Complete Test Bank The Judicial Branch Ch.13 5th Edition

Chapter 13: The Judicial Branch

Test Bank

Type: multiple choice question

Title: Chapter 16 Question 01

1) Appellate courts hear cases from the

Feedback: conceptual

a. Supreme Court.

b. lower courts.

c. courts of dual jurisdiction.

d. courts of upper jurisdiction.

Type: multiple choice question

Title: Chapter 16 Question 02

2) According to Alexander Hamilton, the weakest of the three branches of government was

Feedback: conceptual

a. Congress.

b. the presidency.

c. the judiciary.

d. the bureaucracy.

Type: multiple choice question

Title: Chapter 16 Question 03

3) The annual U.S. criminal caseload is _______ cases.

Feedback: factual

a. 25 million

b. 35–40 million

c. 200–300 million

d. 10 million

Type: multiple choice question

Title: Chapter 16 Question 04

4) Federal cases equal about what percentage of the volume in state courts?

Feedback: factual

a. 1 percent

b. 5 percent

c. 50 percent

d. 75 percent

Type: multiple choice question

Title: Chapter 16 Question 05

5) Most industrial nations rely on mediation in

Feedback: applied

a. criminal cases.

b. nonlegal cases.

c. noncriminal cases.

d. foreign policy cases.

Type: multiple choice question

Title: Chapter 16 Question 06

6) The use of a third party to solve a legal dispute most likely refers to the process called

Feedback: conceptual

a. litigation.

b. mediation.

c. civic relations.

d. adjudication.

Type: multiple choice question

Title: Chapter 16 Question 07

7) Today there are more than _______ lawyers in the United States.

Feedback: factual

a. 5 million

b. 10 million

c. 1.1 million

d. 12 million

Type: multiple choice question

Title: Chapter 16 Question 08

8) According to Alexis de Tocqueville, “There is hardly any political question in the United States which does not, sooner or later, turn into a _______.”

Feedback: applied

a. judicial one.

b. Congressional battle.

c. Supreme Court case.

d. party platform.

Type: multiple choice question

Title: Chapter 16 Question 09

9) The case involving the halting of a presidential ballot count was

Feedback: factual

a. Bush v. Gore.

b. Brown v. Board.

c. McCullough v. Maryland.

d. Mendez v. Westminster.

Type: multiple choice question

Title: Chapter 16 Question 10

10) The original Supreme Court had how many justices?

Feedback: conceptual

a. Five

b. Seven

c. Nine

d. Eleven

Type: multiple choice question

Title: Chapter 16 Question 11

11) One of the unusual things about the courts is that

Feedback: conceptual

a. the number of Supreme Court justices has remained the same.

b. the Constitution did not specify the number of Supreme Court justices.

c. Congress has very little role in shaping the courts.

d. the president has very little role in influencing who is on the courts.

Type: multiple choice question

Title: Chapter 16 Question 12

12) The concept of judicial federalism means that

Feedback: conceptual

a. the United States has one main court system.

b. the courts should be judicious in making relevant decisions.

c. there is both a federal and a state court system in the United States.

d. state courts are stronger than federal courts.

Type: multiple choice question

Title: Chapter 16 Question 13

13) The ultimate arbiter of all cases is the

Feedback: factual

a. trial court.

b. superior court.

c. United States Supreme Court.

d. federal court.

Type: multiple choice question

Title: Chapter 16 Question 14

14) Today, the Supreme Court hears roughly _______ cases a year.

Feedback: factual

a. 200­–300

b. 70–80

c. 1,000

d. 10,000

Type: multiple choice question

Title: Chapter 16 Question 15

15) In what year was the number of Supreme Court justices set at nine?

Feedback: applied

a. 1797

b. 1812

c. 1869

d. 1962

Type: multiple choice question

Title: Chapter 16 Question 16

16) The high-profile cases Bush v. Gore and Roe v. Wade were similar in that

Feedback: conceptual

a. both addressed welfare concerns.

b. both began in state courts.

c. both addressed election concerns.

d. both focused on the right to privacy.

Type: multiple choice question

Title: Chapter 16 Question 17

17) Most state judges

Feedback: factual

a. are appointed for life.

b. are selected by state legislatures.

c. are elected by the public.

d. have terms that are not renewable.

Type: multiple choice question

Title: Chapter 16 Question 18

18) How are judges selected?

Feedback: conceptual

a. By public vote

b. By governor’s appointment

c. By presidential appointment

d. All of the above

Type: multiple choice question

Title: Chapter 16 Question 19

19) Cases involving acts of terror, insider trading, and immigration would be heard by

Feedback: applied

a. state trial courts.

b. federal trial courts.

c. state appeals courts.

d. state supreme courts.

Type: multiple choice question

Title: Chapter 16 Question 20

20) A district court is a

Feedback: conceptual

a. state appellate court.

b. state trial court.

c. federal trial court.

d. federal appellate court.

Type: multiple choice question

Title: Chapter 16 Question 21

21) Today there are _______ district courts.

Feedback: factual

a. five

b. ten

c. ninety-four

d. two hundred

Type: multiple choice question

Title: Chapter 16 Question 22

22) Texas and California have _______ than other states.

Feedback: applied

a. fewer district courts

b. more district courts

c. more powerful district courts

d. weaker district courts

Type: multiple choice question

Title: Chapter 16 Question 23

23) District court judges are appointed by

Feedback: conceptual

a. Congress.

b. the governor.

c. the president.

d. the state legislature.

Type: multiple choice question

Title: Chapter 16 Question 24

24) The role of the circuit courts is to

Feedback: conceptual

a. review the trial record of cases decided in district court.

b. review the trial record of cases decided in state trial courts.

c. review the trial record of cases decided in state appellate courts.

d. review the record of cases decided in mediation.

Type: multiple choice question

Title: Chapter 16 Question 25

25) There are _______ federal appellate courts.

Feedback: factual

a. ninety-four

b. ten

c. thirteen

d. seventy-five

Type: multiple choice question

Title: Chapter 16 Question 26

26) A significant difference between federal appellate courts and federal district courts is that

Feedback: applied

a. there are more federal appellate courts.

b. federal appellate courts are more interested in examining new evidence.

c. federal appellate courts do not impanel juries or examine witnesses.

d. federal district courts do not impanel juries or examine witnesses.

Type: multiple choice question

Title: Chapter 16 Question 27

27) Circuit courts review cases decided in

Feedback: applied

a. small-claims courts.

b. district courts.

c. bankruptcy courts.

d. military courts.

Type: multiple choice question

Title: Chapter 16 Question 28

28) Specialized courts hear cases on

Feedback: factual

a. immigration.

b. tax disputes.

c. treason.

d. civil rights.

Type: multiple choice question

Title: Chapter 16 Question 29

29) Specialized court judges differ from regular federal judges in that

Feedback: conceptual

a. they are older on average than federal judges.

b. they are not appointed for life.

c. they do not require Senate confirmation.

d. they must be appointed by a governor.

Type: multiple choice question

Title: Chapter 16 Question 30

30) If there were a breach of justice by a member of the military, the case would be heard by

Feedback: conceptual

a. a district court judge.

b. a military judge.

c. an appellate court.

d. a state judge.

Type: multiple choice question

Title: Chapter 16 Question 31

31) Specialized courts are often referred to as the

Feedback: conceptual

a. first judiciary.

b. second judiciary.

c. third judiciary.

d. gang of four.

Type: multiple choice question

Title: Chapter 16 Question 32

32) Which of the following is true?

Feedback: factual

a. There is great diversity among federal judges.

b. More than three-quarters of federal judges are white.

c. Federal judges must be natural-born citizens.

d. Most federal judges are female.

Type: multiple choice question

Title: Chapter 16 Question 33

33) The longest-serving chief justice in U.S. history was

Feedback: factual

a. John Jay.

b. John Marshall Harlan.

c. John Marshall.

d. Earl Warren.

Type: multiple choice question

Title: Chapter 16 Question 34

34) The principle that enables the courts to check the other two branches of government is known as

Feedback: applied

a. legal authority.

b. judicial autonomy.

c. judicial review.

d. statutory relief.

Type: multiple choice question

Title: Chapter 16 Question 35

35) The principle of judicial review is traced back to the case of

Feedback: factual

a. McCullough v. Maryland.

b. Gibbons v. Ogden.

c. Marbury v. Madison.

d. Plessy v. Ferguson.

Type: multiple choice question

Title: Chapter 16 Question 36

36) Judicial review allows the courts to

Feedback: conceptual

a. check only Congress, if it has exceeded constitutional authority.

b. check the executive and legislative branches, if they have exceeded constitutional authority.

c. check only the executive branch, if it has exceeded constitutional authority.

d. check the military.

Type: multiple choice question

Title: Chapter 16 Question 37

37) Judicial review is _______ in the Constitution.

Feedback: factual

a. clearly mentioned

b. vaguely mentioned

c. not mentioned

d. reflected through the Judiciary Act of 1789

Type: multiple choice question

Title: Chapter 16 Question 38

38) The statement “When there is doubt about what the Constitution holds or implies, the Supreme Court makes the call” refers to the principle of

Feedback: applied

a. stare decisis.

b. judicial review.

c. certiorari.

d. senatorial courtesy.

Type: multiple choice question

Title: Chapter 16 Question 39

39) After Marbury v. Madison, which of the following occurred?

Feedback: conceptual

a. The Court frequently invalidated acts of Congress.

b. The Court frequently invalidated executive decisions.

c. The Court did not overrule an act of Congress until the Missouri Compromise in 1854.

d. The Court supported African American rights in the Dred Scott decision.

Type: multiple choice question

Title: Chapter 16 Question 40

40) The issue of whether enemy combatants could get a fair trial was decided by

Feedback: conceptual

a. the president.

b. the Supreme Court.

c. Congress.

d. a state court.

Type: multiple choice question

Title: Chapter 16 Question 41

41) Cases in which the Supreme Court has struck down statutes that supported segregation policy show

Feedback: applied

a. judicial activism.

b. legal rationalism.

c. judicial restraint.

d. strict constructionism.

Type: multiple choice question

Title: Chapter 16 Question 42

42) Which describes the idea that the Supreme Court can take a vigorous or active approach when reviewing the other governmental branches?

Feedback: conceptual

a. Judicial activism

b. Judicial restraint

c. Legal activism

d. Common law practice

Type: multiple choice question

Title: Chapter 16 Question 43

43) Which describes the idea that the Supreme Court should be reluctant to overturn the elected branches of government?

Feedback: conceptual

a. Judicial reproach

b. Judicial restraint

c. Judicial activism

d. Loose constructionism

Type: multiple choice question

Title: Chapter 16 Question 44

44) The early English legal system was known as

Feedback: factual

a. majority rule.

b. the Magna Carta.

c. the common law.

d. common precedent.

Type: multiple choice question

Title: Chapter 16 Question 45

45) Judicial cases today may be important tomorrow because they establish

Feedback: applied

a. a principle of judicial review.

b. a precedent.

c. a legal consequence.

d. a civil law.

Type: multiple choice question

Title: Chapter 16 Question 46

46) In making a legal decision on a case, a judge may follow the _______ set in past case law.

Feedback: applied

a. precedent

b. civil law

c. criminal law

d. home rule

Type: multiple choice question

Title: Chapter 16 Question 47

47) A person charged with theft will face the rules and consequences under

Feedback: conceptual

a. criminal law.

b. civil law.

c. business law.

d. common law.

Type: multiple choice question

Title: Chapter 16 Question 48

48) The person bringing the action in a lawsuit is called the

Feedback: factual

a. prosecutor.

b. litigator.

c. defendant.

d. plaintiff.

Type: multiple choice question

Title: Chapter 16 Question 49

49) The person being sued in a civil case is known as the

Feedback: factual

a. respondent.

b. plaintiff.

c. defendant.

d. petitioner.

Type: multiple choice question

Title: Chapter 16 Question 50

50) The chief justice during the Brown v. Board of Education case was

Feedback: factual

a. Oliver Wendell Holmes.

b. Louis Brandeis.

c. Hugo Black.

d. Earl Warren.

Type: multiple choice question

Title: Chapter 16 Question 51

51) Federal court judges differ from members of the executive and legislative branches of government in that they

Feedback: conceptual

a. are above politics.

b. serve for shorter periods.

c. are all from the same political party.

d. do not have an electoral base.

Type: multiple choice question

Title: Chapter 16 Question 52

52) The Supreme Court is in session

Feedback: factual

a. all year round.

b. for nine months of the year.

c. for six months of the year.

d. for eleven months of the year.

Type: multiple choice question

Title: Chapter 16 Question 53

53) A brief submitted to a court by a person or group that is not a direct party to the case is called

Feedback: factual

a. an amicus curiae brief.

b. a third-party brief.

c. a legal extension.

d. case law.

Type: multiple choice question

Title: Chapter 16 Question 54

54) Which of the following plays a role in the Supreme Court’s selection of cases to hear?

Feedback: factual

a. The gang of four

b. The rule of four

c. The process of advise and consent

d. The rule of twelve

Type: multiple choice question

Title: Chapter 16 Question 55

55) Which of the following is essential for having a case heard by the Supreme Court?

Feedback: conceptual

a. Standing to bring the case

b. Legitimate controversy

c. No moot cases

d. All of the above

Type: multiple choice question

Title: Chapter 16 Question 56

56) Standing to bring a case refers to which of the following?

Feedback: conceptua

a. Due process concerns

b. A party’s actual harm

c. The court that will hear the case

d. The justiciability of the matter

Type: multiple choice question

Title: Chapter 16 Question 57

57) Supreme Court clerks are usually

Feedback: factual

a. first-year law students.

b. lawyers between firms.

c. recent law school graduates.

d. Harvard law professors.

Type: multiple choice question

Title: Chapter 16 Question 58

58) The official statement of the Court at the conclusion of a case is known as

Feedback: factual

a. the dissenting opinion.

b. the majority opinion.

c. the concurrent opinion.

d. the remand.

Type: multiple choice question

Title: Chapter 16 Question 59

59) A justice that agrees with the majority opinion but for different reasons may write a

Feedback: applied

a. differing opinion.

b. concurrent opinion.

c. dissenting opinion.

d. circulatory opinion.

Type: multiple choice question

Title: Chapter 16 Question 60

60) The statement on behalf of the justices voting in the minority is called the

Feedback: factual

a. dissenting opinion.

b. concurrent opinion.

c. differing opinion.

d. legal treatise.

Type: multiple choice question

Title: Chapter 16 Question 61

61) Justices are guided by the concept of _______ in making legal decisions.

Feedback: conceptual

a. the common law

b. stare decisis

c. devolution

d. the rule of four

Type: multiple choice question

Title: Chapter 16 Question 62

62) “Stand by the things decided” is the definition for which Latin term?

Feedback: conceptual

a. Certiorari

b. Mandamus

c. Habeas corpus

d. Stare decisis

Type: multiple choice question

Title: Chapter 16 Question 63

63) Political scientists have generally found that justices’ decisions are most closely tied to

Feedback: conceptual

a. their political ideologies.

b. the facts in the case at hand.

c. the involvement of Congress.

d. the role of publicity in the case.

Type: multiple choice question

Title: Chapter 16 Question 64

64) A judge who considers the Constitution a living and changing document is known as a

Feedback: applied

a. theorist.

b. pragmatist.

c. rationalist.

d. legalist.

Type: multiple choice question

Title: Chapter 16 Question 65

65) A judge who interprets the Constitution literally is known as

Feedback: applied

a. a legalist.

b. a loose constructionist.

c. an originalist.

d. a pragmatist.

Type: multiple choice question

Title: Chapter 16 Question 66

66) The idea that judges are influenced by their peers in making legal decisions reflects the principle of

Feedback: applied

a. originalism.

b. pragmatism.

c. collegiality.

d. legalism.

Type: multiple choice question

Title: Chapter 16 Question 67

67) The principle of judicial review was set forth by which Supreme Court justice in the case of Marbury v. Madison?

Feedback: conceptual

a. Robert Taney

b. John Marshall

c. Hugo Black

d. John Marshall Harlan

Type: multiple choice question

Title: Chapter 16 Question 68

68) McCulloch v. Maryland was important to court development because

Feedback: conceptual

a. it allowed the federal government to tax the states.

b. it evoked the full faith and credit clause to block the state of Maryland from taxing the bank of the United States.

c. it advanced the “dual federalist” balance.

d. it allowed the states to create complex interstate compacts.

Type: multiple choice question

Title: Chapter 16 Question 69

69) The outcome of McCulloch v. Maryland affirmed the principle that

Feedback: conceptual

a. the federal government is superior to state governments.

b. state governments are superior to the federal government in most instances.

c. state governments and the federal government have equal power.

d. states can use state mandates to trump federal power.

Type: multiple choice question

Title: Chapter 16 Question 70

70) The court ruled in Santa Clara Co. v. Southern Pacific Railroad that corporations

Feedback: conceptual

a. were entitled to Fourteenth Amendment protection.

b. should be taxed differently than persons.

c. were not entities separate from the stockholders.

d. must pay income tax.

Type: multiple choice question

Title: Chapter 16 Question 71

71) The famous case that denied civil rights to former slaves was

Feedback: factual

a. Plessy v. Ferguson.

b. Dred Scott v. Sandford.

c. Marbury v. Madison.

d. Guinn v. United States.

Type: multiple choice question

Title: Chapter 16 Question 72

72) A key principle in the Dred Scott case was that slaves could not sue because

Feedback: conceptual

a. they did not have enough money.

b. they lacked standing to sue.

c. their cases were common law concerns.

d. their cases were not federal.

Type: multiple choice question

Title: Chapter 16 Question 73

73) Santa Clara Co. v. Southern Pacific Railroad was significant because

Feedback: conceptual

a. it was the first case about the transcontinental railroad.

b. the courts treated corporations as legal persons.

c. the state of California wanted to tax a federal railroad.

d. the state of Nevada wanted to tax a California railroad.

Type: multiple choice question

Title: Chapter 16 Question 74

74) The idea that a corporation was a legal person meant that

Feedback: applied

a. corporations did not have to pay federal taxes.

b. corporations were protected under the equal protection clause of the Thirteenth Amendment.

c. corporations were protected under the equal protection clause of the Fourteenth Amendment.

d. corporations could use their own lawyers during trials.

Type: multiple choice question

Title: Chapter 16 Question 75

75) Black equality was promoted through which amendments?

Feedback: factual

a. Seventh, Eighth, and Ninth

b. Thirteenth, Fourteenth, and Fifteenth

c. First, Second, and Third

d. Fifth, Eighth, and Ninth

Type: multiple choice question

Title: Chapter 16 Question 76

76) In Plessy v. Ferguson, the dissenting justice stated that the Constitution was

Feedback: conceptual

a. not applicable in this case.

b. color blind.

c. for all people.

d. silent on separation issues.

Type: multiple choice question

Title: Chapter 16 Question 77

77) The outcome of Plessy v. Ferguson was

Feedback: conceptual

a. fair and equal treatment for all people.

b. the promotion of desegregation with all deliberate speed.

c. the separate but equal policy.

d. the return of escaped slaves to the South.

Type: multiple choice question

Title: Chapter 16 Question 78

78) The sole dissenting voice in Plessy v. Ferguson was

Feedback: factual

a. John Marshall.

b. John Marshall Harlan.

c. Oliver Wendell Holmes.

d. Robert Taney.

Type: multiple choice question

Title: Chapter 16 Question 79

79) Lochner v. New York addressed concerns over

Feedback: conceptual

a. immigration.

b. workers’ rights.

c. health care.

d. national security.

Type: multiple choice question

Title: Chapter 16 Question 80

80) The Lochner era (1905–1937) was an era in which the courts

Feedback: factual

a. promoted workers’ rights.

b. addressed civil rights.

c. denied individual economic liberty.

d. denied workers’ rights.

Type: multiple choice question

Title: Chapter 16 Question 81

81) Muller v. Oregon was a case that

Feedback: factual

a. addressed the number of hours women could work.

b. addressed the rights of former slaves.

c. addressed the rights of farm workers.

d. addressed the concerns of corporations.

Type: multiple choice question

Title: Chapter 16 Question 82

82) The outcome of Schenck v. United States was

Feedback: conceptual

a. the bad tendency rule.

b. the clear and present danger test.

c. the imminent lawless action text.

d. the grave and probable danger test.

Type: multiple choice question

Title: Chapter 16 Question 83

83) In National Labor Relations Board v. Jones and Laughlin Steel Corporation, the Supreme Court supported

Feedback: applied

a. corporations.

b. workers’ rights.

c. women’s rights.

d. immigrant rights.

Type: multiple choice question

Title: Chapter 16 Question 84

84) The case that forced Japanese Americans into internment camps during World War II was

Feedback: factual

a. Korematsu v. United States.

b. Schenck v. United States.

c. Gitlow v. New York.

d. Plessy v. Ferguson.

Type: multiple choice question

Title: Chapter 16 Question 85

85) The Korematsu case was significant because it was

Feedback: conceptual

a. one of the first cases to use the strict scrutiny test.

b. one of the first cases to use the clear and present danger test.

c. one of the first cases to use the grave and probable danger test.

d. one of the first cases to use the bad tendency rule.

Type: multiple choice question

Title: Chapter 16 Question 86

86) The Santa Clara case set a precedent that was used to

Feedback: conceptual

a. allow corporations to vote.

b. allow “separate but equal” schools.

c. strike down campaign finance laws.

d. allow states to prefer males as administrators over estates.

Type: multiple choice question

Title: Chapter 16 Question 87

87) The case that overturned Plessy v. Ferguson was

Feedback: factual

a. Gitlow v. New York.

b. Guinn v. United States.

c. Korematsu v. United States.

d. Brown v. Board of Education of Topeka.

Type: multiple choice question

Title: Chapter 16 Question 88

88) The court in Brown v. Board stated that

Feedback: applied

a. separate schools are inherently unequal.

b. separate facilities of any kind are inherently unequal.

c. separate movie theaters are inherently unequal.

d. separate restrooms are inherently unequal.

Type: multiple choice question

Title: Chapter 16 Question 89

89) Mapp v. Ohio addressed concerns over the

Feedback: factual

a. Eighth Amendment.

b. Fourth Amendment.

c. Third Amendment.

d. Sixth Amendment.

Type: multiple choice question

Title: Chapter 16 Question 90

90) Gideon v. Wainwright was one of the first in a series of landmark judicial decisions addressing

Feedback: conceptual

a. the right to bear arms.

b. the right of free speech.

c. the rights of defendants in criminal proceedings.

d. the rights of immigrant workers.

Type: multiple choice question

Title: Chapter 16 Question 91

91) The case that struck down a Texas law outlawing abortion was

Feedback: factual

a. Roe v. Wade.

b. Mapp v. Ohio.

c. Gideon v. Wainwright.

d. Miranda v. Arizona.

Type: multiple choice question

Title: Chapter 16 Question 92

92) The case that addressed the right of the president to use executive privilege was

Feedback: conceptual

a. Roe v. Wade.

b. United States v. Nixon.

c. United States v. Ford.

d. Bush v. Gore.

Type: multiple choice question

Title: Chapter 16 Question 93

93) The president’s right to withhold sensitive national security information from Congress or the courts in certain situations involves the use of

Feedback: conceptual

a. executive orders.

b. executive pardons.

c. executive privilege.

d. executive agreements.

Type: multiple choice question

Title: Chapter 16 Question 94

94) The famous case that denied a Florida recount in the 2000 presidential election was

Feedback: factual

a. Gore v. Bush.

b. Bush v. Gore.

c. Kerry v. Bush.

d. Clinton v. Gore.

Type: multiple choice question

Title: Chapter 16 Question 95

95) The outcome of National Federation of Independent Business v. Sebelius was that

Feedback: conceptual

a. President Obama’s health-care plan was repealed.

b. President Obama’s health-care plan was legal because of Congress’s power to tax.

c. people did not have to pay for health care.

d. Congress had the power to tax under the interstate commerce clause.

Type: multiple choice question

Title: Chapter 16 Question 96

96) National Federation of Independent Business v. Sebelius took on controversial features of

Feedback: factual

a. union law.

b. taxation law.

c. health-care law.

d. bankruptcy law.

Type: multiple choice question

Title: Chapter 16 Question 97

97) An important question in National Federation of Independent Business v. Sebelius was whether Americans had to

Feedback: factual

a. pay union dues.

b. work overtime.

c. buy car insurance.

d. buy health insurance.

Type: multiple choice question

Title: Chapter 16 Question 98

98) The Supreme Court ruled in 2010 that Congress could not change the rules of _______ and require states to expand programs.

Feedback: factual

a. Medicaid

b. Medicare

c. higher education

d. highway systems

Type: multiple choice question

Title: Chapter 16 Question 99

99) Obergefell v. Hodges brought _______ to the Supreme Court.

Feedback: factual

a. tax evasion

b. same-sex marriage

c. health benefits

d. death rights

Type: multiple choice question

Title: Chapter 16 Question 100

100) The Supreme Court used the _______ amendment in deciding Obergefell v. Hodges.

Feedback: factual

a. First

b. Eleventh

c. Fourteenth

d. Twenty-second

Type: essay/short answer question

Title: Chapter 16 Question 101

101) What is the central role of the courts?

Feedback:

Interpret the law.

Can use judicial review to check other branches of government.

Type: essay/short answer question

Title: Chapter 16 Question 102

102) What is the difference between litigation and mediation?

Feedback:

Litigation involves settling a matter in a court of law.

Mediation involves the use of third parties to settle disputes outside of court.

Precedent is not applied in mediated cases.

Type: essay/short answer question

Title: Chapter 16 Question 103

103) What is a district court?

Feedback:

Trial court at the federal level.

There are ninety-four federal district courts.

Type: essay/short answer question

Title: Chapter 16 Question 104

104) What is a circuit court?

Feedback:

Appellate level of federal court system.

Review trial records of cases decided in district courts.

Type: essay/short answer question

Title: Chapter 16 Question 105

105) What are specialized courts?

Feedback:

Special courts that address military, tax, and bankruptcy concerns.

Judges serve terms rather than receiving lifetime appointments.

Type: essay/short answer question

Title: Chapter 16 Question 106

106) What is the “third judiciary”?

Feedback:

Specialized courts.

Address military, tax, and bankruptcy concerns.

Type: essay/short answer question

Title: Chapter 16 Question 107

107) What are the three kinds of courts at the state level?

Feedback:

Trial courts.

Courts of appeals.

State supreme court.

Type: essay/short answer question

Title: Chapter 16 Question 108

108) What is judicial review?

Feedback:

Established in the case of Marbury v. Madison (1803).

Courts can check both executive and legislative branches if they exceeded constitutional authority.

Type: essay/short answer question

Title: Chapter 16 Question 109

109) What is the difference between judicial activism and judicial restraint?

Feedback:

Judicial activism: court can overturn past precedent.

Judicial restraint: court interprets the Constitution literally.

Type: essay/short answer question

Title: Chapter 16 Question 110

110) What is the common law?

Feedback:

A system of law developed by judges in deciding cases.

Each decision is based not on a statute but on previous judicial decisions.

Type: essay/short answer question

Title: Chapter 16 Question 111

111) What is precedent?

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Judicial decisions that offer a guide to similar cases in the future.

Type: essay/short answer question

Title: Chapter 16 Question 112

112) What are four central constraints courts face?

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Courts have no electoral base.

Courts have relatively limited resources.

Courts are reactive decision makers.

Courts must rely on other branches for enforcement.

Type: essay/short answer question

Title: Chapter 16 Question 113

113) What is an amicus curiae brief?

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Brief submitted to a court by a person or group that is not a direct party to the case.

Type: essay/short answer question

Title: Chapter 16 Question 114

114) How many cases does the United States Supreme Court hear annually, and what are the procedural steps in the Court’s acceptance of a case?

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Court hears about eighty cases per year.

Rule of four.

Case must reflect broad public policy.

Court issues a writ of certiorari to lower court.

Type: essay/short answer question

Title: Chapter 16 Question 115

115) What are the necessary legal grounds for a case to be heard in court?

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Legitimate controversy.

Standing to bring case.

No moot cases.

Type: essay/short answer question

Title: Chapter 16 Question 116

116) What are the various types of court opinions?

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Majority opinion—official statement of the court.

Concurrent opinion—a statement that agrees with the majority opinion for different reasons.

Dissent—statement on behalf of the justices who voted in the minority.

Type: essay/short answer question

Title: Chapter 16 Question 117

117) What are the three ideological and partisanship issues that impact court decisions?

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Pragmatists—judges who see the Constitution as constantly changing.

Originalists—judges who interpret the Constitution strictly.

Collegiality—judges are influenced by their peers.

Type: essay/short answer question

Title: Chapter 16 Question 118

118) What is the significance of McCullough v. Maryland?

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State cannot tax a branch of the U.S. government.

Federal government's use of necessary and proper clause.

Federal law trumps state law when there is a conflict.

Type: essay/short answer question

Title: Chapter 16 Question 119

119) What is the significance of Dartmouth College v. Woodward?

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State of New Hampshire could not convert Dartmouth College from private to public institution.

State could not interfere with a contract involving private property.

Type: essay/short answer question

Title: Chapter 16 Question 120

120) What is the significance of Dred Scott v. Sandford?

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Slaves have no standing to sue.

Former slaves are not protected by the Constitution.

Type: essay/short answer question

Title: Chapter 16 Question 121

121) What is the significance of Santa Clara Co. v. Southern Pacific Railroad?

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Corporations are to be treated as legal persons.

This means they are protected by the Fourteenth Amendment of the Constitution.

Type: essay/short answer question

Title: Chapter 16 Question 122

122) What is the significance of Plessy v. Ferguson?

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Fourteenth Amendment is not designed to enforce social equality.

Established institutionalized segregation through separate but equal policy.

Type: essay/short answer question

Title: Chapter 16 Question 123

123) What is the significance of Lochner v. New York?

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Workers’ rights not protected.

Led to the thirty-year Lochner period, where workers received minimal protection.

Type: essay/short answer question

Title: Chapter 16 Question 124

124) What is the significance of Muller v. Oregon?

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Dealt with the rights of women workers.

Women viewed differently than men.

Type: essay/short answer question

Title: Chapter 16 Question 125

125) What is the significance of Schenck v. United States?

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Courts established clear and present danger test.

Boundaries on free speech.

Type: essay/short answer question

Title: Chapter 16 Question 126

126) What is the significance of Korematsu v. United States?

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Japanese Americans relocated to internment camps during World War II.

Use of strict scrutiny test.

Strict scrutiny is based on compelling governmental concerns.

Type: essay/short answer question

Title: Chapter 16 Question 127

127) What is the significance of National Labor Relations Board v. Jones and Laughlin Steel Corporation?

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Court reversed long-standing limits on workers’ rights.

Workers have basic rights, including the right to unionize.

Type: essay/short answer question

Title: Chapter 16 Question 128

128) What is the significance of United States v. Nixon?

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Courts can limit use of executive privilege.

Executive privilege cannot be used in a criminal case.

Type: essay/short answer question

Title: Chapter 16 Question 129

129) What is the significance of Bush v. Gore?

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Court stopped a recount of Florida’s electoral vote in the 2000 presidential election.

Based on equal protection clause.

Type: essay/short answer question

Title: Chapter 16 Question 130

130) What is the significance of National Federation of Independent Business v. Sebelius?

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Government does not have the right to require people to buy health-care insurance under the interstate commerce clause.

But government has a right to tax, and Obama health-care plan was viewed as a tax.

Type: essay/short answer question

Title: Chapter 16 Question 131

131) Why has trust in the courts declined in recent times?

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Many controversial cases decided.

Bush v. Gore case.

Judges are influenced by political ideologies.

Type: essay/short answer question

Title: Chapter 16 Question 132

132) Diagram both the federal and state court structures.

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State level: local trial courts 🡪 state appeals courts 🡪 highest state court of appeals.

Federal level: federal district courts 🡪 federal court of appeals🡪 United States Supreme Court.

Cases can be appealed to federal level from highest state court of appeal.

Type: essay/short answer question

Title: Chapter 16 Question 133

133) How do you think should states select their judges and why is this the best way?

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Let the people vote—general voting.

Appointment by governor—appointment with advice and consent of state senate.

Merit committees—use of special merit committees which can be approved or disapproved by the legislature.

Type: essay/short answer question

Title: Chapter 16 Question 134

134) What is the difference between a district court and an appellate court?

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District court is first court to hear case.

Use of juries.

Cross-examination.

Appellate court—second or third court to hear case.

No use of juries.

No cross-examination.

Need two of the three judges to reverse earlier ruling.

Type: essay/short answer question

Title: Chapter 16 Question 135

135) What are specialized courts?

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Viewed as the third judiciary.

Address military, tax, and bankruptcy concerns.

Judges serve specific terms.

Have addressed high-profile issues such as enemy combatants at Guantanamo Bay.

Type: essay/short answer question

Title: Chapter 16 Question 136

136) Provide an in-depth assessment of the changing role of the courts.

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At first, it was unclear whether courts would be equal to other branches.

John Marshall helped define the courts.

Several key cases: Marbury v. Madison, McCullough v. Maryland, Dartmouth College v. Woodward.

Type: essay/short answer question

Title: Chapter 16 Question 137

137) How have judicial activism and judicial restraint affected the courts?

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Judicial activism reflects the idea that past precedents can be overturned.

In area of civil rights, key case is Brown v. Board of Education.

National Labor Relations Board v. Jones and Laughlin Steel Corporation.

Judicial restraint: courts are more likely to interpret Constitution literally.

Type: essay/short answer question

Title: Chapter 16 Question 138

138) What are the two basic types of cases, and when would a case go to the federal courts?

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Criminal and civil cases.

In a criminal case, state or government versus defendant.

In a civil case, plaintiff versus defendant.

Federal courts: federal question or diversity of citizenship.

In civil case based on diversity of citizenship, dispute must involve residents of different states and an amount greater than $75,000.

Type: essay/short answer question

Title: Chapter 16 Question 139

139) Why could courts be considered the least dangerous branch?

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No electoral base.

Relatively limited resources.

Reactive decision makers.

Must rely on other branches for enforcement.

Type: essay/short answer question

Title: Chapter 16 Question 140

140) How does someone get a case heard by the Supreme Court?

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Must involve a broad public policy concern.

Must address a federal question.

Most cases requesting a hearing by the Supreme Court are turned down.

Court hears roughly seventy to eighty cases a year.

Rule of four.

Writ of certiorari.

Type: essay/short answer question

Title: Chapter 16 Question 141

141) How does the Supreme Court issue its findings?

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Majority opinion.

Concurrent opinion.

Dissenting opinion.

Type: essay/short answer question

Title: Chapter 16 Question 142

142) How are Supreme Court justices confirmed?

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Through advice and consent of Senate.

Can be controversial.

Case of Robert Bork.

Ultimately, Senate confirms more than 75 percent of presidential nominations.

Type: essay/short answer question

Title: Chapter 16 Question 143

143) How has ideology played a role in Supreme Court decision making?

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Role of pragmatists.

Role of originalists.

Role of collegiality.

Public believes that ideology plays a role in court decisions 75 percent of the time.

Type: essay/short answer question

Title: Chapter 16 Question 144

144) What are three cases that address states’ economic power?

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McCullough v. Maryland—role of necessary and proper clause.

Dartmouth College v. Woodward—Court limited terms of contracts involving private property.

Santa Clara v. Southern Pacific Railroad—defined corporations as legal persons.

Type: essay/short answer question

Title: Chapter 16 Question 145

145) How did Dred Scott v. Sandford and Plessy v. Ferguson set back black equality?

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Dred Scott denied blacks standing to sue.

Blacks were not given constitutional protections.

Plessy v. Ferguson limited Fourteenth Amendment rights.

Fourteenth Amendment was not designed to enforce social equality.

Led to separate but equal policy.

Type: essay/short answer question

Title: Chapter 16 Question 146

146) How have workers’ rights been addressed by the Supreme Court?

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Lochner v. New York—workers’ rights denied; focus on economic individualism.

Muller v. Oregon—women’s labor rights upheld.

National Labor Relations Board v. Jones and Laughlin Steel Corp.—workers’ right to unionize upheld.

Type: essay/short answer question

Title: Chapter 16 Question 147

147) How has national security been defined by the Supreme Court?

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Limits on free speech if it presents a clear and present danger.

Schenck v. United States.

Type: essay/short answer question

Title: Chapter 16 Question 148

148) What is strict scrutiny, and how did the Supreme Court use it during World War II?

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Under strict scrutiny, law must have been passed to further a compelling governmental interest.

Korematsu v. United States passed this test.

Many laws are struck down because they fail to pass the strict scrutiny test.

Type: essay/short answer question

Title: Chapter 16 Question 149

149) What is the significance of Mapp v. Ohio and Gideon v. Wainwright?

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Both cases address rights of criminal defendants.

Mapp v. Ohio pertains to Fourth Amendment and rules on search and seizure.

Gideon v. Wainwright—guarantees the right to counsel to a defendant who cannot afford an attorney.

Type: essay/short answer question

Title: Chapter 16 Question 150

150) How has the Supreme Court ruled on universal health care reforms?

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Upheld Obama health-care plan.

Courts cannot regulate interstate commerce.

But based on Congress’s power to tax, mandatory health insurance held constitutional.

Courts viewed this requirement as a tax.