Ch10 The American Legal System And The Courts Test Bank - Test Bank | Keeping the Republic 9e by Barbour by Christine Barbour. DOCX document preview.
Test Bank
Chapter 10: The American Legal System and the Courts
Multiple Choice
1. According to Thomas Hobbes and John Locke, the primary function of law is to ______.
a. enforce moral values
b. create a more just society
c. provide security, order, and predictability in life
d. secure the advantages of the dominant class in society
e. increase equality of opportunity
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
2. Which of the following statements concerning the functions of the law is NOT correct?
a. The function of providing security is the most basic function of law.
b. The weakness of the law is that we can easily break a rule that we do not know exists.
c. The courts serve as neutral third parties in conflict resolution.
d. Enforcing society’s values is a function of the law.
e. Society distributes benefits and rewards through the law.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
3. In an adversarial system, the winning side is likely to be ______.
a. the one with the truth on its side
b. the one with the more skilled attorney
c. the one that can gain the sympathy of the judge
d. the defendant
e. the respondent
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
4. In an inquisitorial system, ______.
a. there are no trials
b. the judge plays a relatively minor role
c. the trial is of minor importance
d. the truth is not as important as the skill of the attorneys
e. the attorneys play relatively minor roles
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
5. The role of the judge in the common-law tradition differs from the role of the judge in the civil-law tradition in that ______.
a. judges in the common-law tradition have much more discretion to interpret the law
b. judges in the common-law tradition are charged with finding the truth
c. judges in the common-law tradition play a much more active role in trials
d. judges in the common-law tradition do not rely on precedent as much as judges in the civil-law tradition
e. judges in the civil-law tradition act more as neutral umpires than do judges in the common-law tradition
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
6. The legal system of the United States is ______.
a. a pure common-law tradition
b. largely a common-law tradition with elements of the civil-law tradition
c. an equity-based tradition
d. largely a civil-law tradition with elements of the common-law tradition
e. a pure civil-law tradition
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
7. All of the following statements are true concerning the common-law tradition EXCEPT this:
a. One role of judges in the common-law tradition is to apply the law as an impartial referee.
b. It gives more power to judges to determine the law than does a civil-law tradition.
c. The common-law tradition depends on the rule of stare decisis.
d. The legal system in the United States is a pure common-law system.
e. The common-law tradition originated in Great Britain.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
8. The textbook argues that the United States is unlikely to change from an adversarial system of law for all of the following reasons EXCEPT this:
a. It makes it easier to maintain the principle of “innocent until proven guilty.”
b. It fits with the cultural emphasis on individualism.
c. It is generally acknowledged to be more fair than the inquisitorial system.
d. It fits with the cultural emphasis on procedural values.
e. Lawyers in the United States have a strong interest in preserving the current system.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
9. The American legal tradition can best be described as ______.
a. a strictly common-law tradition
b. a mixed system based on common-law practice but with a body of written, codified laws
c. a strictly civil-law tradition
d. a mixed system based on a civil-law tradition but with a tendency to rely on precedent
e. a system that is moving rapidly from a common-law tradition to a civil-law tradition
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
10. President Truman famously employed an executive order to ______.
a. initiate affirmative action programs at the federal level
b. prohibit federal money from being used to pay for abortions
c. detain Americans of Japanese ancestry in resettlement camps
d. desegregate the American military
e. overturn Jim Crow laws in the southern states
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
11. Which of the following statements is NOT true regarding the U.S. legal system in comparison to those of other countries?
a. Americans file more civil suits.
b. It is debatable whether Americans are more litigious than citizens of other nations.
c. Unlike other countries, the United States has an inquisitorial legal system.
d. The U.S. system is based on the common-law tradition while many European systems are based on the civil-law tradition.
e. The United States draws its common-law tradition from Great Britain.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
12. According to many scholars, Americans sue each other a great deal for all of the following reasons EXCEPT this:
a. We are committed to individual freedom.
b. We believe citizens have the right to defend themselves against harm by others.
c. Fewer protections for citizens are enacted into law, so citizens must sue to receive compensation for damages.
d. Americans have come to expect that everything that causes harm can be blamed on someone.
e. Lawsuits are easy to file in the United States compared with other countries.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
13. Laws whose actual content defines what we can and cannot legally do are ______ laws.
a. civil
b. criminal
c. substantive
d. procedural
e. common
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
14. A violation of civil law is called ______.
a. an infraction
b. a felony
c. a crime
d. a tort
e. a misdemeanor
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
15. Laws that regulate relations between individuals are called ______.
a. criminal laws
b. civil laws
c. administrative laws
d. regulatory laws
e. constitutional laws
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level:
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
16. Criminal law deals with harm to ______, whereas civil law involves harm to ______.
a. individuals; society
b. individuals; groups
c. society; individuals
d. society; government
e. groups; individuals
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
17. The reason the burden of proof in a criminal trial is greater than the burden of proof in a civil trial is ______.
a. criminal trials are more expensive than civil trials
b. civil trials are more expensive than criminal trials
c. civil trials take longer than criminal trials
d. the government is perceived as a greater threat to our liberties than are fellow citizens
e. lawsuits are perceived as a greater threat to our liberty than is the government
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
18. All of the following rights are protected by procedural laws EXCEPT ______.
a. the right to an attorney in a criminal case
b. the right to vote
c. the right to appeal a decision by the Internal Revenue Service (IRS)
d. the Fourth Amendment right against illegal searches and seizures
e. the right to remain silent in testimony before Congress
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
19. Which of the following is NOT a substantive law?
a. a mandatory seatbelt law
b. the right to appeal a criminal conviction
c. the Clean Air Act
d. the National Health Care Act
e. a law regulating campaign finance
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
20. A law that makes it illegal to use steroids is an example of a ______ law.
a. substantive
b. procedural
c. constitutional
d. civil
e. administrative
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
21. Which of the following is NOT a statutory law?
a. the Fourteenth Amendment to the U.S. Constitution
b. the 1964 Civil Rights Act
c. the Patriot Act
d. the Alien and Sedition Acts
e. the No Child Left Behind Act of 2001
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
22. A U.S. Department of Agriculture law on how much coloring or other additives can be in food is an example of a(n) ______ law or regulation.
a. regulatory
b. statutory
c. administrative
d. constitutional
e. adaptive
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
23. Which of the following is NOT an example of administrative law?
a. Congress passes a law limiting awards in medical malpractice cases
b. the Federal Aviation Administration (FAA) requires passengers on planes to show two forms of photo identification
c. the Federal Communications Commission (FCC) requires that television programs that air before 9 p.m. cannot contain references to sex
d. the IRS eliminates tax deductions for charitable contributions
e. the Environmental Protection Agency (EPA) enacts stricter regulations on automobile emissions
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
24. Which of the following types of law always apply only to the executive branch of the federal government?
a. an executive order
b. an administrative law
c. a constitutional amendment
d. an act of Congress
e. a tort
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal System
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
25. Which founder claimed in Federalist 78 that the judiciary was the "least dangerous" branch of government?
a. James Madison
b. John Jay
c. Thomas Jefferson
d. Alexander Hamilton
e. John Adams
Learning Objective: 10.3: Explain how federalism plays out in the dual court system.
REF: Cognitive Domain: Comprehension
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
26. Laws or regulations established by bureaucratic agencies on behalf of Congress are known as ______ laws or regulations.
a. administrative
b. criminal
c. regulatory
d. statutory
e. civil
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Knowledge
Answer Location: Law and the American Legal system
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
27. The powers of the Supreme Court listed in the Constitution ______.
a. are the same as those of British courts under common law
b. need to be reviewed every ten years by Congress
c. enable the Court only to hear cases arising under the U.S. Constitution
d. are not clearly spelled out
e. do not enable the Court to overrule decisions made by lower courts
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Knowledge
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
28. The power of the courts to determine the constitutionality of laws is called judicial ______.
a. review
b. mandate
c. supremacy
d. authority
e. invalidation
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Knowledge
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
29. The idea of an independent judiciary as created by the founders was ______.
a. adopted from the British model
b. adopted from the French model
c. unique at the time of our country’s founding
d. less independent than later amendments would make it
e. adopted from the Roman model
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Knowledge
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
30. An often overlooked feature of Federalist 78 is that its author ______.
a. maintains that federal judges should be removed from the bench for issuing unpopular decisions
b. contends that the Bill of Rights can only be defended by the judiciary
c. makes an argument in favor of judicial review
d. asserts that the judiciary should be more accountable to average citizens
e. argues against the right of the judiciary to check the power of the legislature
Learning Objective: 10.3: Explain how federalism plays out in the dual court system.
REF: Cognitive Domain: Comprehension
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
31. John Marshall justified the claim that the Court has the power of judicial review on the grounds that ______.
a. the founders explicitly gave the power to the Supreme Court
b. British tradition gave this power to the Court
c. as a practical matter, the power had to rest somewhere
d. the executive branch demanded it
e. it is within the province of the courts to say what the law is
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Knowledge
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
32. The Supreme Court has used its power of judicial review ______.
a. against acts of Congress only about ten times
b. frequently against both state legislation and acts of Congress
c. much more frequently against acts of Congress than against acts of state legislatures
d. much more frequently early in American history than in recent generations
e. sparingly, particularly during the early nineteenth century
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Knowledge
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
33. All of the following statements concerning the power of judicial review are true EXCEPT this:
a. It was claimed for the Supreme Court in the case of Marbury v. Madison.
b. The Supreme Court has used the power very infrequently against acts of Congress.
c. It is not mentioned in the Constitution.
d. It includes the power to interpret the meaning of all federal and state laws.
e. It was used only once before 1857.
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Analysis
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
34. The characteristics that help determine which court has jurisdiction over a case include all of the following EXCEPT ______.
a. the involvement of federal statutes, treaties, or the Constitution
b. the expressed wishes of the president
c. the parties to the case
d. where the case arose
e. the nature of the offense involved
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
35. All of the following statements concerning the U.S. court system are true EXCEPT this:
a. Most states have the same three tiers of courts that the federal system has.
b. Juries in appeals courts typically consist of six citizens.
c. The federal courts that have original jurisdiction in most cases are the district courts.
d. Most cases end at the trial level without an appeal.
e. Appeals courts at both levels examine questions of law, not questions of fact.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
36. Which of the following statements is true about the dual court system?
a. All federal judges are appointed, and all state judges are elected.
b. Most cases are heard in the state courts.
c. The state supreme courts have final say when a case includes a federal question.
d. Cases often begin in the federal system but are sent to the state courts on appeal.
e. In most states, the supreme court is the only court with appellate jurisdiction.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
37. Opponents of judicial elections believe that elections sacrifice judicial ______.
a. interpretivism
b. independence
c. accountability
d. equity
e. restraint
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
38. All of the following statements concerning appeals of lower court decisions are true EXCEPT this:
a. The Supreme Court overturns the lower court’s ruling in about 70 percent of the cases it hears.
b. The Supreme Court has discretion as to whether to accept an appeal.
c. Refusal to hear an appeal by the Supreme Court may mean it agrees with the lower court.
d. Refusal to hear an appeal by the Supreme Court may mean it considers the case to be frivolous.
e. Most cases in the federal courts are appealed.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
39. Which of the following statements concerning jurisdiction is false?
a. Original jurisdiction refers to the authority of a court to try a case first.
b. About half the cases in the United States are heard by federal courts.
c. Appellate jurisdiction refers to those cases a court hears on appeal.
d. Almost all the cases heard by the Supreme Court come to it on appeal.
e. The vast majority of losers in federal court cases accept the verdict without appeal.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
40. The U.S. Courts of Appeals are arranged ______.
a. in the major cities of the United States (New York, Philadelphia, Atlanta, Dallas, Chicago, Phoenix, and Los Angeles)
b. in four circuits, with one each in the north, south, east, and west
c. in fifty courts, with one in each state
d. in twelve circuits covering the District of Columbia and geographic groupings of states
e. entirely within Washington, D.C.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
41. Decisions of the U.S. Circuit Courts are made by ______.
a. panels composed of four circuit judges and one Supreme Court justice
b. a single judge
c. rotating panels of three judges
d. a panel of nine judges, just like on the Supreme Court
e. federal grand juries
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
42. The Constitution says ______.
a. that federal judges shall be attorneys
b. that federal judges shall be at least thirty years old
c. nothing about the qualifications of federal judges
d. that federal judges shall be natural-born citizens of the United States
e. that federal judges shall have judicial experience
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
43. Senatorial courtesy refers to the ______.
a. practice of allowing presidential appointees to serve up to one year without Senate approval
b. tradition of granting senators considerable power over federal judicial appointments in their home states
c. common-law practice of senators not asking questions of presidential appointees to the federal courts but approving them on the basis of their records
d. tradition of opposing no more than two appointments per term
e. willingness to allow presidents to make all judicial appointments from within their political parties
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
44. The Supreme Court is deeply involved in politics in each of the following ways EXCEPT ______.
a. how its members are chosen
b. by contributing to the campaigns of congressional allies
c. how members choose which cases to hear
d. how members make decisions
e. through the effects of its decisions
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
45. According to the text, which of the following is NOT a criterion used by presidents in choosing Supreme Court nominees?
a. the candidate’s political ideology
b. the candidate’s qualifications
c. endorsements received by national news media
d. rewards due to a friend or political ally
e. representation of groups the president believes should be included in the political process
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
46. The two main approaches to interpreting the Constitution are ______.
a. judicial interpretivism and stare decisis
b. judicial interpretivism and strict constructionism
c. judicial activism and strict constructionism
d. judicial interpretivism and judicial restraint
e. judicial activism and judicial restraint
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
47. The fact that the United States has both state and national courts is a direct result of ______.
a. checks and balances
b. federalism
c. separation of powers
d. capitalism
e. procedural due process
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Comprehension
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
48. Strict constructionists argue that there is no such thing as a ______.
a. constitutionally protected right to free speech
b. constitutional basis for executive privilege
c. power of judicial review
d. constitutionally protected right to privacy
e. constitutionally protected individual right to bear arms
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
49. The first Hispanic justice of the Supreme Court was appointed by President ______.
a. Barack Obama
b. George H. W. Bush
c. George W. Bush
d. Bill Clinton
e. Ronald Reagan
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
50. Which of the following statements concerning Senate confirmation of presidential Supreme Court nominees is NOT true?
a. If the minority party is not the party of the president, it has little power to influence the success of nominations.
b. The largest role in the process is played by the Judiciary Committee.
c. If the majority party is not the party of the president, the nomination can turn into an intense battle.
d. The nomination process has become much more contentious since ideology has come to play an important role in choosing nominees.
e. Interest groups can heighten the conflict over a nomination.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Analysis
Answer Location: The Supreme Court
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
51. A writ of certiorari is ______.
a. a brief filed by interested parties to encourage the court to make a certain decision
b. a petition by the losing side in a lower court for the Supreme Court to hear an appeal
c. an order that a defendant be brought into court to hear the charges against him or her
d. an order by the Supreme Court to a lower court to rehear a case
e. a ruling in a criminal appeal that overturns a conviction
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
52. The rule of four is significant to the balance of power among Supreme Court justices because it ______.
a. is the rule used to determine whether a case will make the discuss list
b. gives some power to the minority on the Court
c. means that many of the cases on appeal to the Court are heard
d. means that less than a majority of the justices’ votes are needed for a party before the Court to be victorious
e. shows that justices rarely agree on which cases should be heard
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
53. Amicus curiae briefs are significant because ______.
a. interest groups aren’t allowed to file them, which, in turn, limits their influence
b. they may influence whether the Supreme Court decides to hear a case
c. public interest groups file them more often than do economic interest groups, giving the former an advantage before the Court
d. only the government may file them, giving added weight to the government’s positions
e. the Supreme Court uses them to “call up” a case
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
54. Which of the following is NOT an influence on Supreme Court decision making?
a. direct lobbying by interest group representatives
b. public opinion
c. the justices’ view of the Constitution and how literally it should be taken
d. the executive branch
e. their relationships with each other
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
55. An appeal is a case that is taken ______.
a. out of the judiciary entirely
b. from the federal to the state court system
c. back to its original jurisdiction for a rehearing
d. to a higher court for further review
e. straight to the Supreme Court
KEY: Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Comprehension
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
56. One reason dissenting opinions are significant to U.S. common law is that ______.
a. justices rarely want to write them, indicating that a justice might not vote the way he or she believes in order to fall in the majority
b. they are usually written by the chief justice
c. they usually represent the opinions of the majority of the public, indicating that the Court regularly ignores public opinion when making its rulings
d. they may have a lasting impact if the Court later changes its mind
e. they provide different reasons why a justice supported the majority ruling than was written in the opinion
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
57. The opinion of the Supreme Court in a case is ______.
a. the least important element of the Court’s decision
b. central to how people will understand it in the future
c. important because it tells us which side won the case
d. unimportant because the vote has already told us who won the case
e. usually unimportant, but in some instances, it takes on importance
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
58. According to some political observers, the different reaction of many blacks versus most whites to the shooting of Michael Brown in Ferguson, Missouri, can be linked to the fact that ______.
a. whites are often treated with suspicion without any real cause
b. blacks and whites experience the criminal justice system in the same ways
c. blacks tend to perceive the police as persecutors rather than protectors
d. Stop-and-Frisk policies affect mostly white men
e. whites are more likely to receive harsher sentences than blacks
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Knowledge
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
59. US district courts ______.
a. hear appeals based on trials performed elsewhere in the system
b. conduct trials in the federal court system
c. automatically review state supreme court decisions for their constitutionality
d. are the courts of last resort in the state court systems
e. were the first to exercise the power of judicial review
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Comprehension
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
60. What are the requirements set down in Article III of the Constitution that one must meet if one wishes to become a federal judge?
a. natural-born citizen, thirty years old, law degree
b. American citizen, thirty years old, admitted to the bar
c. American citizen, no criminal record, law degree
d. no criteria are provided by Article III
e. natural-born citizen, no minimum age, minimum three years judicial experience
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Comprehension
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
True/False
1. Two of the functions of law are providing security and enforcing conformity to society’s values.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
2. In a judicial system, the winning side is likely to be the one with the most skilled attorney.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
3. It is clear that Barbour and Wright believe that the Supreme Court should be viewed as a political institution even though most Americans do not share that sentiment.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
4. A legal system in which trial procedures are designed to determine the truth through the intervention of an active judge is a parliamentary system.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
5. Strict constructionists would prefer it if judges interpreted the Constitution according to the founders’ intentions.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
6. The authors argue that law enforcement officers are predisposed to believe that whites are less dangerous than blacks.
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
7. The practice of kneeling during the National Anthem prior to NFL games was done as a means of protesting the American flag.
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
8. Studies show that a higher percentage of young whites use marijuana than young blacks and, as a result, whites are three times more likely to be arrested for marijuana-related infractions.
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
9. Following the death of Supreme Court Justice Antonin Scalia, Senate majority leader Mitch McConnell said Senate hearings would not be held to confirm a replacement nominee because it was a presidential election year.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Knowledge
Answer Location: The Supreme Court
Difficulty Level: Easy
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
10. Trial courts are typically the highest level state courts.
Learning Objective: 10.3: Explain how federalism plays out in the dual court system.
REF: Cognitive Domain: Knowledge
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
Short Answer
1. How is the principle of equality before the law typically defined in American political culture?
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
2. How does the Legal Services Corporation assist immigrants with legal problems?
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
3. What is the result, according to the authors, if the Supreme Court is viewed as apolitical?
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
4. Although it is based on a common-law tradition, why do the authors argue that America’s legal system is not a pure common-law system?
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
5. What stake does the government have in the outcome of civil law proceedings?
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Comprehension
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
6. What function(s) do courts of appeal serve?
Learning Objective: 10.3: Explain how federalism plays out in the dual court system.
REF: Cognitive Domain: Comprehension
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
7. How are judges chosen for state courts?
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
8. What factors can influence judicial attitudes toward the Constitution?
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Comprehension
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
9. Why do the authors argue that legal representation for the poor is often inferior to that provided to wealthier clients?
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
10. What factors influence the treatment of citizens by America’s law enforcement and legal systems?
Learning Objective: 10.5: Describe the relationship between citizens and the courts in America.
REF: Cognitive Domain: Comprehension
Answer Location: The Citizens and the Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
Essay
1. What is the role of law in democratic political systems? Explain the features of the American legal tradition and how this tradition differs from the legal traditions of other countries.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Application
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
2. How does the role of a judge in the common-law tradition compare with the role of a judge in a civil-law tradition?
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Analysis
Answer Location: Law and the American Legal System
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
3. Compare the operation and the role of judges in adversarial and inquisitorial systems.
Learning Objective: 10.1: Describe the role that law plays in democratic societies.
REF: Cognitive Domain: Application
Answer Location: Law and the American Legal System
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
4. In Federalist No. 78, Alexander Hamilton argued that the judiciary was the least dangerous branch of government. Many people would argue that Hamilton was incorrect and that today’s courts wield an enormous amount of power. Why did Hamilton feel as he did, and what led to the courts’ increase in power? What have been the implications of this increase in power? Do you think Hamilton would have a problem with the role the courts play today? Why or why not?
Learning Objective: 10.3: Explain how federalism plays out in the dual court system.
REF: Cognitive Domain: Analysis
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
5. What was the impact of Chief Justice John Marshall on the development of the power of the Supreme Court?
Learning Objective: 10.2: Discuss the role of Congress and the Constitution in establishing the judiciary.
REF: Cognitive Domain: Analysis
Answer Location: Constitutional Provisions and the Development of Judicial Review
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
6. What are the different levels and jurisdictions of the federal court system?
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Application
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
7. Define the doctrines of judicial activism and judicial restraint.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Application
Answer Location: Federalism and the American Courts
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
8. Explain the constitutional process for the selection of federal judges. What are the criteria used by presidents to make their selections? How do the criteria change if the president is a Democrat as opposed to a Republican? What is the role of the Senate? How has this role changed over the years? How is it different if the president’s party controls Congress than if the opposition controls Congress?
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Application
Answer Location: The Supreme Court
Difficulty Level: Medium
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
9. All presidents are concerned with the legacy they leave once out of office. A major influence on this legacy is the Supreme Court justices they appoint. What criteria do presidents take into account when choosing their Supreme Court nominees? How might the type of nominee change depending on the president? Why might the most qualified nominees not be confirmed? Is the nomination process flawed, or does it do the job the founders intended it to do?
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Analysis
Answer Location: The Supreme Court
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
10. Discuss the decision-making process of the Supreme Court. Begin with the Court’s decision on whether to hear a case. What factors influence whether the Court hears a case? Then, explain how the Court decides cases. What factors influence how the Court decides to rule? What factors do you think should be most important for justices to consider when making their decisions? What factors should be least important? Be sure to defend your arguments.
Learning Objective: 10.4: Outline the institutional rules and political influences that shape the Supreme Court and the decisions it makes.
REF: Cognitive Domain: Analysis
Answer Location: The Supreme Court
Difficulty Level: Hard
TOP: SAGE Learning Outcomes for American Government: Explain the main institutions of American government, including their roles and interrelationships.
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Test Bank | Keeping the Republic 9e by Barbour
By Christine Barbour