices that had opposed the Civil Rights Act,but who used the Civil Rights Act in the justification for their ruling.
D)  The minority dissenting opinion refused to use the Civil Rights Act as a justification.
E)  The case dealt with sexual harassment in the workplace,which is not mentioned in the Civil Rights Act.

Question 20

The laws applicable to a case

Accepted Answer

A)  reveal the relevant circumstances of the case,and are determined solely by trial courts.
B)  are more important than the facts of a case,and supersede the facts when the two conflict.
C)  constrain the judiciary,because court decisions must be based on applicable laws.
D)  apply only in the area of criminal cases and not in the area of civil disputes.
E)  None of these answers is correct.

Exam 14: The Federal Judicial System: Applying the Law