Module 8 Lesson 18 Flashcards
Select the one correct answer. A long-simmering dispute between New York and New Jersey over the ownership of Ellis Island was heard by:
A. A presidential commission appointed under the rules specific in the Eleventh Amendment.
B. A tribunal of Supreme Court justices from randomly selected states not party to the dispute.
C. The Supreme Court according to the appellate rules set by Congress in the Judiciary Act of 1789.
D. The Supreme Court under the Constitution’s specification of original jurisdiction.
D. The Supreme Court under the Constitution’s specification of original jurisdiction.
Select the one correct answer. Under appellate jurisdiction, the Supreme Court hears cases:
A. That involve disputes between the states.
B. Referred by Congress.
C. That were previously heard in lower courts.
D. For the first time.
C. That were previously heard in lower courts.
Marbury v Madison accomplished a number of things in its ruling. Which one of these was not among its accomplishments? Select the one correct answer.
A. Marbury v Madison forced the executive branch to carry out a judicial order.
B. Marbury v Madison confirmed the independence of the judiciary as a third co-equal branch of government.
C. Marbury v Madison argued that only the Constitution could give the Supreme Court original jurisdiction, not Congress.
D. Marbury v Madison established judicial review.
A. Marbury v Madison forced the executive branch to carry out a judicial order.
What is stare decisis? Select the one correct answer.
A. Stare decisis occurs when the Supreme Court introduces a new principle of law.
B. Stare decisis is a legal system based on law.
C. Stare decisis is the practice of the lower courts bringing up new issues.
D. Stare decisis is a reliance on previous decisions and established precedents.
D. Stare decisis is a reliance on previous decisions and established precedents.
Which of these is an example of a federal judge’s applying stare decisis? Select the one correct answer.
A. A judge revises her initial ruling based on the introduction of new evidence.
B. A judge issues a search warrant based on probable cause.
C. A judge in a 2001 case rules unconstitutional a law that unduly limits a woman’s access to abortion.
D. A judge determines that a public school’s requirement for a morning prayer violates the 1st Amendment’s Establishment Clause.
C. A judge in a 2001 case rules unconstitutional a law that unduly limits a woman’s access to abortion.
Select the one correct answer. Judicial activism is commonly linked to:
A. The privilege of judicial independence.
B. A strict interpretation of the Constitution.
C. The doctrine of stare decisis.
D. A loose interpretation of the Constitution.
D. A loose interpretation of the Constitution.
Select the one correct answer. Those in favor of judicial activism would probably support:
A. A need to offset the “tyranny of the majority.”
B. Protections afforded by judicial independence.
C. The need to uphold constitutional values when the other two branches fail to.
D. Judges as the only truly neutral political actors.
C. The need to uphold constitutional values when the other two branches fail to.
Select the one correct answer. A judge that seeks to reverse the current trend of judicial activism could be considered to be:
A .A restrained judge.
B. A political partisan.
C. An activist judge.
D. Respectful of judicial precedence.
C. An activist judge.
What was the impact of the decision of the Supreme Court in McCulloch v. Maryland? Select the one correct answer.
A. This decision enhanced the powers of the states.
B. This decision decided that Congress could not create a national bank.
C. This decision relied on a broad interpretation of the necessary and proper clause in Article I.
D. This decision rested on a strict construction of the Constitution.
C. This decision relied on a broad interpretation of the necessary and proper clause in Article I.
Of the choices below, in which way are the courts limited in their power? Select the one correct answer.
A. The courts are limited by Congressional approval of all their decisions.
B. The courts are limited by the need for other branches or the states to carry out their decisions.
C. The courts are limited by presidential veto.
D. The courts are limited only by the limitations that the Justices of the Supreme Court impose upon themselves.
B. The courts are limited by the need for other branches or the states to carry out their decisions.
Select the one correct answer.
In Dickerson v. United States (2000), the Supreme Court ruled that Congress could not override the Miranda warning requirement established in Miranda v. Arizona (1966). This is an example of the Supreme Court’s exercising:
A. Original jurisdiction
B. Loose interpretation
C. Judicial activism
D. Stare decisis
D. Stare decisis
Select the one correct answer. An argument offered in opposition to judicial activism is:
A. The separation of powers built into the Constitution.
B. The inherent ideological biases judges possess.
C. The clear intention of the framers for a strict interpretation of the Constitution.
D. The intrusion into democratic politics of unelected, and therefore unaccountable, judges.
D. The intrusion into democratic politics of unelected, and therefore unaccountable, judges.
Select the one correct answer. A law alleged to violate the Constitution’s protection of free speech would be heard by the Supreme Court under:
A. Original jurisdiction.
B. Appellate jurisdiction.
C,. The rule of four.
D. The doctrine of stare decisis.
B. Appellate jurisdiction.
