The Judicial Branch Chapter 6 Exam Prep

Chapter 6: The Judicial Branch

Test Bank

Multiple Choice

1. The role of the judge in the common law tradition differs from the role of the judge in the civil law tradition in that judges in the common law tradition ______.

a. have much more discretion to interpret the law

b. are charged with finding the truth

c. play a much more active role in trials

d. do not rely on precedent as much as judges in the civil law tradition

Answer Location: 6.3: The American Legal System

Cognitive Domain: Knowledge

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

2. The legal system of the United States is ______.

a. based purely on common law tradition

b. a combination of common and civil law tradition

c. based purely on civil law tradition

d. a combination of civil and adversarial law tradition

Answer Location: 6.3: The American Legal System

Cognitive Domain: Knowledge

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

3. Which is a characteristic of the American legal system?

a. It is the system that makes policy and laws.

b. It is based solely on civil law tradition.

c. It is concerned primarily with a fair trial.

d. It is based on an inquisitorial system.

Answer Location: 6.3: The American Legal System

Cognitive Domain: Analysis

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

4. Laws that define what individuals can and cannot do are known as ______ laws.

a. civil

b. criminal

c. substantive

d. procedural

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Comprehension

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

5. A violation of civil law is called ______.

a. an infraction

b. a felony

c. a crime

d. a tort

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

6. If someone robs a bank, they have violated which type of law?

a. criminal law

b. civil law

c. administrative law

d. regulatory law

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Application

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

7. Laws that serve to define how laws are used, applied, and enforced are known as ______ laws.

a. substantive

b. procedural

c. statutory

d. administrative

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Comprehension

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

8. A president who signs a law into effect by his or her own accord is ______.

a. violating the Constitution

b. making an executive order

c. legislating new law

d. making executive law

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Application

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

9. ______ laws are created when a legislature passes a law stating a general policy intent.

a. Procedural

b. Administrative

c. Legislative

d. Laws of intent

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

10. What is the primary function of the judicial branch?

a. to pass laws and policies

b. to enforce existing laws and policies

c. to interpret and apply the law

d. to ensure the executive branch stays within its powers

Answer Location: 6.1: Introduction to the Judiciary

Cognitive Domain: Comprehension

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

11. The concept of judicial review, which allows the Courts to determine the constitutionality of laws, was established in which case?

a. Griswold v. Connecticut

b. McCulloch v. Maryland

c. Lochner v. New York

d. Marbury v. Madison

Answer Location: 6.1: Introduction to the Judiciary

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

12. Which statement regarding the dual court system is accurate?

a. State courts ultimately have power over national courts.

b. National courts do not have a type of entry-level court.

c. The establishment of state courts is not specifically outlined in the Constitution.

d. The Supreme Court is in charge of establishing all lower courts.

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

13. The right to ask a higher court to ensure that everything was handled properly and to review the process is called ______.

a. the right to a fair trial

b. the right to appeal

c. the right to reconsideration

d. the right to a retrial

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

14. How are the U.S. courts of appeals arranged?

a. in 13 circuits, representing the thirteen original colonies

b. in 4 circuits, representing the North, East, South, and West

c. in 50 circuits, with one in each state

d. in 12 circuits, representing geographic groupings and Washington, D.C.

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

15. Generally, decisions at the courts of appeals are made by a rotating panel of three judges. Rarely, however, the entire circuit will meet in what is called ______.

a. full consideration

b. en banc

c. a writ of certiorari

d. the nuclear option

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

16. What is the role of a judge in an adversarial legal system?

a. to be a neutral arbiter

b. to act as a fact-finder

c. to lead a show trial

d. to choose a jury

Answer Location: 6.3: The American Legal System

Cognitive Domain: Analysis

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

17. The National Football League’s movement of taking a knee was started to bring attention to ______.

a. social injustice toward African Americans

b. the political agenda of President Trump

c. the death of Trayvon Martin

d. the lives of police officers

Answer Location: 6.5: Equality and the Criminal Justice System

Cognitive Domain: Knowledge

Learning Objective: 6.4: Understand what equal justice really means

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

18. The two main approaches to interpreting the Constitution are ______.

a. judicial interpretivism and strict constitutionalism

b. judicial interpretivism and strict constructionism

c. judicial activism and strict constructionism

d. judicial interpretivism and judicial restraint

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Knowledge

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

19. Strict constructionists argue that there is no such thing as a ______.

a. constitutionally protected right to free speech

b. constitutional basis for executive privilege

c. constitutionally protected right to bear arms

d. constitutionally protected right to privacy

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Knowledge

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

20. A judicial interpretivist would likely agree that ______.

a. there is an implied basis for the right to privacy in the Constitution

b. the right to bear arms applies only to a militia

c. freedom of speech applies only to individuals and not corporations

d. the president has no basis to make executive orders

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Application

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

21. A writ of certiorari is ______.

a. a brief filed by interested parties to encourage the court to make a certain decision

b. a petition by the losing side in a lower court for the Supreme Court to hear an appeal

c. an order that a defendant be brought into court to hear the charges against him or her

d. an order by the Supreme Court to a lower court to rehear a case

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Knowledge

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Comprehension

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

22. What is the significance of the “Rule of Four”?

a. It determines which cases will be heard by the Supreme Court.

b. It gives some power to the minority on the Supreme Court.

c. It allows for part of the Supreme Court to hear certain cases.

d. It means that in dire cases only a minority is required to rule on a case.

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

23. Amicus curiae briefs are significant because ______.

a. they help to limit the influence of interest groups

b. they may influence whether the Supreme Court decides to hear a case

c. they benefit the government more than they benefit others

d. they expand the power of the Supreme Court

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

24. Suppose a case is heard at the court of appeals level in a circuit court by a panel of three judges, and then en banc, and the en banc panel denies the appeal. What is the final level of court to which the petitioner may appeal?

a. the D.C. Circuit Court

b. the 4th Circuit Court

c. the Supreme Court

d. the 13th Circuit Court

Answer Location: 6.4: Who’s Who and What’s What in a Court of Law?

Cognitive Domain: Knowledge

Learning Objective: 6.3: Understand what happens if you get involved in the legal system

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

25. What is the importance of a dissenting opinion?

a. It tells why a certain ruling was made and why that ruling was appropriate.

b. It provides additional insight into why a particular ruling was made.

c. It is written by the chief justice to give a rationale behind the decision.

d. It may provide justification when the Court is preparing to overrule itself.

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

26. Laws that are known in advance and apply the same way to everyone are known as ______.

a. rule of law

b. substantive laws

c. procedural laws

d. civil law tradition

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

27. What is the role of the American Bar Association (ABA) in terms of judicial appointments?

a. Any judge who does not have an ABA rating may not be appointed.

b. The ABA evaluates the legal qualifications of potential nominees.

c. The Senate uses the advice of the ABA when conducting confirmation hearings.

d. All potential justices must have a certain score with the ABA to be considered for appointment.

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Comprehension

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

28. What is the primary function of Article III, Section 1?

a. to establish the number of justices on the Supreme Court

b. to set educational standards of justices on the Supreme Court

c. to describe how the courts should be set up

d. to give the president the power to appoint federal judges

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Comprehension

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

29. Senate majority leader Harry Reid invoked the ______, which eliminated the filibuster on non‑Supreme Court nominees as a response to the backlog of cases and increased gridlock.

a. anti-filibuster movement

b. Constitution

c. expedited hearing

d. nuclear option

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

30. Which is a characteristic of the American legal system?

a. It is based on common law.

b. It is an inquisitorial system.

c. It is an adjudication system.

d. It is based on judges acting as fact-finders.

Answer Location: 6.3: The American Legal System

Cognitive Domain: Knowledge

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

31. Alexander Hamilton argued ______ that the judicial branch would be the least dangerous branch as it had no power over the sword or the purse.

a. Federalist No. 10

b. Federalist No. 51

c. Federalist No. 78

d. Federalist No. 12

Answer Location: 6.1: Introduction to the Judiciary

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

32. Someone who violates a civil law will pay damages to ______.

a. the state

b. the judge

c. the injured

d. the federal government

Answer Location: 6.4: Who’s Who and What’s What in a Court of Law?

Cognitive Domain: Application

Learning Objective: 6.3: Understand what happens if you get involved in the legal system

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

33. Which is a factor that contributes to the different views of the criminal justice system between black and white Americans?

a. racial profiling

b. education level

c. historical lessons

d. income level

Answer Location: 6.5: Equality and the Criminal Justice System

Cognitive Domain: Comprehension

Learning Objective: 6.4: Understand what equal justice really means

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

34. The entry-level tier of the federal judicial system is called ______.

a. the Supreme Court

b. the appellate court

c. the circuit court

d. the district court

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

35. Which president is responsible for breaking the trend of white, male, predominantly Christian federal court appointments?

a. Barack Obama

b. Bill Clinton

c. Jimmy Carter

d. Ronald Reagan

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

36. In what way does the Supreme Court attempt to maintain the idea that it is above politics?

a. by campaigning for judges nominated to the Court

b. by commenting on justices’ preferences for certain policies

c. by wearing long black robes

d. by supporting presidential nominees

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Knowledge

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

37. What is the main function of the solicitor general?

a. to present every case to the Supreme Court for consideration

b. to represent the United States in cases

c. to present the majority and concurring opinions of the Supreme Court to the public

d. to advise the United States on Supreme Court nominees

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

38. The Supreme Court ruled on which case that ultimately maintained the legality of segregation?

a. Brown v. Board of Education

b. McCulloch v. Maryland

c. Mapp v. Carr

d. Plessy v. Ferguson

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Knowledge

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

39. The Supreme Court ruled that Congress had the power to do anything that was necessary and proper to carry out its duties as outlined in the Constitution in which case?

a. Marbury v. Madison

b. McCulloch v. Maryland

c. Lochner v. New York

d. Mapp v. Carr

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Knowledge

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

40. The concept that individuals tend to utilize the judicial process to resolve disputes is a feature of ______.

a. adjudication

b. interpretivism

c. an inquisitorial system

d. a common law tradition

Answer Location: 6.4: Who’s Who and What’s What in a Court of Law?

Cognitive Domain: Comprehension

Learning Objective: 6.3: Understand what happens if you get involved in the legal system

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

True/False

1. Laws whose actual content defines what we can and cannot legally do are substantive laws.

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

2. A violation of civil law is called a tort.

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

3. The process of resolving disputes in court is known as adversarial action.

Answer Location: 6.4: Who’s Who and What’s What in a Court of Law?

Cognitive Domain: Knowledge

Learning Objective: 6.3: Understand what happens if you get involved in the legal system

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

4. A law that makes it illegal to use steroids is an example of a procedural law.

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

5. The idea that the Constitution implies a right to privacy would likely be the position of a strict constructionist.

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

6. Alexander Hamilton argued that the judicial branch would be the weakest branch in Federalist No. 78.

Answer Location: 6.1: Introduction to the Judiciary

Cognitive Domain: Knowledge

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

7. The president has the power to appoint judges to the Supreme Court, but the House of Representatives has the power to confirm those appointments.

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Knowledge

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

8. Amicus curiae briefs are submitted as the first step to getting a case heard at the Supreme Court.

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

9. The United States is an inquisitorial system and is mostly concerned with finding the truth.

Answer Location: 6.3: The American Legal System

Cognitive Domain: Comprehension

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

10. The National Hockey League launched a campaign of kneeling during the national anthem to protest social injustice for young African American men.

Answer Location: 6.5: Equality and the Criminal Justice System

Cognitive Domain: Knowledge

Learning Objective: 6.4: Understand what equal justice really means

Difficulty Level: Easy

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

Short Answer

1. What is the purpose of a writ of certiorari?

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

2. Briefly discuss the difference between procedural laws and substantive laws.

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Application

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

3. What was the purpose of Alexander Hamilton’s Federalist No. 78?

Answer Location: 6.1: Introduction to the Judiciary

Cognitive Domain: Comprehension

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Medium

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

4. What was the significance of the Supreme Court’s decision in United States v. Richard Nixon (1974)?

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

5. Briefly explain what a majority opinion is. What is a concurring opinion? A dissenting opinion?

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Comprehension

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

Essay

1. How does the role of a judge in the adversarial system compare to the role of a judge in an inquisitorial system?

Answer Location: 6.3: The American Legal System

Cognitive Domain: Application

Learning Objective: 6.2: Understand what kind of judicial system the United States has

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

2. In Federalist No. 78, Alexander Hamilton argued that the judiciary was the least dangerous branch of government. Why did Hamilton believe the judicial branch was the least dangerous? What led to the increase in the power of the judicial branch? Would Alexander Hamilton approve of the judicial system as it is today, or would he likely disapprove of it?

Answer Location: 6.1: Introduction to the Judiciary

Cognitive Domain: Application

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

3. List and define three different kinds of laws and provide an example of each.

Answer Location: 6.2: Kinds of Laws

Cognitive Domain: Application

Learning Objective: 6.1: Understand what it means to live in a lawful society and what kind of laws there are

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

4. All presidents are concerned with the legacy they leave once out of office. A major influence on this legacy is the Supreme Court justices they appoint. What criteria do presidents take into account when choosing their Supreme Court nominees? How might the type of nominee change depending on the president?

Answer Location: 6.6: The Constitution, Congress, and the Dual Court System

Cognitive Domain: Application

Learning Objective: 6.5: Understand how the Constitution arranged the court system and the role it left for Congress to fill in the details

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships

5. Discuss the decision-making process of the Supreme Court. Begin with the Court’s decision whether to hear a case. What factors influence whether the Court hears a case? How does the Court decide on cases? What types of factors influence the decision made on a case, and which factors are the most important? Which factors are the least important when it comes to a decision?

Answer Location: 6.7: The Supreme Court

Cognitive Domain: Application

Learning Objective: 6.6: Understand the political nature of the highest court in the land and how that court works and affects our lives

Difficulty Level: Hard

SAGE Course Outcome: Explain the main institutions of American government, including their roles and interrelationships