Deck 8: The Federal Courts

Question 1

If a defendant is convicted of robbery in a trial court,he or she may choose to refile the case in a higher court,such as

A)the same court where it was previously heard.
B)a different trial court.
C)a secondary court.
D)a tertiary court.
E)a court of appeals.

Answer 1

E

Question 2

Ninety-nine percent of all court cases in the United States are heard in which of the following venues?

A)Supreme Court
B)state and local courts
C)federal district courts
D)federal appellate courts
E)military tribunals

Answer 2

B

Question 3

Under which condition would a criminal case enter the realm of public law?

A)The plaintiff appeals to a higher court.
B)The plaintiff waives the right to a jury trial.
C)The defendant is found not to have standing.
D)The defendant claims that constitutional rights were violated.
E)The losing party in federal court appeals to a state court.

Answer 3

D

Question 4

In a medical malpractice case,an individual alleges that he or she has been injured by another's negligence or malfeasance.Medical malpractice cases such as this involve which kind of law?

A)tort
B)contract
C)criminal law
D)public law
E)natural law

Question 5

In a court case,the party that brings charges is called the

A)litigant.
B)suspect.
C)plaintiff.
D)defendant.
E)accused.

Question 6

The court that initially hears a criminal or civil case is the __________ court.

A)trial
B)circuit
C)original
D)appellate
E)justice

Question 7

Smith Manufacturing Corporation charges that Jones Distributors failed to honor an agreement to deliver raw materials at a specified time,causing Smith to lose business.Smith asks the court to order Jones for compensation for damage that was allegedly suffered.This is an example of a typical __________ case.

A)public law
B)natural law
C)criminal
D)contract
E)tort

Question 8

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake may be heard in either the federal or the state courts,usually depending on the preference of the

A)judge.
B)plaintiff.
C)defendant.
D)prosecuting attorney.
E)grand jury.

Question 9

A dispute over the jurisdiction of the Department of Agriculture has been filed in the federal courts.What is the case classified as?

A)regulatory law
B)administrative law
C)judicial oversight
D)agency mediation
E)agency resolution

Question 10

In the United States,the basis for the authority of judges is

A)Congress.
B)common law.
C)their electoral base.
D)the Constitution and laws.
E)the Judicial Conference of the United States.

Question 11

The two most common types of civil cases involve

A)contracts and torts.
B)robbery and murder.
C)traffic offenses and mail fraud.
D)tax evasion and illegal drugs.
E)illegal drugs and petty thievery.

Question 12

Cases in which the government (as plaintiff) charges an individual with violating a statute that has been enacted to protect the public health,safety,morals,or welfare are classified as __________ law.

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

Question 13

In civil cases,most litigation is brought in the

A)federal district courts.
B)federal circuit courts.
C)U.S.Supreme Court.
D)courts established by the state in which the activity in question took place.
E)judicial venue most likely to produce an unbiased jury for the issue in question.

Question 14

Cases involving disputes among individuals (or between individuals and the government) in which the losers may be required to pay monetary damages for their actions but are not fined or sent to prison are classified as __________ law.

A)civil
B)public
C)criminal
D)international
E)natural

Question 15

If John Smith were pulled over for speeding and he appealed his ticket in court,the plaintiff would be the

A)arresting officer.
B)judge.
C)government.
D)local sheriff.
E)district attorney.

Question 16

Most criminal cases arise in which of the following?

A)Supreme Court
B)state and municipal courts
C)federal district courts
D)federal appellate courts
E)arbitration outside the court system

Question 17

Which of the following examples describes the arena of public law that involves disputes over the jurisdiction,procedures,or authority of government agencies?

A)regulatory law
B)administrative law
C)judicial oversight
D)agency mediation
E)agency resolution

Question 18

For the most part,Congress has assigned federal court jurisdictions on the basis of

A)function.
B)ideology.
C)geography.
D)level of government.
E)type of law involved in the case.

Question 19

An individual accused of a traffic violation,such as speeding,would be accused of violating a __________ law.

A)civil
B)criminal
C)private
D)natural
E)public

Question 20

Which of the following examples is a major form of public law?

A)tort law
B)contract law
C)stare decisis
D)criminal law
E)constitutional law

Question 21

Which of the following is true regarding Article I courts and Article III courts?

A)Article I court judges serve life terms,whereas Article III court judges serve terms of 10 to 15 years.
B)Neither Article I nor Article III court judges can have their salaries reduced during their terms.
C)Article I courts are less independent than Article III courts.
D)Article I court judges are not required to have law degrees,whereas Article III court judges are.
E)Article I courts can hear international cases,whereas Article III courts may not.

Question 22

Which constitutional article gives the Supreme Court original jurisdiction in cases involving foreign ambassadors and issues in which a state is a party?

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

Question 23

Because the Supreme Court has so much influence over American law and politics,presidents often make decisions about Supreme Court appointments on the basis of the nominee's

A)personality and temperament.
B)personal connections to the president.
C)political ideology and philosophy,among other political factors.
D)intellect and quality of law school training.
E)number of law review publications written.

Question 24

A court order to the authorities to release a prisoner deemed to be held in violation of his or her rights is known as a(n)

A)writ of mandamus.
B)writ of habeas corpus.
C)writ of te libero.
D)in propria persona decree.
E)non compos mentis decree.

Question 25

Individual senators who share the president's party identification can effectively exercise veto power over appointments to the federal bench in their own states through an informal but seldom violated practice called

A)judicial abatement.
B)legislative blackball.
C)advice and consent.
D)senatorial privilege.
E)senatorial courtesy.

Question 26

Which court exercises appellate jurisdiction over cases heard by the federal district courts in a state?

A)the federal circuit court covering that state
B)the Supreme Court
C)the state supreme courts
D)the U.S.Court of Federal Claims
E)the International Criminal Courts

Question 27

Which court hears appeals involving patent law and those appeals arising from the decisions of the trade and claims court?

A)Commercial Tribunal
B)Court of Trade Appeals
C)Court of Federal Claims
D)Court of Appeals for the Federal Circuit
E)Court of International Trade

Question 28

Federal judges are nominated by the

A)president.
B)Supreme Court.
C)American Bar Association.
D)Senate Judiciary Committee.
E)chief justice.

Question 29

Which constitutional article gives the Supreme Court appellate jurisdiction in all federal cases?

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

Question 30

The Supreme Court's reaction to President Franklin Roosevelt's plan to "pack" the Court by increasing the number of justices has been nicknamed in history as

A)"the whole nine yards."
B)"the cat with nine lives."
C)"the switch in time that saved nine."
D)"Court stuffing."
E)"Court bashing."

Question 31

The justice on the Supreme Court who presides over the Court's public sessions is the __________ justice.

A)supreme
B)honorable
C)chief
D)senior
E)high

Question 32

The specific number of justices who sit on the United States Supreme Court is determined by

A)the U.S.attorney general.
B)Congress.
C)the president.
D)the Supreme Court.
E)the chief justice of the Supreme Court.

Question 33

Under what circumstances is the U.S.Supreme Court able to claim jurisdiction over cases originally heard in state courts?

A)The losing litigant in state courts was unhappy with the outcome of the case and wants to appeal to the U.S.Supreme Court.
B)The losing litigant raises a federal issue,often one in which they have been deprived of due-process rights in the U.S.Constitution.
C)The winning litigant and losing litigant agree that they would like the input of the Supreme Court instead of the state courts.
D)The winning litigant and losing litigant want the U.S.Supreme Court to make the outcome of the case precedent for the entire country.
E)The solicitor general is willing to write an amicus brief for the appellant.

Question 34

Which constitutional article grants the Supreme Court "the judicial Power of the United States"?

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

Question 35

Once the president has formally nominated an individual for the courts,the nominee must be considered by the

A)American Bar Association.
B)Senate Judiciary Committee.
C)House Judiciary Committee.
D)House and Senate Judiciary Committees.
E)American Civil Liberties Union.

Question 36

Which term best describes the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional?

A)judicial review
B)judicial activism
C)judicial restraint
D)judicial legislation
E)judicial rule making

Question 37

Except for a handful of cases selected for review by the U.S.Supreme Court,the final federal courts to which a case can be appealed are the

A)U.S.District Courts.
B)U.S.Circuit Courts of Appeals.
C)U.S.Military Tribunals.
D)U.S.Court of Criminal Appeals.
E)U.S.Court of Federal Claims.

Question 38

Although presidents prefer Supreme Court candidates to mirror their policy preferences,which of the following explains why they cannot always expect nominees to fulfill their expectations?

A)judicial disconfirmation
B)judicial activism
C)Article III of the U.S.Constitution
D)judicial expansion
E)judicial independence

Question 39

A state supreme court ruled against an individual claiming that she was denied her Fifth Amendment right to due process.It is possible that the state court's decision can be appealed in which of the following venues?

A)U.S.Supreme Court
B)State Courts of Appeals
C)U.S.District Courts
D)U.S.International Trade Court
E)U.S.Court of Federal Claims

Question 40

The trial courts of general jurisdiction at the federal level are called __________ courts.

A)supreme
B)circuit
C)original
D)federal claims
E)district

Question 41

Which of the following explains why the Supreme Court has been more secure in its ability to strike down acts of Congress?

A)Congress and the president tend to have less concern for the Supreme Court because the number of landmark decisions has decreased over time.
B)The limited use of judicial review during its infancy has helped to reinforce greater acceptance of the Court's power to strike down laws.
C)Many Americans believe that federal law often supersedes state law.
D)Supreme Court justices have been less strategic about the decisions they make.
E)Controversy over judicial nominations has caused justices to be more hostile toward Congress.

Question 42

Most cases reach the Supreme Court through a writ of

A)certiorari.
B)publici juris.
C)jurisprudence.
D)habeas corpus.
E)in forma pauperis.

Question 43

Which criterion do the courts use to screen cases that no longer require resolution?

A)standing
B)stature
C)stability
D)status
E)mootness

Question 44

Individuals or groups who are not parties to a lawsuit but who seek to assist the court in reaching a decision (including,often,the solicitor general) can present additional briefs called

A)per curiam.
B)amicus curiae.
C)assenting opinions.
D)dissenting opinions.
E)concurring opinions.

Question 45

Attorneys on both sides of a legal case muster the most compelling precedents they can in support of their arguments about why the Court should rule in favor of their clients in written documents called

A)torts.
B)briefs.
C)claims.
D)contracts.
E)opinions.

Question 46

The decision written by a justice with the minority opinion in a particular case,in which the justice fully explains the reasoning behind his or her opinion,is known as a

A)reproachment.
B)minority report.
C)judicial objection.
D)dissenting opinion.
E)special concurrence.

Question 47

The power of the Supreme Court to review state legislation or other state action and to determine its constitutionality is implied by the logic contained in the

A)tradition of common law inherited from the English judicial system.
B)system of separated institutions sharing powers as outlined in the Constitution.
C)1890 State Act and the necessary and proper clause to the Constitution.
D)supremacy clause of Article VI of the Constitution and the Judiciary Act of 1789.
E)cases and controversies clause of Article III.

Question 48

One or more justices may agree with the majority but disagree with the rationale presented in the majority opinion.These justices may then draft the

A)written objection.
B)dissenting opinion.
C)regular concurrence.
D)special concurrence.
E)writ of clarification.

Question 49

In the American judicial system,parties to a case must demonstrate that they have __________,a substantial stake in the outcome of the case.

A)standing
B)stature
C)stability
D)status
E)mootness

Question 50

After a decision has been reached,one of the members of the majority is assigned to write the

A)opinion.
B)writ of certiorari.
C)regular concurrence.
D)writ of habeas corpus.
E)brief.

Question 51

Some members of the majority may agree with both the outcome and the rationale of a Supreme Court decision but wish to draft a __________ to emphasize or highlight a particular point.

A)regular concurrence
B)special concurrence
C)qualified accordance
D)conditional accordance
E)writ of clarification

Question 52

Including time for questions,each attorney presenting oral arguments before the Supreme Court must limit their own presentation to within

A)thirty minutes.
B)one hour.
C)two hours.
D)four hours.
E)one day.

Question 53

In order for the Supreme Court to grant certiorari,agreement has to be reached by at least __________ justices.

A)two
B)three
C)four
D)five
E)six

Question 54

Article III of the Constitution and Supreme Court decisions define judicial power as extending only to

A)laws and policies.
B)rules and regulations.
C)cases and controversies.
D)crimes and misdemeanors.
E)federal and international crimes.

Question 55

The court case of Marbury v.Madison established the legal power of the Supreme Court to

A)amend the Constitution.
B)review acts of Congress.
C)establish lower federal courts.
D)force parties in a legal conflict to settle prior to trial.
E)issue a writ of mandamus.

Question 56

When the Supreme Court mandated that Yaser Esam Hamdi,an apparent Taliban soldier,was entitled to basic civil rights such as the right to counsel even though the Bush administration had classified him as an enemy combatant,the Court exemplified its power to

A)review actions of Congress.
B)review actions of the president.
C)review actions of state courts.
D)interpret federal statutes.
E)interpret administrative rules.

Question 57

Besides the justices who staff the Court,the individual who has the greatest immediate influence on the work of the Supreme Court is the

A)president.
B)vice president.
C)solicitor general.
D)attorney general.
E)White House counsel.

Question 58

Over the centuries,judges have developed a body of rules and principles of interpretation called __________ law that are not grounded in specific statutes.

A)basic
B)unwritten
C)common
D)judicial
E)fundamental

Question 59

An individual who claims she will be harmed by a bill that is passing through Congress but is not yet law calls into question which of the following standards?

A)ripeness
B)mootness
C)standing
D)forma pauperis
E)certiorari

Question 60

When the Supreme Court declares that a new law recently passed by Congress is unconstitutional,which of its powers is it utilizing?

A)coordination
B)judicial review
C)dispute resolution
D)rule interpretation
E)arbitration

Question 61

Justice Harry Blackmun's decision in Roe v.Wade was based on a judicial philosophy that involved looking beyond the text of the Constitution to find a right to an abortion.He used the philosophy of judicial

A)restraint.
B)activism.
C)discipline.
D)flexibility.
E)expansion.

Question 62

In a public law case,the government is the plaintiff.

Question 63

Public law is a form of criminal law.

Question 64

Prior court decisions that apply to a given case are also known as

A)standards.
B)legal precedents.
C)touchmarks.
D)bench rulings.
E)briefs.

Question 65

The U.S.Supreme Court has both original and appellate jurisdiction.

Question 66

What is the president's most direct influence on the Court?

A)to instruct and direct the solicitor general
B)to nominate judges whom he or she believes are close to the administration's policy preferences
C)to file an amicus brief
D)to threaten to impeach sitting justices
E)to lobby sitting justices in special White House meetings

Question 67

In the United States,the courts resolve both civil and criminal disputes.

Question 68

When the Supreme Court ruled that it would apply the ruling of a previous establishment clause case to a new establishment clause case,what doctrine did it implement?

A)stare decisis
B)judicial activism
C)legal continuity
D)judicial constitutionalism
E)original intent

Question 69

A lawsuit in which a large number of people with common interests join together under a representative party to bring or defend a lawsuit is called a __________ lawsuit.

A)group
B)joint
C)class-action
D)multimotion
E)tort

Question 70

According to stare decisis,judges are significantly influenced by

A)federal statutes.
B)the Constitution.
C)prior judicial decisions.
D)administrative rules and regulations.
E)the original intent of the documents they interpret.

Question 71

Which of the following guiding legal doctrines is a Latin phrase for "let the decision stand"?

A)stare decisis
B)leonina societas
C)lex loci contractus
D)ex post facto
E)habeas corpus

Question 72

Most cases are settled before trial.

Question 73

A judicial philosophy that,when making decisions,the courts should see beyond the text of the Constitution or a statute in order to consider broader societal implications is indicative of judicial

A)restraint.
B)activism.
C)discipline.
D)flexibility.
E)expansion.

Question 74

A judicial philosophy that,when making decisions,the courts should remain as close as possible to the actual wording of the Constitution and other laws and to the original intent of lawmakers is indicative of judicial

A)restraint.
B)activism.
C)discipline.
D)flexibility.
E)impartiality.

Question 75

Losers in civil cases may be required to pay monetary damages for their actions.

Question 76

Defendants found guilty of civil wrongs can be fined or sent to prison.

Question 77

The U.S.Supreme Court operates primarily as a trial court.

Question 78

The Supreme Court only hears cases involving public law.

Question 79

Justices O'Connor and Kennedy have both been known for breaking ties in 5-4 Supreme Court decisions.These tiebreakers are also known as

A)ideological voters.
B)coalition voters.
C)swing voters.
D)collegial voters.
E)outlier voters.

Question 80

In 2002,Justice David Souter wrote a 34-page dissent that upheld the use of government-funded school vouchers to pay for parochial school tuition.Why might Supreme Court justices decide to write a long,dissenting opinion such as this one?

A)It might help justices clarify their arguments for a more knowledgeable public.
B)It might help them convince a swing justice to join their side on the next round of cases dealing with a similar topic.
C)It may help justices deal with any confusion they might have about the facts of a case.
D)It will allow justices to craft a superior legal argument.
E)Justices can ensure greater respect from their colleagues.