Chapter.15 Test Questions & Answers The Judiciary

American Democracy Now, 6e (Harrison)

Chapter 15 The Judiciary

1) Unlike the legislative and executive branches, judges and courts

A) never have the power of judicial review.

B) are under the control of the president.

C) have full authority to apply Roman law.

D) are the weakest of the three branches of government.

E) are reactive.

2) A court's jurisdiction is established by

A) a constitution only.

B) a statute only.

C) a constitution or a statute.

D) a higher court.

E) the president or a governor.

3) In the federal judicial system, the main court(s) of original jurisdiction for most cases is/are the

A) trial courts.

B) trial courts and appeals courts.

C) appeals courts and the Supreme Court.

D) trial courts and the Supreme Court.

E) Supreme Court.

4) The Supreme Court predominantly acts as a court of

A) original jurisdiction.

B) dual jurisdiction.

C) shared jurisdiction.

D) appellate jurisdiction.

E) mandamus jurisdiction.

5) Which early landmark case granted the Supreme Court its most significant power?

A) Marbury v. Madison

B) Dred Scott v. Sandford

C) Lochner v. Ellison

D) McCulloch v. Maryland

E) Bowers v. Hardwick

6) The authority of the Supreme Court to determine the constitutionality of governmental action is known as

A) jurisdiction.

B) judicial review.

C) precedent.

D) common law.

E) stare decisis.

7) Initially, the federal judiciary was

A) very strong, with significant authority.

B) quite strong, with moderate authority.

C) quite weak, with little authority.

D) very weak, with almost no authority.

E) dependent on the states for its existence.

8) How many court systems is the average American subject to?

A) 1

B) 2

C) 3

D) 4

E) 5

9) What type of court system exists in the United States?

A) single court system

B) dual court system

C) triple court system

D) quadruple court system

E) multiple court system

10) The common law is based on which of the following?

A) legislation

B) statute

C) earlier court decisions

D) previous decisions of British Parliament

E) administrative rulings

11) The principle of stare decisis, a Latin phrase that means "let the decision stand," is the basis of the modern legal concept of

A) jury trials.

B) precedent.

C) code law.

D) judicial statute.

E) the primacy of common law.

12) Which of the following statements about constitutional law is accurate?

A) Constitutional law is binding only on the actions of the federal government.

B) The law of state constitutions is supreme, but the U.S. Constitution is next.

C) Constitutional law arises from federal statutes.

D) All laws in the United States must comply with the U.S. Constitution.

E) All of these answers are correct.

13) Which of the following are considered the highest form of law?

A) statutes

B) judicial decisions

C) executive orders

D) administrative and regulatory laws

E) constitutions

14) U.S. statutes and acts are authored by

A) Congress.

B) legislatures.

C) the president.

D) the Supreme Court.

E) Congress and other legislatures.

15) The compilation of all the laws passed by the U.S. Congress is known as

A) the Federal Register.

B) United States Reports.

C) constitutional law.

D) the U.S. Code.

E) the U.S. common law.

16) The compilation of a state's criminal law is known as its ________ code.

A) state

B) penal

C) criminal

D) statutory

E) constitutional

17) Which of the following statements about executive orders is accurate?

A) Executive orders do not have the force of law.

B) Executive orders are a type of presidential lawmaking.

C) Legislative input is necessary for executive order enactment.

D) Presidents rarely issue executive orders.

E) Executive orders are not subject to judicial review.

18) In the process of administrative rule making, which of the following use their discretion to establish rules and regulations to implement policy?

A) federal bureaucrats

B) the Supreme Court

C) federal appeals courts

D) state high courts

E) the Supreme Court and state high courts

19) The vast majority of crimes in the United States are dealt with by ________ legislation.

A) local

B) state

C) federal

D) international

E) None of these answers is correct.

20) Who files suit in a case dealing with a violation of criminal law?

A) the victim

B) any concerned citizen

C) the plaintiff

D) the government

E) the accuser

21) Which of the following issues serves as the basis for most common civil lawsuits?

A) the family

B) contractual matters

C) commercial disputes

D) medical malpractice

E) traffic accidents

22) In a civil lawsuit, negligence that causes harm to another person's body or property is known as

A) a tort.

B) a statutory violation.

C) certiorari.

D) stare decisis.

E) common law.

23) Which of the following is a key difference between criminal trials and civil trials?

A) Criminal trials always have juries, whereas juries are optional in civil trials.

B) Criminal trials require a higher degree of certainty of guilt or responsibility.

C) Criminal trials always have judges.

D) Criminal trials include an automatic appeal to a federal appellate court.

E) Criminal trial decisions can be appealed, whereas civil trial decisions cannot.

24) Which of the following are considered courts of last resort, whose opinions carry the force of law?

A) federal district courts

B) special courts

C) federal appeals courts

D) state high courts

E) the Supreme Court and state high courts

25) According to the Constitution, which of the following is empowered to establish federal district courts?

A) the president

B) the Supreme Court

C) Congress

D) the Department of Justice

E) the attorney general of the United States

26) A federal court would be authorized to hear all of the following cases EXCEPT

A) a case between two states.

B) a question of law based on an interpretation of the U.S. Constitution.

C) a case between individuals who are from different states.

D) any trial to determine the facts no matter who the parties are.

E) a case in which a U.S. citizen and a foreign government are parties.

27) Which of these special courts has come under increased media scrutiny due to cases involving electronic surveillance?

A) Court of International Trade

B) U.S. Court of Military Appeals

C) U.S. Tax Court

D) FISA (Foreign Intelligence Surveillance Act) Court

E) U.S. Court of Veterans' Appeals

28) How many federal district courts are there in the U.S. court system?

A) 13

B) 39

C) 56

D) 76

E) 94

29) How many federal courts of appeal are there?

A) 1

B) 6

C) 13

D) 27

E) 94

30) The U.S. circuit courts of appeals

A) hold trials to determine the evidence.

B) review the interpretation or application of law in a previous court case.

C) are courts of discretionary jurisdiction.

D) are constitutional courts of last resort.

E) decide all cases after an oral hearing on the matter.

31) How many justices are there on the Supreme Court?

A) 5

B) 7

C) 9

D) 11

E) 13

32) The leading justice on the Supreme Court, who provides both organizational and intellectual leadership, is known as the

A) chief justice.

B) associate justice.

C) official justice.

D) advisory justice.

E) head justice.

33) Which of the following Supreme Court appointees were nominated by President Obama?

A) Sonia Sotomayor and Samuel Alito

B) Elena Kagan and Sonia Sotomayor

C) John Roberts and Samuel Alito

D) John Roberts and Elena Kagan

E) John Paul Stevens and David Souter

34) Currently, how many women serve on the bench of the Supreme Court?

A) two

B) three

C) seven

D) nine

E) fourteen

35) The term symbolic representation refers to which of the following in the selection of federal judges?

A) judicial qualifications of the candidate

B) the candidate's ideological views

C) whether federal judges on the whole are a diverse body

D) opinions of constituents regarding the candidate

E) All of these answers are correct.

36) The attempt to ensure that governing bodies are representative of major demographic groups in proportions similar to their representation in the population at large is known as ________ representation.

A) descriptive

B) substantive

C) proportional

D) symbolic

E) delegate

37) Which of the following share power in the selection of federal court judges?

A) the House of Representatives and the Senate

B) the House of Representatives and the president

C) the Senate and the Supreme Court

D) the Supreme Court and the House of Representatives

E) the Senate and the president

38) Senatorial courtesy, used today in the selection of ________, gives a senator the right to veto an appointment to when the senator and nominee are from the same home state.

A) state high court judges

B) district court and courts of appeals judges

C) state courts of appeals judges

D) Senate Judiciary Committee members

E) Supreme Court justices

39) Which factor influences senators as they appoint federal judges?

A) judicial qualifications of the candidate

B) the candidate's ideological views

C) the demographic represented by the candidate

D) pressure from interest groups and issue networks

E) All of these answers are correct.

40) What term is used to describe a court made up of a group of judges who must evaluate a case together and decide on an outcome?

A) collegial court

B) combined court

C) conflated court

D) concurrent court

E) corporate court

41) A request to the Supreme Court that it review a case that was already decided is made via a(n)

A) discuss list.

B) writ of certiorari.

C) certiorari petition.

D) amicus curiae.

E) brief.

42) Who is charged with drafting cert memos, which summarize the facts, describe the legal arguments, and make a recommendation as to whether the Supreme Court should take the case?

A) the chief justice

B) the associate justices

C) the attorney general of the United States

D) Supreme Court clerks

E) the U.S. Attorney's Office in each state

43) For the Supreme Court to hear a case, how many of the nine justices must want to hear it?

A) 4

B) 5

C) 6

D) 7

E) 9

44) Which phases of the Supreme Court's hearing and deliberations process offer the most opportunities for civic engagement?

A) cert memos and discuss lists

B) discuss lists and "friend of the court" briefs

C) "friend of the court" briefs and oral arguments

D) oral arguments and closed conference

E) discuss lists and closed conference

45) The view that judicial decision making is guided by the ideology of individual judges is known as the

A) attitudinal model.

B) legal model.

C) dissenting opinion.

D) strategic model.

E) concurring opinion.

46) A Supreme Court justice who agrees with the majority in a case, but disagrees in whole or in part with the majority opinion, has the option to write a ________ opinion.

A) minority

B) dissenting

C) concurring

D) supporting

E) congruent

47) A Supreme Court justice who disagrees with the majority in a case has the option to write a ________ opinion.

A) minority

B) dissenting

C) concurring

D) supporting

E) congruent

48) Which of the following chief justices led a particularly activist Supreme Court?

A) Earl Warren

B) Thurgood Marshall

C) Charles Evans Hughes

D) John Roberts

E) Fred M. Vinson

49) According to judicial scholar Thomas Keck, the most activist Supreme Court was the ________ Court.

A) Warren

B) Roberts

C) Kennedy

D) Rehnquist

E) Burger

50) The Constitution grants ________ the right to control the Supreme Court's jurisdiction.

A) Congress

B) the Senate

C) the Supreme Court

D) the attorney general of the United States

E) the president

51) Which of the following issues articles of impeachment for federal judges?

A) the House

B) the Senate

C) the Supreme Court

D) the attorney general of the United States

E) the president

52) Which of the following conducts impeachment trials for federal judges?

A) the House

B) the Senate

C) the Supreme Court

D) the attorney general of the United States

E) the executive through the White House counsel

53) The current Supreme Court is known as the ________ Court.

A) Warren

B) Roberts

C) Kennedy

D) Rehnquist

E) Burger

54) Which of the following best describes the ideological distribution of the Supreme Court today?

A) heavily conservative

B) slightly conservative

C) ideologically neutral, with equal numbers of conservatives and liberals

D) slightly liberal

E) heavily liberal

55) Of the members of the Supreme Court in 2016, which one had the closest confirmation vote in the Senate?

A) Samuel Alito

B) Anthony Kennedy

C) Sonia Sotomayor

D) Elena Kagan

E) Clarence Thomas

56) Which of the following Supreme Court justices is most liberal?

A) Ruth Bader Ginsburg

B) John Roberts

C) Anthony Kennedy

D) Clarence Thomas

E) Samuel Alito

57) Which of the following Supreme Court justices is generally viewed as the most conservative?

A) Anthony Kennedy

B) Ruth Bader Ginsburg

C) Clarence Thomas

D) Sonia Sotomayor

E) Elena Kagan

58) Gallup opinion polls show that the public trusts the judicial branch

A) less than both the legislative branch and the executive branch.

B) more than both the legislative branch and the executive branch.

C) more than the legislative branch, but less than the executive branch.

D) more than the executive branch, but less than the legislative branch.

E) about the same as it does both the executive branch and the legislative branch.

59) Compare and contrast civil and criminal law.

60) Define and discuss the principle of stare decisis.

61) Compare and contrast original and appellate jurisdiction.

62) Describe the function of oral arguments in the process of the Supreme Court.

63) Identify the differences between concurring opinions and dissenting opinions.

64) Define judicial activism, and provide an example of a Supreme Court decision that resulted from this stance.

65) Discuss judicial restraint and why some judges choose to practice it.