Chapter 16 Judiciary Flashcards

1
Q

For supreme court nominees, the Senate tends to be tougher on?

A.       Conservatives
B.       Liberals
C.       Democrats
D.        Republicans
E.        No difference
A

A. Conservatives

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2
Q

By the middle of the 19th century, the supreme court had begun to declare many federal and scores of state laws to be?

A. Constitutional
B. Unconstitutional
C. Ratified
D. Law

A

B. Unconstitutional

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3
Q

All persons nominated to be a federal appeals court judge must be confirmed by?

A. House of Representatives
B. Senate
C. President
D. All of the above

A

B. Senate

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4
Q

By 2000 the percentage of appeals court judges confirmed by the senate had fallen to 40 percent. One reason for the decline is?

A.     Democratic control
B.      Republican control
C.     Partisanship
D.     Presidential privilege
E.      All of the above
A

C. Partisanship

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5
Q

Senators from the home state of an appeals court nominee filing a private objection- what is called registering a?

A.     Negative "pink slip" complaint
B.     Positive "blue slip" complaint
C.     Negative " red slip" complaint
D.     Positive "red slip" complaint
E.     Negative "blue slip" complaint
A

E. Negative “blue slip” complaint

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6
Q

If a __??___, files a private objection this will prevent a hearing on the nominee from being held?

A.     Supreme court justice
B.     Appellate court justice 
C.     Member of congress
D.     Judiciary committee member
E.     House committee member
A

D. Judiciary committee member

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7
Q

Alexander Hamilton wrote in _____????____, that the new system of federal courts would be “the least dangerous” branch of government?

A. Federalist paper No. 78
B. Federalist paper No. 87
C. Judicial paper No. 78
D. Judicial paper No 87

A

A. Federalist paper No. 78

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8
Q

The power of courts to declare laws unconstitutional ?

A.     Activist approach
B.     Judicial Restraint
C.     Judicial review
D.     Jurisprudence
E.     Judicial privilege
A

C. Judicial review

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9
Q

The view that judges should decide cases strictly on the basis of the language of the laws and the constitution?

A.     Activist approach
B.     Judicial Restraint Approach
C.     Judicial review
D.     Jurisprudence
E.     Judicial privilege
A

B. Judicial Restraint approach

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10
Q

The evolution of the courts, especially the supreme court, toward the present level of activism and influence has been shaped bythe political, economic and ideological forces of three historical eras, from 1865 to 1937 the great issues were?

A.     The relationship between the government and the economy
B.     Slavery
C.     taxes
D.     All of the above
E.     None of the above
A

A. The relationship between the government and the economy

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11
Q

____????____ is the federal courts’ chief weapon in the system of checks and balances on which the American government is based?

A.     Activist approach
B.     Judicial Restraint
C.     Judicial review
D.     Jurisprudence
E.     Judicial privilege
A

C. Judicial review

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12
Q

The evolution of the courts, especially the supreme court, toward the present level of activism and influence has been shaped bythe political, economic and ideological forces of three historical eras,
from 1787 to 1865 the great issues were?

A.     Nation building
B.     The legitimacy of the federal government
C.     Slavery
D.     All of the above
E.     None of the above
A

D. All of the above

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13
Q

The evolution of the courts, especially the supreme court, toward the present level of activism and influence has been shaped bythe political, economic and ideological forces of three historical eras, from 1938 to present the great issues were?

A.     Personal liberty
B.     Social equality
C.     The conflict between social equality And personal liberty
D.      All of the above
E.      None of the above
A

D. All of the above

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14
Q

The view that judges should discern the general principles underlying the laws or the constitution and apply them to modern circumstances?

A.     Activist approach
B.     Judicial Restraint
C.     Judicial review
D.     Jurisprudence
E.     Judicial privilege
A

A. Activist approach

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15
Q

Under the leadership of chief justice John Marshall, national law in all instances was the ?

A.   Dominant law
B.   after state law the dominant law
C.   Federal governments law
D.   Constitutional law
E.   civil law
A

A. Dominant law

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16
Q

The power of the federal govt to regulate commerce among states was established. New York gave Robert Fulton,steam boat inventor , right to operate on rivers of that state, the Marshall court overturned the license because the rivers connected new York and new jersey, thus trade would involve?

A.      Interstate. Commerce
B.       Intrastate commerce
C.      State commerce
D.      Federal commerce
E.      River rates
A

A. Interstate. Commerce

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17
Q

In 1857, chief justice roger Taney he wrote judicial opinion re: dred Scott. That the federal law _____????_____, prohibiting slavery in northern territories was unconstitutional?

A.   Dred Scott case
B.    Slavery 
C.    Missouri compromise
D.    Judicial opinion
E.     None of the above
A

C. Missouri compromise

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18
Q

No state shall deprive any person Of life liberty or property without due process of law?

A.     1st amendment
B.      2 nd amendment
C.      4th amendment
D.      14th amendment
E.      16th amendment
A

D. 14th amendment

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19
Q

Upheld judicial review of congressional acts?

A.     Marbury V. Madison
B.     Martin v hunters lessee
C.     McCullogh v. Maryland
D.     Exparte Mcardle
E.     Roe v wade
A

A. Marbury V. Madison

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20
Q

The lowestw federal courts ; federal trials can be held only here?

A.     Constitutional court
B.     District court
C.     Courts of appeal
D.     Legislative courts
E.     Criminal court
A

B. District court

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21
Q

The supreme court can review the decisions of the highest state courts of they involve a federal law or the federal constitution ?

A.     Marbury V. Madison
B.     Martin v hunters lessee
C.     McCullogh v. Maryland
D.     Exparte Mcardle
E.     Roe v wade
A

B. Martin v hunters lessee

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22
Q

Said that creating a federal bank , though not mentioned in the constitution, was a necessary and proper exercise of the govnments right to borrow money?

A.     Marbury V. Madison
B.     Martin v hunters lessee
C.     McCullogh v. Maryland
D.     Exparte Mcardle
E.     Roe v wade
A

C. McCullogh v. Maryland

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23
Q

Allowed. Ingress to change the Appelate jurisdiction of the supreme court?

A.     Marbury V. Madison
B.     Martin v hunters lessee
C.     McCullogh v. Maryland
D.     Exparte Mcardle
E.     Roe v wade
A

D. Exparte Mcardle

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24
Q

The states right protected by the 11th amendment not to be sued in federal court?

A.     Federal law
B.     StAte law
C.     National law
D.     Sovereign immunity
E.     Insovereign immunity
A

D. Sovereign immunity

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25
Q

Courts created by congress for specialized purposes whose judges do not enjoy the protections of Articlle 3 of the constitution?

A.     Constitutional court
B.     District court
C.     Courts of appeal
D.     Legislative courts
E.     Criminal court
A

D. Legislative courts

26
Q

FDR proposed a bill to appoint one new Justice for each one over the age of 70 who refused to retire. FDR would have been able to appoint 6 new justices. The supreme court previously striking down new deals 5-4 started approving them 5-4?

A. Switch in time that saved nine ( court packing]
B. Bait and switch
C. Justices voting with the president
D. Presidential supreme court loading
E. None of the above

A

A. Switch in time that saved nine (court packing)

27
Q

A ___???___ decision is one that favors a civil right, a criminal defendant or an economic regulation?

A.      Liberal 
B.      Moderate
C.      Democratic
D.      Conservative
E.      Tea party
A

A. Liberal

28
Q

A federal court authorized by article 3 of the constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the supreme court ( created by constitution) and Appelate and district courts created by congress?

A.     Constitutional court
B.     District court
C.     Courts of appeal
D.     Legislative courts
E.     Criminal court
A

A. Constitutional court

29
Q

Federal courts that hear appeals from district courts; no trials?

A.     Constitutional court
B.     District court
C.     Courts of appeal
D.     Legislative courts
E.     Criminal court
A

C. Courts of appeal

30
Q

Gives heavy weight to the preferences of the senators from the state where a federal district judge is to serve?

A.     Preferential treatment
B.     Congressional preference
C.     Senatorial courtesy
D.     Senate nomination
E.     Federal courtesy
A

C. Senatorial courtesy

31
Q

A ___???___ decision is one that opposes the right or the regulation or supports the criminal prosecutor?

A.      Liberal 
B.      Moderate
C.      Democratic
D.      Conservative
E.      Tea party
A

D. Conservative

32
Q

The chief motive for using the litmus test, is a judicial nominee’s views on

A.     Economics
B.     Civil rights
C.     Abortion
D.     Education
E.     National security
A

C. Abortion

33
Q

Cases concerning the constitution, federal laws or treaties?

A.      State cases
B.      Constitutional law cases
C.      Diversity cases
D.      Federal-question cases
E.      State question cases
A

D. Federal-question cases

34
Q

Cases involving citizens of different stAtes who can bring suit in federal courts?

A.      State cases
B.      Constitutional law cases
C.      Diversity cases
D.      Federal-question cases
E.      State question cases
A

C. Diversity cases

35
Q

State and federal authorities can prosecute the same person for the same conduct?

A.     Monroe doctrine
B.     Dual sovereignty doctrine
C.     Sovereignty doctrine
D.     Double jeopardy
E.     Federal and state doctrine
A

B. Dual sovereignty doctrine

36
Q

When a federal criminal law is broken , but not a state one, the case can be heard in?

A.     State court
B.      Federal district court
C.      Federal appeal court
D.      Supreme court
E.      Criminal court
A

B. Federal district court

37
Q

If California and Arizona sue each other over which state is to use how much water from the Colorado river the case can be heard only by?

A.     State court
B.      Federal district court
C.      Federal appeal court
D.      Supreme court
E.      Criminal court
A

D. Supreme court

38
Q

An order by a higher court directing a lower court to send up a case for review?

A.     Writ of habeaus corpus
B.     Exparte motion
C.     Writ of mandamus
D.     Writ of certiorari
E.      Writ of deesnuts
A

D. Writ of certiorari

39
Q

An examination of the political ideology of a nominated judge?

A.     Selective assessment
B.     Nominating process
C.     Litmus test
D.     Nominating comittee
E.     Judicial inquiry
A

C. Litmus test

40
Q

A method by which a poor person can have his case heard in federal court without charge?

A.     Writ of habeaus corpus
B.     Exparte motion
C.     Writ of mandamus
D.     Writ of certiorari
E.      Informa pauperis.
A

E. Informa pauperis.

41
Q

A liberal group , represents some people who believe their freedom of speech has been abridged or their constitutional rights in criminal proceedings have been violated?

A.     NAACP
B.     ACLU. American civil liberties union
C.     The center for individual rights 
D.     NCAA
E.     Freedom  fighters
A

B. ACLU. American civil liberties union

42
Q

A conservative group represents some people who feel that they have been victimized by racial quotas?

A.     NAACP
B.     ACLU. American civil liberties union
C.     The center for individual rights 
D.     NCAA
E.     Freedom  fighter
A

C. The center for individual rights

43
Q

A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins?

A.     Fee shifting
B.     Plaintiff
C.     Defendant
D.     Recovery cost
E.     Court cost
A

A. Fee shifting

44
Q

The party that initiates a lawsuit?

A.     Fee shifting
B.     Plaintiff
C.     Defendant
D.     Recovery cost
E.     Court cost
A

B. Plaintiff

45
Q

A legal rule stating who is authorized to start a a lawsuit into federal court?

A.     Fee shifting
B.     Plaintiff
C.     Defendant
D.     Recovery cost
E.     Standing
A

E. Standing

46
Q

A written statement by an Attorney that summarizes a case and the laws and ruling that support it?

A.   Dissenting opinion
B.   concurring opinion
C.   Opinion of the court
D.   Brief
E.   amicus curie
A

D. Brief

47
Q

If you wish to declare bankruptcy, you do so in?

A.     State court
B.      Federal court
C.      Bankruptcy court
D.      Supreme court
E.      Criminal court
A

B. Federal court

48
Q

The rule that a citizen cannot sue the government without the governments consent?

A.     Monroe doctrine
B.     Dual sovereignty doctrine
C.     Sovereignty doctrine
D.     Double jeopardy
E.     Sovereign immunity
A

E. Sovereign immunity

49
Q

Linda Brown was refused Admission to a white school in Kansas on her behalf the NAACP brought a class action suit that resulted in the 1954 landmark supreme court decision?

A.     Brown v. Kansas
B.     Brown v. Topeka
C.     NAACP v. Kansas
D.     Brown v. Board of education
E.     NAACP v. Board of education
A

D. Brown v. Board of education

50
Q

A brief submitted by a friend of the court ?

A.   Dissenting opinion
B.   concurring opinion
C.   Opinion of the court
D.   Brief
E.   amicus curie
A

E. amicus curiae

51
Q

A brief unsigned court opinion?

A.   Dissenting opinion
B.   concurring opinion
C.   Per curiam opinion
D.   Brief
E.   amicus curie
A

C. Per curiam opinion

52
Q

A signed opinion of a majority of the Supreme?

A.   Dissenting opinion
B.   concurring opinion
C.   Per curiam opinion
D.   Opinion of the court
E.   amicus curie
A

D. Opinion of the court

53
Q

A signed opinion in which one or more members agree with the majority view but for different reasons?

A.   Dissenting opinion
B.   concurring opinion
C.   Per curiam opinion
D.   Brief
E.   amicus curie
A

B. concurring opinion

54
Q

A signed opinion in which one or more justices disagree with the majority view?

A.   Dissenting opinion
B.   concurring opinion
C.   Per curiam opinion
D.   Brief
E.   amicus curie
A

A. Dissenting opinion

55
Q

The courts make policy whenever they?

A. Reinterpret the law or constitution
B. Extend existing laws to cover matters not previously covered
C. Design remedies for problems that involve judges acting in
Administrative or legislative ways
D. All
E. None

A

D. Alll

56
Q

Let the decision stand or allowing prior rulings to control the current case? The principle of precedent?

A.     Remedy
B.     Political question
C.     Stare decisis
D.     Opinion of the court
E.     Ruling
A

C. Stare decisis

57
Q

A matter that the constitution left entirely to another branch of government to decide for itself?

A.     Remedy
B.     Political question
C.     Stare decisis
D.     Opinion of the court
E.     Ruling
A

B. Political question

58
Q

A judicial order enforcing a right or redressing a wrong?

A.     Remedy
B.     Political question
C.     Stare decisis
D.     Opinion of the court
E.     Ruling
A

A. Remedy

59
Q

Forbids the discrimination on grounds of race color or national origin in any program receiving federal financial assistance?

A.     Anti discrimination act
B.     NAACP rights
C.     Human rights  act of 1967
D.     Civil rights act of 1964
E.     Remedy
A

D. Civil rights act of 1964

60
Q

Congress and the states can undo a Supreme Court decision interpreting the constitution by?

A.     Veto
B.      Impeachment
C.      Amending the constitution
D.      Senatorial courtesy
E.      House vote
A

C. Amending the constitution

61
Q

A Nixon appointee to the supreme court wrote the decision making antiabortion laws unconstitutional?

A.     Justice kennedy
B.      justice occonor
C.     Justice Rehnquist
D.     Justice Blackmun
E.     Justice Marshall
A

D. Justice Blackmun