Chapter 14: The Courts

Question 1

Most American law is based on which of the following?
a. French philosophy based on the rights of man
b. The Bible
c. English common law tradition
d. Roman law
e. The writings of Thomas Jefferson

Answer 1

English common law tradition

Question 2

When referring to English common law, what meaning of the word “common” is intended?
a. Common law only referred to marriages.
b. Common law was meant for the commoners; there was a different law for elites.
c. Common law was standardized and shared across England.
d. Common law was very conventional and undistinguished.
e. Common law only referred to trivial matters; today, we call them misdemeanors.

Answer 2

Common law was standardized and shared across England.

Question 3

If a judge rules a certain way on a case because prior cases of similar nature were subject to the same rule, that judge could be said to be relying on which of the following?
a. Precedent
b. Judicial review
c. Strict construction
d. Broad construction
e. Judicial activism

Answer 3

Precedent

Question 4

Which of the following statements regarding a precedent is true?
a. It means to reverse the decision of a lower court
b. It says the court does not have jurisdiction in a case.
c. It allows a court to refer the case to the next higher court.
d. It is the policy of following the law established by prior cases to decide other cases.
e. It means strict interpretation.

Answer 4

It is the policy of following the law established by prior cases to decide other cases.

Question 5

Which of the following occurs when the U.S. Supreme Court decides an issue?
a. All other courts consider the Supreme Court’s opinion in their own decision making.
b. All other courts are obligated to follow the Supreme Court’s ruling.
c. Each court can decide for itself whether the Supreme Court decision applies to cases in its jurisdiction.
d. Congress is obligated to pass laws that support that decision.
e. It is written into the Constitution as an amendment if it raised a constitutional question.

Answer 5

All other courts are obligated to follow the Supreme Court’s ruling.

Question 6

Which of the following statements regarding state courts is true?
a. They are exact copies of the federal court system.
b. They do not have to follow common law.
c. They are supreme within their own borders, overriding the federal courts.
d. Their decisions are invalid, due to the supremacy clause.
e. They make decisions on state law, if those laws don’t conflict with the U.S. Constitution.

Answer 6

They make decisions on state law, if those laws don’t conflict with the U.S. Constitution.

Question 7

Where is the principle of stare decisis typically followed?
a. Only in the federal court system
b. Only in the state court system
c. Only in the United States
d. Only in former British colonies
e. The principle of stare decisis is followed everywhere.

Answer 7

Only in former British colonies

Question 8

The Supreme Court’s power of judicial review was established by which of the following?
a. Article III of the U.S. Constitution
b. The Tenth Amendment
c. The Court’s decision in Marbury v. Madison
d. The Court’s decision in Plessy v. Ferguson
e. The Court’s decision in Kelo v. City of New London

Answer 8

The Court’s decision in Marbury v. Madison

Question 9

Judicial review is the process for deciding whether a law or action is contrary to which of the following?
a. Administrative laws
b. A Supreme Court decision
c. Lower court decisions
d. State law
e. The U.S. Constitution

Answer 9

The U.S. Constitution

Question 10

Which of the following is the term for a law enacted by a federal or state legislature?
a. A code
b. A precedent
c. An interpretation
d. An ordinance
e. A statute

Answer 10

A statute

Question 11

Statutes passed by cities, counties, and other local political bodies are known as which of the following?
a. Regulations
b. Ordinances
c. County rulings
d. Personal statutes
e. Martial law

Answer 11

Ordinances

Question 12

The United States has a dual court system which means which of the following?
a. Civil and criminal courts
b. Misdemeanor and felony courts
c. State and federal courts
d. State and local courts
e. District and territorial courts

Answer 12

State and federal courts

Question 13

Jurisdiction refers to which of the following?
a. The rules and principles announced in court decisions
b. The authority of a court to hear a particular class of cases
c. The constitutionality of a law
d. Statutory law
e. Common law

Answer 13

The authority of a court to hear a particular class of cases

Question 14

In many cases, a third party to a court case will file which of the following to support a particular outcome?
a. An amicus curiae brief
b. A precedent
c. A question of standing
d. A litigation brief
e. A writ of certiorari

Answer 14

An amicus curiae brief

Question 15

Which of the following statements regarding U.S. district courts is true?
a. They are intermediate appellate courts.
b. They have final appellate jurisdiction to review cases.
c. They are state courts.
d. They are the trial courts of the federal system.
e. They are courts of limited jurisdiction.

Answer 15

They are the trial courts of the federal system.

Question 16

Which of the following statements regarding appeals courts is true?
a. Witnesses and testimony are presented to the jury.
b. Judges review lower court case records to determine if there is evidence of an error.
c. Grand juries decide if there is enough evidence to conduct a trial.
d. Attorneys from both sides try to work out an agreement.
e. All of these are correct.

Answer 16

Judges review lower court case records to determine if there is evidence of an error.

Question 17

When can the U.S. Supreme Court review a state supreme court decision?
a. If there are damages more than $50,000
b. If the solicitor general asks it to do so
c. In all cases
d. In cases in which the state is a party
e. Only if a federal question is involved

Answer 17

Only if a federal question is involved

Question 18

Which of the following procedures does an appellate court use when it reviews a case?
a. It uses a panel of judges to review the records of a case.
b. It conducts another trial.
c. It relies on a jury to hear a new case.
d. It assesses only questions of fact associated with the case.
e. It presents the records of a case to the local government.

Answer 18

It uses a panel of judges to review the records of a case.

Question 19

A lawsuit filed by one person on behalf of that person and all similarly situated individuals is known as which of the following kinds of suit?
a. Amicus curiae
b. Appeal
c. Plurality action
d. Class action
e. Writ of habeas corpus

Answer 19

Class action

Question 20

How would you compare federal appellate courts to federal district courts?
a. Appellate courts look at precedents; district courts look at stare decisis.
b. Appellate courts look at questions of evidence; district courts look at questions of testimony.
c. Appellate courts look at questions of law; district courts look at questions of fact.
d. Appellate courts look at questions of innocence; district courts look at questions of guilt.
e. Appellate courts look at questions of jurisdiction; district courts look at diversity of citizenship.

Answer 20

Appellate courts look at questions of law; district courts look at questions of fact.

Question 21

A writ of certiorari by the U.S. Supreme Court orders which of the following to occur?
a. Both of the parties in the case to reach agreement without further litigation
b. State courts to abide by the decision of the Supreme Court
c. A lower court to send up the record of a case for review
d. Congress to rewrite unconstitutional legislation
e. A prisoner to be brought before the court and the reasons for his detention to be provided

Answer 21

A lower court to send up the record of a case for review

Question 22

Which of the following statements is true of a majority opinion?
a. It means all justices unanimously agree on the decision.
b. It is sent back to the court that originally heard the case.
c. It means the decision of the District Court must stand.
d. It will result in a new trial for the defendant.
e. It is the decision of most of the justices and is the decision of the Court.

Answer 22

It is the decision of most of the justices and is the decision of the Court.

Question 23

An opinion prepared by a judge who supports the court’s decision, but wishes to in some way clarify, emphasize, or offer different reasons is known as which of the following?
a. Majority opinion
b. Dissenting opinion
c. A plurality opinion
d. A concurring opinion
e. A unanimous opinion

Answer 23

A concurring opinion

Question 24

Spoken presentations by an attorney to the appellate court laying out the reasons why the court should rule in his or her client’s favor are known as which of the following?
a. Affirmation action
b. Briefs
c. Criminal defenses
d. Dissenting opinions
e. Oral arguments

Answer 24

Oral arguments

Question 25

The opinion of a court laying out the official position of the court in the case is known as which of the following?
a. Majority opinion
b. Dissenting opinion
c. Minority opinion
d. Primary jurisdiction
e. Prevailing jurisdiction

Answer 25

Majority opinion

Question 26

Which of the following is true of judges and justices in the federal court system?
a. They are appointed by the president with the advice and consent of the House of Representatives.
b. They are appointed by the president with the advice and consent of the Senate.
c. They are appointed by the president with the advice and consent of both houses of Congress.
d. They are part of a seniority system that gradually moves them toward the Supreme Court.
e. They are elected by the people every ten years.

Answer 26

They are appointed by the president with the advice and consent of the Senate.

Question 27

Which of the following statements regarding federal judges is true?
a. They are chosen in a secret process.
b. They are elected by the people.
c. They are appointed for life.
d. They are chosen by Congress.
e. They are appointed for a six-year term.

Answer 27

They are chosen by Congress.

Question 28

The concept of senatorial courtesy refers to which of the following?
a. The Senate approving judges only if they belong to the same party that controls the Senate
b. The practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in the state
c. The practice of allowing members of the House to participate in the nomination process
d. The practice of allowing senators to veto candidates for federal district courts in their state
e. The Senate’s deferring to the president and routinely approving his or her nominee

Answer 28

The practice of allowing senators to veto candidates for federal district courts in their state

Question 29

How do the justices of the Supreme Court gain their position on the Court?
a. They are nominated by Congress.
b. They are elected by the people.
c. They are placed on the Court after serving as an appellate judge for at least 30 years.
d. They apply for the job, go through an interview process, and are hired.
e. They are appointed by the president and confirmed by the Senate.

Answer 29

They are appointed by the president and confirmed by the Senate.

Question 30

When a president nominates a candidate for a federal judgeship, which of the following factors does the president consider?
a. The candidate’s political philosophy
b. The candidate’s ethnicity
c. The candidate’s competence
d. The candidate’s gender
e. All of these are correct.

Answer 30

All of these are correct.

Question 31

When a president nominates someone to the U.S. Supreme Court, which Senate committee holds hearings on whether to confirm the nominee?
a. The Senate Legal Committee
b. The Senate Judiciary Committee
c. The Senate Finance Committee
d. The Senate Ways and Means Committee
e. The Committee of the Senate Attorney

Answer 31

The Senate Judiciary Committee

Question 32

President Obama’s final nominee to the U.S. Supreme Court, Merrick Garland, was never confirmed to the Court because of which of the following reasons?
a. He died before the Senate hearings.
b. There were questions about his character.
c. He removed himself from consideration.
d. The Republican Senate leadership refused to schedule hearings on his nomination.
e. The senators from Garland’s home state did not return their “blue slip.”

Answer 32

The Republican Senate leadership refused to schedule hearings on his nomination.

Question 33

The opportunity for the president to appoint members to the federal judiciary is valuable for which of the following reasons?
a. New justices help move long-term justices closer to mandatory retirement.
b. Most presidents have been able to make more than five appointments to the bench while in office.
c. Rulings related to redistricting and election laws will be altered to favor the president’s political party.
d. The Court can move swiftly to begin ruling in favor of the president’s ideology.
e. The political views of the president will continue to be institutionalized long after they have left the White House.

Answer 33

The political views of the president will continue to be institutionalized long after they have left the White House.

Question 34

Which of the following was the first female member of the U.S. Supreme Court?
a. Nancy Pelosi
b. Elena Kagan
c. Sandra Day O’Connor
d. Sonia Sotomayor
e. Ruth Bader Ginsberg

Answer 34

Sandra Day O’Connor

Question 35

President Obama was the first president to appoint which of the following to the U.S. Supreme Court?
a. A black man
b. Two women
c. No justices
d. An Asian American
e. A Mexican American man

Answer 35

Two women

Question 36

What is one factor that has led to the current state of politicization of the confirmation process?
a. The high degree of competency among recent nominees has lessened politicization.
b. Hyperpartisanship flows into all parts of politics except judicial confirmations.
c. Some federal judges view the courts as agents of social change.
d. Senatorial courtesy and the collegial atmosphere of the Senate reduce politicization.
e. Most agree that a nominee’s ideology and political views have no place in the confirmation process.

Answer 36

Some federal judges view the courts as agents of social change.

Question 37

A temporary appointment of a federal judge to avoid a difficult confirmation hearing is known as which of the following?
a. A political appointment
b. A recess appointment
c. A courtesy appointment
d. A limited appointment
e. A reviewable appointment

Answer 37

A recess appointment

Question 38

The power of the courts to determine the constitutionality of a law or action is known as which of the following?
a. Appellate review of fact
b. Judicial review
c. Precedent
d. The writ of judicial appeal
e. Habeas corpus

Answer 38

Judicial review

Question 39

A doctrine holding that the courts defer to the decisions of elected officials is called which of the following?
a. Broad construction
b. Conservative activism
c. Strict structure
d. Judicial restraint
e. Judicial activism

Answer 39

Judicial restraint

Question 40

The doctrine that holds that the Supreme Court should actively check the other branches of government when they exceed their authority is known as which of the following?
a. Judicial restraint
b. Strict construction
c. Judicial activism
d. Broad construction
e. Conservative activism

Answer 40

Judicial activism

Question 41

Strict construction is most closely associated with what type of political views?
a. Conservative
b. Liberal
c. Libertarian
d. Socialist
e. Oligarchical

Answer 41

Conservative

Question 42

Chief Justice Roberts’ role in Supreme Court decisions on issues like environmental protection and partial-birth abortion indicate that he had what type of views at the time?
a. He believed in judicial activism.
b. He leaned toward more conservative ideologies.
c. He strictly interpreted the Constitution.
d. He supported the rights of the individual over the rights of the states.
e. He put states’ rights ahead of the rights of the federal government.

Answer 42

He leaned toward more conservative ideologies.

Question 43

Who was the chief justice of the court that propelled the civil rights movement forward when racial segregation was seen as violating the equal protection clause?
a. Earl Warren
b. John Marshall
c. John Roberts
d. Warren Burger
e. William Rehnquist

Answer 43

Earl Warren

Question 44

Which of the following is true of the Supreme Court’s power to enforce its own decisions?
a. It is derived from the Twelfth Amendment to the Constitution.
b. It is called justiciable authority.
c. It makes it one of the strongest courts in the world.
d. It is significantly stronger than that of lower federal courts.
e. It is nonexistent.

Answer 44

It is nonexistent.

Question 45

The executive and legislative branches are responsible for judicial implementation for which of the following reasons?
a. The Supreme Court has a low approval rating from the public.
b. The Supreme Court doesn’t have enough funding to follow up on rulings.
c. The Supreme Court has limited manpower to carry out its decisions.
d. The Supreme Court does not have enforcement powers.
e. The judiciary is the weakest of all three branches.

Answer 45

The Supreme Court does not have enforcement powers.

Question 46

Which of the following presidents refused to execute a Supreme Court decision into policy, saying, “John Marshall has made his decision; now let him enforce it”?
a. Thomas Jefferson
b. Richard Nixon
c. Andrew Jackson
d. John F. Kennedy
e. Teddy Roosevelt

Answer 46

Andrew Jackson

Question 47

President Eisenhower’s decision to send National Guard troops to Arkansas to force the state to comply with the Supreme Court decision to desegregate public schools is an example of which of the following concepts?
a. Judicial implementation
b. A court of general jurisdiction
c. Diversity of citizenship
d. Judicial precedent
e. Stare decisis

Answer 47

Judicial implementation

Question 48

If Congress disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. Constitution, what can Congress do to address the situation?
a. Ignore the decision
b. Request that the president veto the decision
c. Propose an amendment to the Constitution that would negate the Court’s ruling
d. Pass a new law that would negate the Court’s ruling
e. Do nothing because the Court has the final say

Answer 48

Propose an amendment to the Constitution that would negate the Court’s ruling

Question 49

How is the U.S. solicitor general selected?
a. Appointed by the president
b. Nominated by Congress
c. Elected by the public
d. Selected by members of the U.S. Supreme Court
e. Chosen by the attorney general

Answer 49

Appointed by the president