Question 1

Which court is the final level of appeal for the state court system?

Accepted Answer

A)  the U.S. Supreme Court 
B)  the trial courts 
C)  state supreme courts 
D)  appellate courts

Question 2

What is the function of a writ of certiorari? Be sure to include a brief definition, who is responsible for filing it, what is required for a writ of certiorari to be granted, and factors that increase the likelihood of a writ of certiorari being granted.

Accepted Answer

The answer of What is the function of a writ...

Question 3

What impact did the appointments of Sandra Day O'Connor, Thurgood Marshall, and Sonia Sotomayor have on the Supreme Court?

Accepted Answer

A)  They made the Supreme Court more liberal. 
B)  They increased the diversity of the Court. 
C)  They improved the competency of the Court. 
D)  They increased the size of the Supreme Court.

Question 4

Why did Alexander Hamilton believe that the judicial branch would be the least dangerous of the branches?

Accepted Answer

A)  The Constitution did not give the judicial branch any power. 
B)  The judicial branch did not have the ability to tax, spend, or control the military. 
C)  The Supreme Court would rarely be used to make decisions. 
D)  The Constitution placed explicit and strict limitations on the judicial branch.

Question 5

A group of students at a public university have decided to bring a lawsuit against their university's rules prohibiting certain language that may be deemed offensive and harmful to other students from marginalized groups. These students maintain that the rules clearly violate the First Amendment, since rude and offensive speech is not only protected by the First Amendment, but is also completely subjective. Where will the case likely originate?

Accepted Answer

A)  a low-level state trial court 
B)  a state-level appellate court 
C)  the U.S. Supreme Court 
D)  a federal court

Question 6

Gregory is the Chief Justice of the Supreme Court. A strict constructionist, Gregory believes that his fellow justices have overstepped their bounds on a recent case, issuing a decision that dangerously expands the power of the federal government at the expense of the states. What can he do to record his opposition?

Accepted Answer

A)  appeal the case to Congress 
B)  write a concurring opinion 
C)  file an amicus curiae brief 
D)  write a dissenting opinion

Question 7

Who enforces decisions made by the judicial branch?

Accepted Answer

A)  special prosecutors 
B)  Supreme Court justices 
C)  the executive and legislative branches 
D)  the solicitor general

Question 8

In which way does the judicial branch differ from the legislative branch?

Accepted Answer

A)  The legislative branch cannot file a lawsuit, while the judicial branch can. 
B)  The legislative branch can interpret the Constitution, which the judicial branch cannot. 
C)  The legislative branch can initiate bills, whereas the judicial branch cannot initiate lawsuits. 
D)  The legislative branch is unelected, whereas the judicial branch is elected.

Question 9

Briefly describe the difference between criminal law and civil law. Provide at least one example of each.

Accepted Answer

The answer of Briefly describe the difference between criminal law...

Question 10

What role does the U.S. Supreme Court have in the state court system?

Accepted Answer

A)  The U.S. Supreme Court is independent of and totally removed from the state court system. 
B)  The state courts must comply with the decisions made by the U.S. Supreme Court. 
C)  The U.S. Supreme Court must incorporate the pronouncements of the state courts regarding a case. 
D)  State courts receive harsh penalties if they disobey decisions made by the U.S. Supreme Court.

Question 11

Which nation's legal system uses a combination of civil law and common law?

Accepted Answer

A)  France 
B)  the United States 
C)  Italy 
D)  Great Britain

Question 12

Supreme Court Justice Sonia Sotomayor became the first Latina woman to serve on the Supreme Court in 2009 and has a background that is unlike any other Supreme Court justice. There is no doubt that Sotomayor's life experiences have influenced her decisions while on the Court, which is an example of how ______ play(s) a role in judicial decision-making.

Accepted Answer

A)  ideological attitudes 
B)  respect for precedent 
C)  political ideology 
D)  personal traits and characteristics

Question 13

Suppose a criminal case has been heard at a state trial court and the defendant has been found guilty. The defendant and his legal team believe he has been wrongfully convicted and decide to appeal the case. Which court will the defendant and his legal team appeal the case to?

Accepted Answer

A)  a trial court 
B)  the U.S. Supreme Court 
C)  an intermediate appellate court 
D)  a claims court

Question 14

Which is one of the primary functions of Article III of the Constitution?

Accepted Answer

A)  to grant the Supreme Court the power of judicial review 
B)  to limit cases the courts hear to only legitimate cases 
C)  to set the number of justices on the Supreme Court to nine 
D)  to keep the powers of the judicial branch in check

Question 15

Andrea has just graduated from college and believes that she was forced to go to a school of lesser quality due to her desired school's affirmative action program. Andrea has therefore filed a lawsuit against the university on the grounds that its affirmative action program admitted several minority students instead of her, even though her SAT scores, grades, and extracurriculars outweighed those of the other students. What is likely to result from this case?

Accepted Answer

A)  Andrea's case is important and will likely go to the Supreme Court. 
B)  Since the issue is now moot, it is likely the court will refuse to decide this case. 
C)  Andrea is entitled to compensation, so the court will hear the case. 
D)  The case will likely be thrown out as an illegitimate issue.

Question 16

Suppose Congress has just passed a new law that would impose additional requirements and restrictions on social welfare benefits to reduce spending on those programs. These new regulations are an example of which type of law being made?

Accepted Answer

A)  common law 
B)  criminal law 
C)  civil law 
D)  private law

Question 17

When a grand jury decides that a case should go to trial, what does it issue?

Accepted Answer

A)  a writ of certiorari 
B)  an affidavit 
C)  a bill of indictment 
D)  a verdict

Question 18

Compare and contrast civil law and common law. Which legal system does the United States use?

Accepted Answer

The answer of Compare and contrast civil law and common...

Question 19

Consider the factors mentioned in the text that contribute to how a judge or justice makes decisions. Which factors, if any, should be kept out of the judicial decision-making process? Why?

Accepted Answer

The answer of Consider the factors mentioned in the text...

Question 20

What is the main purpose of the briefs filed by both parties for a case that will be heard by the Supreme Court?

Accepted Answer

A)  to explain why the case is being appealed to a higher court 
B)  to argue why constitutional or federal statutory law favors their position 
C)  to gain the support of interest groups who can influence the Court's decision 
D)  to release the details of the case in simpler terms to the public

Exam 9: The Judiciary