Chapter 7: The Courts and Judiciary

Test Bank

Multiple Choice

1. What doctrine allows higher courts to reexamine the decisions of the lower courts?

A. judicial review

B. judicial independence

C. judicial activism

D. judicial politicism

2. Which of the following cases overturned the separate-but-equal doctrine?

A. Plessy v. Ferguson

B. Brown v. Board of Education

C. Dred Scott v. Sandford

D. Berea College v. Kentucky

3. Justice Sandra Day O’Connor sometimes sided with the ideologically liberal justices, and sometimes sided with the ideologically conservative justices, but was not particularly ideological herself. She would be described as a ______.

A. left-leaning justice

B. constructionist justice

C. moderate justice

D. right-leaning justice

4. Dred Scott sued for his freedom in 1846 based on the fact that his master had taken him to free territories where slavery was not allowed. In the infamous Dred Scott v. Sandford (1857) decision, the U.S. Supreme Court denied Scott’s claim by arguing that the words in the Constitution could not be interpreted in a “more liberal construction” than what was meant when the document was originally adopted, when slavery was legal in all states. This decision would be an example of ______.

A. a centrist reading of the Constitution

B. judicial activism

C. the separate-but-equal doctrine

D. a strict interpretation of the Constitution

5. If a Supreme Court justice believes that the Constitution should be interpreted exactly as written, rather than examined in the context of the current social context, they would be advocating for ______.

A. strict interpretation

B. judicial activism

C. liberalism

D. centrism

6. In his dissent for the Roe v. Wade (1973) decision, Justice William Rehnquist stated “The drafters [of the Constitution] did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter.” Rehnquist was basing his decision on a(n) ______ interpretation of the Constitution.

A. activist

B. strict

C. liberal

D. centrist

7. A Supreme Court justice argues that it is vital for all justices to follow the legal principle of stare decisis, which states that judges should base their decisions on earlier precedent, rather than act to overturn earlier decisions. For this reason, they opposed the decision in Brown v. Board of Education. Which of the following terms would describe their view on interpreting law?

A. liberal interpretation

B. judicial activist interpretation

C. strict interpretation

D. moderate interpretation

8. In 2018, the Fifth U.S. Circuit Court of Appeals overturned a lower court’s ruling that the Texas Voter ID law unconstitutionally discriminated against minorities. They did so after engaging in ______, which allowed the court to examine the findings of a lower court decision.

A. judicial doctrine

B. judicial interpretation

C. judicial activism

D. judicial review

9. When the court determined in Plessy v. Ferguson (1896) that segregation did not violate the Fourteenth Amendment requiring equal protection under the law, the court established the ______ doctrine.

A. separate-but-equal

B. pro-segregationist

C. anti-miscegenation

D. judicial activism

10. What social science experiment provided evidence of the detrimental impact of segregation on Black schoolchildren in the Brown v. Board of Education (1954) Supreme Court case?

A. stop-and-frisk statistical analysis

B. clark doll experiment

C. Tuskegee experiment

D. Implicit Attitudes Test

11. What Supreme Court Case established the separate-but-equal doctrine?

A. Plessy v. Ferguson

B. Brown v. Board of Education

C. Dred Scott v. Sandford

D. Berea College v. Kentucky

12. Which of the following allows judges to employ a broad interpretation of the Constitution?

A. strict interpretation

B. judicial activism

C. separate-but-equal doctrine

D. judicial review

13. Which of the following describes a critique of judicial activism?

A. It does not take into account the social context of modern life.

B. It involves an interpretation of the Constitution that is too narrow.

C. It amounts to writing new law, which is a responsibility of the legislature, not the judiciary.

D. It focuses too much on literal meanings that cannot be correctly interpreted.

14. Which of the following reasons explains why justices were accused of engaging in judicial activism in the Roe v. Wade (1973) Supreme Court decision legalizing abortion?

A. They decided that abortion should be legal based on a broad interpretation of the Tenth Amendment.

B. They used the Fourteenth Amendment to argue that men and women were not granted the same reproductive rights without the legal right to abortion.

C. They used the First Amendment to define abortion as a right to free speech.

D. They strayed from the literal interpretation of the due process clause by establishing a new constitutional right to privacy.

15. What is the first step in the judicial process for a federal-level felony case?

A. A federal judge will arraign the defendant.

B. A federal grand jury will issue an indictment.

C. A U.S. attorney will introduce evidence from an investigation to a grand jury.

D. A U.S. attorney will issue an indictment.

16. What is the supreme law of the land in the United States?

A. U.S. Code

B. acts of Congress

C. state and federal law

D. U.S. Constitution

17. Federal judges are ______.

A. appointed by the president

B. chosen by a legislative committee

C. elected by the citizens

D. promoted through a merit process

18. Each state has a separate court system comprised of ______ levels.

A. two

B. three

C. four

D. six

19. ______ are the courts of last resort for the majority of state laws.

A. District courts

B. State supreme courts

C. Courts of common pleas

D. State appellate courts

20. In the United States, the dual court system means that ______.

A. the federal government has a court system distinct from the states

B. the courts have both a trial court and a court of appeals

C. states and the federal government have a separate civil and criminal court

D. unresolved cases can be automatically appealed to the Supreme Court

21. A case may be appealed to the U.S. Supreme Court by filing a writ of ______.

A. procedendo

B. mandamus

C. certiorari

D. quo warranto

22. The U.S. Supreme Court consists of one chief justice and ______ associate justices.

A. four

B. six

C. eight

D. ten

23. Supreme Court justices are ______.

A. up for reelection every 4 years

B. up for reelection every 6 years

C. appointed for a 5-year term

D. appointed for life

24. U.S. Supreme Court cases are heard by the full court. This is called ______.

A. pro se

B. en banc

C. propria persona

D. in camera

25. The majority of the cases that the Supreme Court hears involve ______.

A. unresolved civil lawsuits

B. disputes between states

C. constitutional issues

D. death sentence appeals

26. The rule of four determines ______.

A. the cases the federal district court will hear

B. the case the U.S. Supreme Court will hear

C. the cases the state trial courts will hear

D. the case the federal appellate courts will hear

27. Traffic court is an example of a ______.

A. court of limited jurisdiction

B. court of general jurisdiction

C. appellate court

D. court of last resort

28. Which term refers to a particular court’s power to make legal decisions and judgments?

A. de jure

B. corpus juris

C. jurisprudence

D. jurisdiction

29. The ______ has jurisdiction over U.S. Customs issues.

A. U.S. Court of Federal Claims

B. U.S. Court of International Trade

C. U.S. Supreme Court

D. D.C. Circuit Court

30. A pro se case is one that is ______.

A. filed using a public defender

B. filed after all appeals have been exhausted

C. presented in front of a judge rather than a jury

D. filed without the aid of legal representation

31. A(n) ______ is a formal charge against an individual typically presented by the prosecutor.

A. information

B. indictment

C. subpoena

D. warrant

32. A formal accusation that an individual has committed a criminal act, typically presented by a grand jury, is called a(n) ______.

A. information

B. indictment

C. subpoena

D. warrant

33. The majority of cases in state courts are ______ cases.

A. criminal

B. civil

C. small claims

D. probate

34. The ______ guarantees the right to a speedy trial.

A. Fourth Amendment

B. Fifth Amendment

C. Sixth Amendment

D. Eighth Amendment

35. Judges prefer that cases ______.

A. go to trial by jury

B. go to a bench trial

C. are dismissed outright

D. are settled by plea bargain

36. The goal of problem-solving court is ______.

A. to punish the offender

B. to provide treatment and reduce recidivism

C. to incapacitate the offender

D. to deter criminal activity in general

37. ______ is a type of alternative dispute resolution that ends in a binding agreement.

A. Mediation

B. Arbitration

C. Negotiation

D. Small claims

38. ______ is an informal proceeding with a neutral third party that encourages parties to settle disputes, however, the parties may or may not come to a solution.

A. Mediation

B. Arbitration

C. Negotiation

D. Small claims court

39. ______ is another name for problem-solving courts.

A. Special interest courts

B. Specialized courts

C. Rocket-docket courts

D. Appeals courts

40. Which of the following describes a difference between specialized courts and traditional courts?

A. Specialized courts focus on alternatives to incarceration, whereas traditional courts are focused on restorative justice.

B. Specialized courts are more punitive than traditional courts.

C. Specialized courts are nonadversarial, whereas traditional courts are adversarial.

D. Specialized courts are less collaborative than traditional courts.

41. Which type of specialized court focuses entirely on victim safety and offender accountability?

A. alternative dispute resolution courts

B. veterans’ treatment courts

C. drug courts

D. domestic violence courts

42. Elaine’s elderly mother was injured in the nursing home due to employee negligence. The contract she signed required her to engage in a form of alternative dispute resolution called ______, where a neutral third party reviewed the case and determined that Elaine and her mother deserved a cash settlement.

A. mediation

B. negotiation

C. arbitration

D. litigation

43. The merit selection plan for selecting judges is also called the ______ plan.

A. Ohio

B. Pennsylvania

C. Mississippi

D. Missouri

44. In a ______ trial, the judge hears the evidence without a jury present before making a ruling.

A. in camera

B. bench

C. show

D. state

45. After voire dire, a defense attorney asks for a juror to be dismissed due to the fact that the juror demonstrated explicit racial bias. The trial judge denied that challenge, and the defendant, was ultimately convicted. Based on what you’ve learned, which of the following would be a valid conclusion to draw from this example?

A. The defense attorney neglected to remove a biased juror, which would be grounds for appeal.

B. If the prosecutor attempted to appeal the verdict, this would violate the defendant’s protection against double jeopardy.

C. The judge made an error when denying a challenge for cause, which is grounds for appeal.

D. The judge should file an appeal to fix their error.

46. Which of the following describes a role of the judge in the courtroom?

A. Judges present the state’s case to the jury.

B. Judges appeal convictions.

C. Judges charge the defendant.

D. Judges sentence the offender.

47. Which of the following is an argument made in support of the Missouri Plan?

A. Judges should be appointed to avoid political influence.

B. Prosecutors should have more power than defense attorneys in the courtroom.

C. Trials should be nonadversarial.

D. Punishment for offenders should be based on deterrence.

48. Which of the following is an argument made by opponents of the Missouri Plan?

A. A merit selection system would promote accountability.

B. The electorate should have a voice in selecting their judges.

C. Campaign contributions may impact judicial impartiality.

D. Judges should be selected by the governor of a state.

49. A judge commits several errors during a trial. As a result, the defendant is acquitted. Why is it impossible for the prosecutor to appeal the trial on the grounds that the judge made legal errors?

A. Because the prosecutor would be guilty of using hearsay.

B. Because judicial errors cannot be used as grounds for appeal.

C. Because trying the defendant again would violate their Fifth Amendment protection against double jeopardy.

D. Because the Constitution does not allow appeals unless the judge overseeing the case agrees.

50. Who was the first Black U.S. Supreme Court justice?

A. Thurgood Marshall

B. John Rock

C. Clarence Thomas

D. James Parsons

51. How many U.S. Supreme Court justices have been women?

A. zero

B. two

C. four

D. six

52. Who was the first Hispanic U.S. Supreme Court justice?

A. Miriam Naveria de Rodon

B. Sonia Sotomayor

C. Alberto Gonzalez

D. Pedro Capo-Rodriquez

53. Which Supreme Court case based their ruling on the belief that the primary roles of women in society were to act as wife and mother?

A. Hernandez v. Texas

B. Examining Board v. Flores de Otero

C. Bradwell v. State of Illinois

D. Arizona v. United States

54. Of 112 justices on the Supreme Court, only 4 have been ______.

A. impeached

B. openly LGBTQ

C. Asian

D. women

55. According to your text, which of the following arguments were used to deny women the right to work in law?

A. Women lacked intelligence.

B. Women would be biased against men.

C. Women would be too political.

D. Women would be more likely to be judicial activists.

56. Which of the following arguments describes a benefit of appointing female judges?

A. Women are more intelligent than men about legal matters due to their superior English skills.

B. Women would improve the quality of justice due to their understanding of the unique challenges facing women in society.

C. Women are more nurturing and empathetic than men.

D. Women are less likely to be influenced by the attractiveness of defendants in the courtroom.

57. Which judge was the first noncitizen judge in the United States based on his racial classification?

A. Alberto Gonzalez

B. Miriam Neveira de Rodon

C. Macon Bolling Allen

D. Irvin Mollison

58. Which of the following officially, and irrevocably, ended the institution of slavery in every state of the United States?

A. Gettysburg Address

B. Emancipation Proclamation

C. Fourteenth Amendment

D. Thirteenth Amendment

59. In 2016, Judge Aaron Pensky sentenced a student athlete at Stanford University named Brock Turner to 6 months in jail for sexual assault because of concerns about the impact on Turner’s future. Pensky was accused of denying justice to the victim because he identified more with the perpetrator, as Pensky was also a former student athlete at Stanford. What is one interpretation of this controversial case based on what you learned in your text?

A. Increased gender and racial diversity in the judiciary would improve the quality of justice.

B. White men should not preside over cases involving White male perpetrators.

C. The case should have been appealed by the prosecution to ensure the victim received justice.

D. If the judge had been selected by the merit system, rather than elected, he would have been less politically partisan.

60. Who was the first Hispanic Attorney General in the United States?

A. Eric Holder

B. Alberto Gonzalez

C. Sonia Sotomayor

D. Miriam Neveira de Rodon

61. Which Supreme Court case decided that the Fourteenth Amendment granted equal protections to Mexican Americans and other racial groups?

A. Hernandez v. Texas

B. Examining Board v. Flores de Otero

C. Bradwell v. State of Illinois

D. Arizona v. United States

62. ______ appointed the first Black man to serve as a federal judge.

A. Abraham Lincoln

B. Harry Truman

C. Lyndon B. Johnson

D. John F. Kennedy

63. Which of the following describes a difference between how misdemeanor cases and felony cases move through the court system?

A. In felony cases, defendants will engage in plea bargaining before their initial appearance.

B. In misdemeanor cases, the defendant is only given legal representation during the plea bargaining stage.

C. In felony cases, defendants are required to enter a plea during their initial appearance.

D. In misdemeanor cases, defendants typically enter a plea during the initial appearance.

64. According to your text, what is a benefit for courts using electronic documents?

A. The use of electronic documents saves time and money.

B. Electronic documents are more easily searched by journalists covering the case.

C. The use of electronic documents benefits the court by justifying technology upgrades.

D. Electronic documents alleviate court congestion.

65. A suspect has been taken into custody by the police. What is the next step in the movement of this case through the criminal justice system?

A. The suspect enters into plea negotiations.

B. The suspect is given the option to appeal their custody.

C. A search warrant of the suspects’ property is approved by the judge.

D. The suspect will be brought before the judge for their initial appearance.

1. Strict interpretation of the Constitution focuses on the literal meaning of the language contained in the document.

2. Obergefell v. Hodges held that same-sex couples have a constitutional right to marry.

3. The United States has a combined federal and state court system.

4. Federal courts will not hear cases involving state law unless the laws are in conflict or the issue is appealed as a constitutional matter.

5. A Supreme Court justice can be impeached and removed from the bench for serious misbehavior.

6. The Supreme Court is required to hear all cases that it receives from a lower court.

7. A majority of Supreme Court cases are decided without oral arguments.

8. State supreme courts are sometimes called the state court of appeals.

9. In federal court, all felony prosecutions must be initiated by indictment.

10. Trial courts are courts of limited jurisdiction.

11. Courts of limited jurisdiction hear cases involving felonies.

12. The Sixth Amendment defines a speedy trial as occurring within 3 months of arrest.

13. Court congestion is the result of a lack of practicing attorneys.

14. Problem-solving courts typically focus on first-time nonviolent offenders.

15. Over half of all drug courts target juvenile offenders.

16. Veterans courts are designed to treat the underlying causes of behaviors that have resulted in criminal offenses.

17. Judges are commonly ranked as one of the most respected professions.

18. A municipal judge may not have a law degree.

19. The first female lawyer successfully sued to practice law based upon the 14th Amendment’s Privileges and Immunities Clause.

20. The first African American judge in the United States was not considered a citizen under the Constitution.

1. Explain what is meant by judicial activism.

2. Explain how a case comes before the U.S. Supreme Court.

3. Describe the structure and jurisdiction of the U.S. Court of Appeals.

4. Describe how federal courts differ from state courts.

5. Identify the five elements of drug court.

6. Explain the purpose of domestic violence courts.

7. Explain the purpose of veterans’ treatment courts.

8. Compare alternative dispute resolution to traditional courts.

9. Describe the duties and responsibilities of judges.

10. Describe how technology has been used to improve the judiciary.

1. Explain the difference between general and limited jurisdiction.

2. Explain how the Sixth Amendment right to a speedy trial has been interpreted.

3. Compare the positive and negative aspects of delayed trials.

4. Explain how problem-solving courts differ from traditional courts.

5. Explain the controversy and debate surrounding the selection of judges.