Chapter 12: The Federal Judiciary: Politics, Power, and the “Least Dangerous” Branch

Test Bank

Multiple Choice

1. Delegates to the Constitutional Convention agreed that the judicial branch would be the ______ of the three branches of government.

a. weakest

b. least important

c. strongest

d. most important

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

2. After trial, a defendant is not satisfied with the outcome of his or her case and hires an attorney to request a review of the case, its verdict, and its sentence. A higher court agrees to review the case. This court most likely has ______ jurisdiction.

a. original

b. appellate

c. intermediary

d. ultimate

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Knowledge

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Easy

3. In Federalist 78, Alexander Hamilton sought to reassure skeptical Anti-Federalists by arguing that the judiciary ______.

a. was designed to interpret and not make laws with weak oversight power

b. was a limited branch of government with no power to overturn a law

c. would be impartial and, compared to the other two branches, its power would be weak

d. would not use its law-enforcement powers against the people and would uphold and interpret laws

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

4. In order to “flesh out the nature and organization of the nation’s system of courts,” Congress passed the ______.

a. Judicial Review Act of 1802

b. District Courts Act of 1790

c. Inferior Courts Act of 1787

d. Judiciary Act of 1789

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

5. Which of the following is considered to be the primary role of the federal judiciary?

a. Create the laws of the nation

b. Enforce the laws of the nation

c. Execute and implement the laws of the nation

d. Interpret and apply the laws of the nation

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

6. When did the Constitutional Convention decide on how judiciary members would be appointed?

a. Early on in discussions

b. Halfway through discussions

c. Late in discussions

d. A new convention had begun

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

7. The fear of subjugation of individual and states’ rights by an increasingly powerful judiciary was felt by the ______.

a. Federalists

b. Anti-Federalists

c. Republicans

d. Whigs

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

8. Alexander Hamilton believed that ______ held the power of the purse.

a. the president

b. the judiciary

c. Congress

d. the public

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

9. Alexander Hamilton believed that ______ held the power of the sword.

a. the president

b. the judiciary

c. Congress

d. the public

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

10. Alexander Hamilton believed that the judiciary was responsible for exercising the power of ______.

a. the purse

b. the sword

c. judgment

d. tradition

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

11. When the Supreme Court find the facts and hears a case for the first time they are using ______ jurisdiction.

a. original

b. appellate

c. supreme

d. first

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

12. Federal judges are appointed with congressional approval after being nominated by the ______.

a. House

b. Senate

c. president

d. states

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Knowledge

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

13. The branch of government responsible for interpreting the laws of the nation is the ______.

a. judicial

b. executive

c. legislative

d. federal

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Knowledge

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

14. Who is affected by the rulings of the Supreme Court?

a. Only the state that issued the suit

b. Only states within the district that issued the suit

c. All states must follow the ruling

d. Each state gets to decide if they want to follow the ruling

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

15. Where does the Constitution explicitly state the powers of the federal judicial branch?

a. Article I

b. Article II

c. Article III

d. Article IV

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Knowledge

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

16. Who wrote the Federalist 78, which sought to reassure skeptics of the planned federal judiciary?

a. Alexander Hamilton

b. Aaron Burr

c. James Madison

d. Thomas Jefferson

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

17. How long will a judge on the Supreme Court remain?

a. For the length of the presidency that appointed them

b. For as long as they get reappointed

c. Indefinitely

d. As long as they are exhibiting “good behavior”

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

18. When a court has the authority to review the decision of a lower court and revise the decision, that court has ______ jurisdiction.

a. original

b. appellate

c. federal

d. state

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

19. Molly believes the new federal judiciary that the Constitutional Convention designed will limit the authority of the states. Molly would most likely be classified with which group of her time?

a. Federalists

b. Anti-Federalists

c. Republicans

d. Whigs

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Application

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Hard

20. Which Congressional Act added five associate judges to the chief justice mentioned in the Constitution?

a. Judiciary Act of 1789

b. Judiciary Act of 1801

c. Supreme Act of 1792

d. Supreme Act of 1800

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

21. George Washington demonstrated his commitment to ensuring representation from all parts of the country by appointing justices from Massachusetts, New York, Virginia, Maryland, and ______ to the first Supreme Court.

a. South Carolina

b. North Carolina

c. Georgia

d. Alabama

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

22. Judicial review is defined as the ability to ______.

a. review cases between states

b. determine if a law is constitutional

c. determine guilt or innocence

d. review cases between public and private sector parties

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

23. Which of the following was deemed necessary to ensure limitations to congressional power?

a. Original jurisdiction

b. Appellate jurisdiction

c. Jurisprudence

d. Judicial review

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

24. Which of the following court cases established judicial review?

a. Dred Scott v. Sanford

b. Missouri v. United States

c. Marbury v. Madison

d. Adams v. Jefferson

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Knowledge

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

25. Declaring local, state, and federal laws unconstitutional falls under ______ for the Supreme Court.

a. original jurisdiction

b. appellate jurisdiction

c. jurisprudence

d. judicial review

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

26. The underlying battle of the Marbury v. Madison case was a ______.

a. partisan battle between Democrats and Republicans

b. partisan battle between Federalists and Republicans

c. power struggle between the executive and judicial branches

d. power struggle between the legislative and judicial branches

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

27. Who was the chief justice of the Supreme Court that presided over Marbury v. Madison?

a. Roger Taney

b. Aaron Burr

c. John Marshall

d. William Randolph Hurst

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Knowledge

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Easy

28. William Marbury requested that the Supreme Court issue a ______ ordering James Madison to deliver the commissions necessary to become justices of the peace.

a. warrant

b. subpoena

c. writ of habeas corpus

d. writ of mandamus

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Knowledge

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

29. Why did the Federalists change the Supreme Court’s schedule and reorganize the lower federal courts system?

a. Streamline the process of judicial review

b. Appease the demands of the Anti-Federalists

c. Preserve their influence within the national government

d. Weaken the judiciary branch even further

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

30. Before becoming the chief justice of the Supreme Court, John Marshall held what other government position?

a. Secretary of the Navy

b. Secretary of the Treasury

c. Secretary of state

d. Vice president

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

31. If a Supreme Court justice is deemed to be no longer exhibiting “good behavior,” how can they be removed from their appointment?

a. The president can remove the justice.

b. A justice can be impeached by Congress.

c. The Senate can remove the justice.

d. The justice will be voted out during the next election.

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

32. When the Supreme Court reviews laws and actions in light of the meaning of the Constitution, they are using ______.

a. constitutional interpretation

b. constitutional review

c. judicial interpretation

d. legislative review

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

33. Based on John Marshall’s logic, when the Supreme Court exercises judicial review, it ______.

a. places the judicial branch above the executive branch

b. places the judicial branch above the legislative branch

c. supersedes the laws of the nation

d. makes all three government branches co-equals

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

34. If Texas and California have a dispute, before which court would their case be argued?

a. In the Texas Supreme Court since Texas is larger than California

b. In the California Supreme Court since California has a larger population

c. Either Texas or California must file the case with the Supreme Court

d. The case should be filed with a special federal court located in Washington, D.C.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Application

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Hard

35. A Texas Voter ID law was denied by the Justice Department in 2009. Texas wanted to file a lawsuit against the U.S. government. With which court does Texas have to file its case?

a. Texas Supreme Court

b. Federal District Court

c. Fifth Circuit Court of Appeals

d. the Supreme Court

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Application

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

36. In an adversarial system of justice, the person or group against whom a case is brought in court is known as the ______.

a. plaintiff

b. petitioner

c. defendant

d. respondent

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

37. In a criminal case, the plaintiff is always the ______.

a. state or federal government

b. injured party

c. petitioner

d. offending party

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

38. The category of law that covers cases involving private rights and relationships between individuals and groups is ______ law.

a. civil

b. Constitutional

c. criminal

d. appellate

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

39. Cases that make their way from the state courts to the federal courts generally involve questions arising under the ______.

a. criminal law system

b. civil law system

c. U.S. Constitution

d. direct appeals process

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

40. Constitutional courts refer to courts Congress was authorized to create under Article ______ of the Constitution.

a. I

b. II

c. III

d. IV

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

41. The middle level of the constitutional courts is occupied by the ______.

a. legislative courts

b. federal district courts

c. federal courts of appeal

d. U.S. Supreme Court

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

42. How many courts of appeals are in the federal judicial system?

a. Six

b. Eight

c. 13

d. 25

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

43. At the top of the federal judicial system is/are the ______.

a. legislative courts

b. federal district courts

c. federal courts of appeal

d. U.S. Supreme Court

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

44. The Supreme Court (when no seats are vacant) generally consists of ______ justices.

a. six

b. nine

c. 12

d. 15

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

45. An appellate court focuses on ______.

a. finding facts and delivering opinions on a case

b. determining questions of Constitutionality

c. analyzing the appropriateness of criminal punishments

d. how the decision of the court was rendered within the context of the law

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Analysis

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

46. After hearing a case, an appeals court may ______.

a. confirm the original court’s ruling, reverse the decision, or remand the case to a lower court

b. decide to hear new testimony, reverse the decision of the lower court, or institute a new decision

c. overturn the lower court’s ruling, confirm the court’s decision, or allow for new evidence

d. hear direct testimony, make a judicial decision, or determine appropriate punishment

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Analysis

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

47. The side that loses in a federal appellate court has the right to petition ______ for a possible appeal.

a. an appeals court in another circuit

b. the U.S. Supreme Court

c. state supreme courts

d. the legislative courts

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

48. Almost all petitions from the lower courts to have their cases heard by the Supreme Court are ______.

a. approved

b. reviewed

c. denied

d. retried

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

49. The modern Supreme Court receives, on average, between ______ and ______ petitions from lower courts per year.

a. 1,000; 3,000

b. 5,000; 7,000

c. 8,000; 9,000

d. 10,000; 12,000

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

50. About what percentage of all petitions does the Supreme Court hear per year?

a. Less than 1%

b. Between 5% and 10%

c. Between 15% and 30%

d. Between 50% and 75%

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

51. In addition to certain technical requirements, a petitioner to the Supreme Court must demonstrate that he/she has ______, which involves demonstrating an actual imminent harm from a law or action in question.

a. clearance

b. standing

c. authority

d. jurisdiction

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

52. If the Supreme Court decides to hear a case, it issues a(n) ______.

a. brief of understanding

b. writ of certiorari

c. petition for habeas corpus

d. announcement of decision

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

53. While the Constitution offers little guidance on which cases the Supreme Court does or does not take, justices have adopted the custom of ______.

a. judicial accommodation

b. the band of six

c. the rule of four

d. judicial necessity

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

54. The process of ordering the records of a case from the lower court is nicknamed “______.”

a. granting cert

b. initiating appeal

c. exerting authority

d. wielding the gavel

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

55. The most important factor in the decision to grant or deny a writ of certiorari in a case is whether the case presents a ______.

a. challenge to the Constitution or the Bill of Rights

b. federal question

c. confusion about or alternate presentation of the law

d. risk to civil liberties

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

56. In addition to considering federal questions, an important element of a case is ______.

a. challenge to the Constitution or the Bill of Rights

b. federal question

c. confusion about or alternate presentation of the law

d. risk to civil liberties

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

57. An interested party (such as an interest group) may submit its opinions to the Court in the form of a(n) ______.

a. habeas corpus writ

b. amicus curiae brief

c. mandamus petition

d. corpus juris memo

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

58. An especially important filer of amici curiae is the U.S. ____

a. attorney general

b. president

c. Congress

d. solicitor general

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

59. A judicial decision that guides future courts in handling similar cases is known as ______.

a. precedent

b. jurisdiction

c. mandamus

d. corpus juris

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

60. When the plaintiffs and defendants in a case appear before the Supreme Court, they must present ______.

a. direct testimony

b. oral arguments

c. official witnesses

d. important evidence

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

61. Following oral arguments, cases in the Supreme Court proceed to ______.

a. stare decisis

b. legal discussion

c. judicial conference

d. public debate

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

62. Once decided, the Court issues its decision in the form of a ______.

a. written opinion

b. oral briefing

c. public forum

d. national debate

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

63. The Court decision that is considered binding is the ______ opinion.

a. minority

b. majority

c. concurring

d. dissenting

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

64. Those justices that voted with the minority and who disagree with the majority opinion may wish to issue a(n) ______.

a. amicus curiae brief

b. concurring opinion

c. dissenting opinion

d. minority opinion

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

65. Federal judges serve for ______, assuming good behavior.

a. four years

b. six years

c. eight years

d. life

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

66. Which of the following are more apt to witness direct presidential involvement in the nomination process?

a. Legislative courts

b. Bankruptcy courts

c. District courts

d. Courts of appeal including the Supreme Court

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

67. Which of the following is a Constitutional requirement for becoming a Supreme Court justice?

a. Prior legal argument and trial experience

b. Prior experience in the federal district courts

c. Prior experience in the federal appeals courts

d. There are no requirements for a Supreme Court justice

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

68. Who is the plaintiff in criminal cases?

a. The victim or victim’s family

b. The government

c. The victim’s lawyer

d. A court-appointed lawyer

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

69. President Obama appointed which of the following Supreme Court justices during his presidency?

a. Elena Kagan

b. Clarence Thomas

c. Neil Gorsuch

d. Ruth Bader Ginsburg

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Conclusion

Difficulty Level: Medium

70. Which of the following justices was appointed during Barack Obama’s presidency?

a. Sonia Sotomayor

b. Merrick Garland

c. Neil Gorsuch

d. Ruth Bader Ginsburg

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Conclusion

Difficulty Level: Medium

71. Which of the following judge did Barack Obama nominate for the Supreme Court but was never confirmed by Congress?

a. Sonia Sotomayor

b. Merrick Garland

c. Neil Gorsuch

d. Ruth Bader Ginsburg

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Conclusion

Difficulty Level: Medium

72. What is the name of the problem that occurs when Americans become less vigilant about who they elect, knowing that the Supreme Court will be there to bail them out if they do a poor job in choosing?

a. Ethical constraint

b. Moral hazard

c. Unforeseen security

d. Adapted judicialism

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

73. By upholding the constitutionality of laws and adding legitimacy in the minds of the American public to those laws passed by Congress, the Court risks ______.

a. allowing the exercise of powers not granted to it in the Constitution

b. asserting undue influence over the people themselves

c. confirming and implementing the tyranny of the minority

d. giving a stamp of approval to the tyranny of the majority

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

74. Those who argue that the Court should use the power of judicial review only rarely and, when possible, defer to the judgment of the legislative and executive branches in decisions they have made are considered proponents of ______.

a. judicial restraint

b. countermajoritarianism

c. judicial activism

d. legal policy-making

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

75. When the Supreme Court exercises judicial control against the prevailing majority, it is referred to as ______.

a. judicial review

b. original jurisdiction

c. countermajoritarianism difficulty

d. judicial restraint

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

76. The Supreme Court is considered to be giving approval when the court ______.

a. accepts a case

b. strikes down a law

c. rejects a case

d. upholds a law

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

77. If Brandon wanted the Supreme Court to step in and strike down an education law that he believes is unconstitutional, he would want the Court to use ______.

a. executive orders

b. judicial restraint

c. judicial activism

d. judicial countermajoritarianism

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Application

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Hard

78. Focusing on applying laws to the facts of a case, including past decisions, is the main focus of the ______ model.

a. legal

b. attitudinal

c. strategic

d. accepted

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

79. The national agenda is set by ______.

a. the president

b. Congress

c. the Supreme Court

d. the public

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

80. Focusing on political actions of individual justices as they try to make the best use of personal and official resources in order to obtain a specific set of policy objectives is described as the ______ model.

a. legal

b. attitudinal

c. strategic

d. accepted

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

81. Stare decisis requires justices to ______.

a. use judicial review sparingly

b. follow precedents set before them

c. follow the will of the people

d. accept as many cases per session as possible

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

82. Alexander Bickel described the countermajoritarian difficulty in striking down legislation as ______.

a. exercising control against the prevailing majority

b. exercising control in favor of the prevailing majority

c. using judicial review for political gains

d. using judicial review unconstitutionally

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

83. When a justice uses political and policy preferences when casting their votes, rather than weighing the facts and the law neutrally, the justice is using the ______ model.

a. legal

b. attitudinal

c. strategic

d. accepted

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

84. Proponents of originalism argue that ______ should be the primary way to make major changes in the fundamental laws of the nation.

a. constitutional amendments

b. executive orders

c. state elections

d. appellate decisions

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

85. David believes the Supreme Court should use their power rarely and whenever possible defer to the judgment of the legislative and executive branches on decisions that those branches have already made. David would be considered a proponent of judicial ______.

a. review

b. restraint

c. activism

d. authorship

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Application

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Hard

86. Sarah believes that Supreme Court justices should be willing to step in and overturn laws when they see the need to do so. Sarah would be considered a proponent of judicial ______.

a. review

b. restraint

c. activism

d. authorship

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Application

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Hard

87. Which of the following justices was appointed during Donald Trump’s presidency?

a. Sonia Sotomayor

b. Merrick Garland

c. Neil Gorsuch

d. Ruth Bader Ginsburg

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Conclusion

Difficulty Level: Medium

88. How did Gorsuch secure his Supreme Court appointment?

a. The Senate confirmed him in the normal process.

b. The Senate Republicans had to change the chamber rules to prevent filibuster to confirm him.

c. The president had to threaten to veto every bill out of Congress to secure his confirmation.

d. Merrick Garland declined the offer of appointment making way for Gorsuch.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Conclusion

Difficulty Level: Medium

89. During her confirmation, Sonia Sotomayor raised suspicion regarding her ability to stick to the Constitution as written when delivering her vote, based on her statements about the role her Latina identity played in her judicial career. Republicans may have been concerned she would use the ______ model to achieve certain policy objectives regarding the Latin American community in an unfair way.

a. legal

b. strategic

c. attitudinal

d. judicial

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Analysis

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Hard

90. Before becoming a Supreme Court Justice, Sonia Sotomayor held a position ______.

a. within the U.S. Court of Appeals

b. at the Justice Department

c. within the New York state court system

d. at Yale as a law professor

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

91. Sonya Sotomayor was considered by many to be the “riskiest choice” for Supreme Court nominee because of her public remarks on the ______.

a. “conservative” court and its impact on the progressive movement

b. importance of identity and personal history in judicial decision making

c. need for more liberal decision makers in the U.S. Courts of Appeal

d. unbalanced and unfair justice system with regard to racial equity

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: The “Trial” of Sonia Sotomayor Highlights the Complexity of Judicial Decision Making

Difficulty Level: Medium

True/False

1. The Supremacy Clause in the Constitution makes decisions of the Supreme Court trump decisions of state courts.

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Knowledge

Answer Location:The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Easy

2. The number of Supreme Court justices was set at nine by the Constitution.

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location:The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

3. The Supreme Court can exercise both original and appellate jurisdiction.

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

4. Delegates to the Constitutional Convention were in general agreement that the judicial branch would be the weakest of the three branches of government.

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location:The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

5. Anti-Federalists argued that by granting the power to overturn legislation in the Supreme Court, the nation would run the risk of unconstrained justices imposing their own views of what is constitutional and what is not.

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

6. The federal court system as we know it today is specifically outlined and described in the U.S. Constitution.

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Medium

7. In order to establish “inferior courts” in the federal judiciary, the first Congress passed the Judiciary Act of 1789.

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Comprehension

Answer Location: The Constitution Casts the Judiciary as the Weakest Branch

Difficulty Level: Medium

8. The power of judicial review was granted to the Supreme Court expressly (written in the Constitution).

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Medium

9. The Supreme Court decision that established judicial review over federal laws was Marbury v. Madison (1803).

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Medium

10. Judicial review is the authority of a court to create new laws and actions over other branches and levels of government so as to become the highest law in the land.

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Medium

11. The American legal system is based on dual systems of federal and state courts that share the tradition of the adversarial system of justice.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

12. State courts are structured much differently than the federal courts.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

13. While the majority of cases are handled in the state courts, many of the cases that have the greatest impact on large numbers of Americans happen in the federal court system.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

14. The federal district courts are at the top of the nation’s federal court pyramid.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

15. The Supreme Court must hear all cases brought before it.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Analysis

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

16. The Supreme Court has the power to set a precedent that acts as a basis for deciding cases in the future.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

17. Federal district court decisions are made by a single judge.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Easy

18. Granting a writ of certiorari means the Supreme Court is ready to hear the case.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Knowledge

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

19. The “countermajoritarian difficulty” occurs when the Court exercises control not on behalf of the prevailing majority but against it.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

20. Any interested party (such as an interest group) may submit its opinions to the Court through a document called an amicus curiae brief.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

Short Answer

1. The power of ______ lies as much in its power to affirm a law as in its power to overturn a law.

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Comprehension

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Medium

2. When a justice follows precedent, he or she is said to be employing the doctrine of ______.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

3. The ______ model focuses on applying the law to the facts of a case, including past decisions on similar cases.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

4. Proponents of ______ argue that the Court should use its power to overturn laws and actions of the other two branches of government very rarely.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

5. Proponents of ______ argue that justices should be willing to step in and overturn laws when they see the need to, especially when they perceive those laws as trampling on individual rights and liberties.

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Comprehension

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium

Essay

1. What factors have led to federal judicial proceedings becoming so politically charged? Why should these proceedings be so politically divided?

Learning Objective: 12-1: Describe the structure and powers of the federal judiciary as laid out in the Constitution.

Cognitive Domain: Analysis

Answer Location: The “Trial” of Sonia Sotomayor Highlights the Complexity of Judicial Decision Making

Difficulty Level: Medium

2. What does the Constitution say about the structure and the power of the federal judiciary? What does it leave out?

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Analysis

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Medium

3. Explain the impact and influence of the Marbury v. Madison case as it relates to the modern judiciary.

Learning Objective: 12-2: Explain John Marshall’s development of judicial review in the Supreme Court decision in Marbury v. Madison.

Cognitive Domain: Analysis

Answer Location: The “Trial” of John Marshall Established the Principle of Judicial Review

Difficulty Level: Hard

4. Describe the structure of the American legal system and the federal judiciary.

Learning Objective: 12-3: Describe the structure of the American legal system and the federal judiciary.

Cognitive Domain: Comprehension

Answer Location: The American Legal System Is Defined by Federalism

Difficulty Level: Medium

5. Do you feel that the use of judicial review and the concepts of judicial activism and judicial restraint have had a positive or negative impact on the modern judiciary?

Learning Objective: 12-4: Compare theories of judicial decision making as well as arguments for or against judicial restraint and activism in constitutional review.

Cognitive Domain: Analysis

Answer Location: Judicial Review Raises Questions of Constitutional Interpretation and Judicial Decision Making

Difficulty Level: Medium