Unit 4 Flashcards
Which of the following is a true statement?
A. Neither house of Congress may end a session without the consent of the other.
B. The President cannot call Congress into session.
C. There are three sessions in one term of Congress.
D. Special sessions of Congress are more common today than in the past.
A.
Which of the following House leaders would have the greatest power and influence?
A. The minority floor leader
B. The majority whip
C. The majority floor leader
D. The minority whip
C.
A general election that takes place between presidential election years is called a/an
A. off-year election.
B. presidential election.
C. at-large election.
D. senatorial election.
A.
A term of Congress lasts
A. two years.
B. one year.
C. three months.
D. six months.
A.
The process of creating strangely shaped districts to favor the party in power is called
A. reapportionment
B. impeachment
C. confirmation process
D. gerrymandering
D.
Which of the following is a true statement?
A. Members of the House serve terms of four years.
B. The Senate has more members than the House?
C. Members of the House can be younger than those in the Senate.
D. Representation in the Senate is based on the population of the states.
C.
The pro tempore is the
A. presiding authority of the Senate if the Vice President is absent.
B. leader of the House majority party.
C. assistant floor leader of the minority party in the Senate.
D. most senior committee chairperson in Congress.
A.
Congressional committee chairs are chosen based on what criteria?
A. Their service is requested by the President.
B. They have an aptitude and ability that will benefit the committee’s function.
C. They have served as member of Congress longer than other candidates.
D. They are elected by a House of Congress.
C.
How many seats are currently in the House of Representatives?
A. 535
B. 435
C. 100
D. It varies from term to term.
B.
The basic governmental function of Congress is to
A. interpret the law.
B. carry out the law.
C. make laws.
D. check the power of the President.
C.
Party officers in the House and Senate who see that their party members are present important votes and track how they vote are called
A. pro tems.
B. whips.
C. clerks.
D. chairs.
B.
The presiding officer of the House of Representatives is the
A. Whip.
B. Vice President.
C. Speaker.
D. President Pro Tempore.
C.
The presiding officer of the Senate is the
A. Whip.
B. President Pro Tempore.
C. Vice President.
D. Speaker.
C.
The Senate is called the “upper house” and it members have greater prestige than House members because (Mark all that apply.)
A. The Senate meets on the second floor of the Capitol, above the House.
B. Senators serve longer terms.
C. Senators have larger constituencies.
D. Senators must meet stricter qualifications for office than do Representatives.
All but A
Which of the following is a longstanding custom rather than a constitutional requirement?
A. Senators must be citizens of the United States for at least nine years.
B. Both Representatives and Senators must be inhabitants of the states they represent.
C. Representatives must live in the districts they represent.
D. Senators must be at least 30 years of age.
C.
Which of the following are reasons why the Framers of the Constitution established a bicameral legislature? (Mark all that apply.)
A. The Framers wanted each House to serve as a check on the power of the other.
B. Many countries used bicameral legislatures.
C. It settled the conflict between the New Jersey Plan and the Virginia Plan at the Constitutional Convention.
D. It was a historical preference since England and most colonies had used this system.
All but B
Which of the following is a criticism of the seniority rule? (Mark all that apply.)
A. The seniority system increases the chances the committee chair will be out of touch with public opinion.
B. The seniority system discourages younger members of Congress.
C. The seniority system ignores ability.
D. The seniority system results in conflict within the party.
All but D
Which of the following are powers and responsibilities of the speaker of the house? (Mark all that apply.)
A. The Speaker interprets and applies the rules and refers bills to committees
B. The Speaker must sign all bills and resolutions passed by the House
C. The Speaker approves the President’s Supreme Court Justice appointees
D. The Speaker presides over most sessions of the House and keeps order
All but C
After each census House seats are distributed among the states based on their populations. This is called
A. districting.
B. constituency.
C. gerrymandering.
D. reapportionment.
D
Which of the following is a true statement?
A. Representatives must be at least thirty-five years old.
B. Representatives must have been a citizen of the United States for at least nine years.
C. Each state is represented in the House by three representatives.
D. Senators serve terms of six years.
D.
Members of Congress are an accurate cross section of the American population.
True
False
False
Which of the following are roles that members of Congress fulfill? (Mark all that apply.)
A. Representative
B. Constituent servant
C. Committee member
D. Legislator
All of the Above
A member of Congress who votes according to the wishes of those he represents is called a
A. trustee.
B. partisan.
C. delegate.
D. politico.
C.
The responsibility of Congress in its committee work to check the performance of executive branch agencies and see that they are working efficiently and within the law is called
A. censure.
B. politico.
C. oversight.
D. prorogue.
C.
Which of the following are true of the “average” or typical member of Congress? (Mark all that apply.)
A. They have completed at least one term of office.
B. They will likely have backgrounds in law.
C. They are hard-working individuals.
D. They have a college degree and often an advanced degree.
E. They are millionaires.
All but E
Congressional pay is set by
A. the Congressional Budget Office.
B. the president.
C. Congress
D. voter referendum.
C.
More women are serving in Congress than ever before.
True
False
True
A member of Congress who votes according to a combination of factors including his own judgment, his party’s wishes, and the wishes of those he represents is called a
A. trustee.
B. partisan.
C. delegate.
D. politico.
D.
If a senator speeds up a constituent’s passport application and approval he/she has acted as a
A. legislator.
B. constituent servant.
C. politician.
D. committee member.
B.
A member of Congress who votes according to his party’s wishes is called a
A. delegate.
B. trustee.
C. partisan
D. politico.
C.
The courts may not prosecute members of Congress for anything they say in the House or Senate.
True
False
True
The most potent limit on Congressional salaries is voter backlash.
True
False
True
Most Americans can name their senators and representatives.
True
False
False
A member of Congress who votes according to their own judgment and conscience after weighing the merits of each bill is called a
A. politico.
B. partisan.
C. delegate.
D. trustee.
D.
Most members of Congress have had little political experience.
True
False
False
In Congress, screening bills for floor consideration is a major duty of
A. committee members.
B. constituent servants.
C. floor leaders.
D. the Speaker.
A.
Which of the following are benefits given to members of Congress?
A. Low-cost medical care
B. A generous pension plan
C. Generous travel allowances
D. Free Washington housing
All but D
The free postage service given members of Congress is called
A. the franking privilege.
B. at-large mail.
C. the oversight function.
D. the Constituency right.
A.
Decent salaries and benefits help attract qualified people to run for Congress who might otherwise shy away.
True
False
True
If no presidential candidates win a majority of electoral votes, who then elects the president?
A. The House of Representatives
B. The Senate
C. The Public
D. The Supreme Court
A.
The commerce power of Congress allows it to
A. regulate trade and business.
B. set up federal courts.
C. borrow money.
D. set rules for naturalization.
A.
The power of the House of Representatives to officially charge an official with wrongdoing is the power of
A. censure.
B. perjury.
C. impeachment.
D. subpoena.
C.
The expressed power of raising an army and navy implies Congress has the power to draft Americans into the military.
True
False
True
The power that allows Congress to take private property for such uses as an interstate highway system or national park is the
A. power of eminent domain.
B. commerce power.
C. borrowing power.
D. power to tax.
A.
Who has the power to propose constitutional amendments?
A. Congress
B. The Supreme Court
C. The Attorney General
D. The President
A.
Congress holds the power to determine naturalization laws.
True
False
True
Which of the following are expressed powers of Congress.
A. The power to tax B. The power to provide funds to education C. The power to tax exports D. The power to coin money E. The power to regulate commerce
A D & E
Over history the consensus of American opinion has
A. favored a liberal interpretation of the Constitution.
B. favored a strict interpretation of the Constitution.
C. swung back and forth between strict and liberal interpretations of the Constitution.
D. favored a neutral interpretation of the Constitution.
A.
Which of the following are true of the Necessary and Proper Clause? (Mark all that apply.)
A. It is also know as the “Elastic Clause.”
B. It has given the Constitution adaptability and longevity.
C. It is the constitutional bases for the implied powers
D. It spells out the inherent powers of Congress.
All but D
Powers that naturally belong to the National Government because it represents a sovereign state are called
A. implied powers.
B. formal powers.
C. inherent powers.
D. reserved powers.
C.
The expressed powers of Congress are
A. given to it by the Supreme Court.
B. stated directly in the Constitution.
C. those that it assumes in times of crisis.
D. implied in the Constitution.
B.
The implied powers of Congress are powers
A. specifically stated in the Constitution.
B. reasonably thought to be granted Congress and derived from the expressed powers.
C. granted States but not the National Government.
D. exercised by both the national and state governments.
B.
The “power of the purse” is an immense power of Congress.
True
False
True
Congress is given investigatory powers in order to (Mark all that apply.)
A. Examine matters related to its lawmaking powers.
B. Oversee the operations of executive branch agencies.
C. Establish a national public school system.
D. Focus public attention on important issues.
E. Expose questionable activities of public officials.
All but C
Which body has the power to confirm or reject presidential appointees and treaties?
A. The Supreme Court
B. The House of Representatives
C. The President
D. The Senate
D.
Congress has little power to regulate money and business.
True
False
False
If the President is impeached, what happens next?
A. The Supreme Court tries the President.
B. The State legislatures vote on removing the President from office.
C. The Senate tries the President.
D. The President must resign.
C.
Who has the constitutional power to declare war?
A. The Senate B. Congress C. The Supreme Court D. The House of Representatives E. The President
B.
Which of the following is a false statement?
A. The Committee of the Whole refers to House when it acts as one large committee.
B. Few bills survive the law-making process to be debated on the floor of Congress.
C. A conference committee bill cannot be amended by the House or the Senate.
D. A three-fourths vote of Congress is necessary to override a presidential veto.
D.
When the Senate and the House pass versions of the same bill, resolving the differences is the work of a
A. select committee.
B. standing committee.
C. joint committee.
D. conference committee.
D.
Bills which raise or spend money and are only introduced in the House are called
A. minor bills.
B. private bills.
C. public bills.
D. appropriation bill.
D.
A permanent committee that specializes in one subject is called a
A. joint committee.
B. standing committee.
C. select committee.
D. conference committee.
B.
Which of the following is a powerful House committee that determines when and how a bill reaches the House floor?
A. Conference Committee
B. Ways and Means Committee
C. Public Works Committee
D. Rules Committee
D.
Proposed measures that apply to specific individuals or places are called
A. riders.
B. private bills.
C. concurrent resolutions.
D. public bills.
B.
Which of the following is a true statement?
A. A bill immediately becomes law after it is passed by both the House and the Senate.
B. Congress seldom accepts a conference committee bill.
C. The majority of presidential vetoes are overridden by Congress.
D. Most legislative work is done in committee.
D.
Bills that are set aside in committee and never considered again are said to be
A. suspended.
B. pigeonholed.
C. vetoed.
D. marked-up.
B.
If the President does not sign a bill within ten working days while Congress is in session the bill
A. automatically becomes a law.
B. Is sent to the Supreme Court for evaluation.
C. dies.
D. Is sent back to Congress for revision.
A.
Which of the following is a procedure that forces the Rules Committee to send pigeonholed bills to the House floor?
A. Joint Resolution
B. Suspension of rules
C. Discharge procedure
D. Unanimous consent
C.
After introduction and first reading, nearly all bills are
A. debated on the floor of Congress.
B. published in the newspaper.
C. sent to committee.
D. pigeonholed.
C.
The main reason that Congress creates committees is to
A. divide the workload.
B. introduce new bills.
C. educate new members.
D. create party power bases.
A.
Unlimited speaking in the Senate to stall a bill
Filibuster
Congress adjourns within 10 days of submitting a bill to Congress and the President refuses to act on the bill, killing it.
Pocket Vito
A three-fifths vote by senators to end a filibuster
Cloture Rule
The President’s refusal to sign a bill which returns it to Congress
Veto
A proposed law
Bill
An unrelated provision attached to a bill that is likely to pass
Rider
A permanent or temporary committee that includes members of both houses and works to prevent duplication of effort is called a
A. standing committee.
B. joint committee.
C. select committee.
D. conference committee.
B.
A temporary committee that are set up for a specific purpose, such as an investigation, is called a
A. joint committee.
B. select committee.
C. standing committee.
D. conference committee.
B.
If the presidential vote results in a tie,
A. the House of Representatives votes to decide the winner.
B. a run-off election is held.
C. the Supreme Court votes to decide the winner.
D. the Senate votes to decide the winner.
A.
The primary purpose of a party’s national convention is to
A. Develop the party’s platform.
B. Conduct official party financial business.
C. Nominate the party’s candidates for President and Vice President.
D. Provide a keynote address.
C.
According to the 22nd Amendment, the President may serve for a maximum of
A. 4 years.
B. 10 years.
C. 12 years.
D. 8 years.
B.
If the President is temporarily disabled, Vice President may take over if (Mark all that apply.)
A. The action is approved by a majority vote of the Supreme Court
B. The President informs Congress, in writing, that he is unable to discharge the powers and duties of his office.
C. Congress approves the action by a majority vote.
D. The Vice President and the majority of the Cabinet agree that it is necessary and inform Congress, in writing.
B & D
The President and the Vice President are formally elected by the
A. electoral college.
B. legislatures of each state.
C. Senate.
D. direct vote of the American people.
A.
Which of the following is considered a defect in the electoral college system? (Mark all that apply.)
A. Electors may vote for any candidate they wish.
B. It is possible to win the popular vote but lose the election.
C. It is possible the election will be decided in the House.
D. The winner is not known until months after the election.
All but D
Which of the following is a true statement?
A. Upon the death of a President, the Vice President assumes the powers and duties of the presidency, but technically does not become President.
B. The Vice President cannot be removed from office by the President.
C. The secretary of defense is the first Cabinet officer in the line of succession.
D. If the office of Vice President becomes vacant, Congress appoints a new one.
B.
Which of the following is a formal qualification a presidential candidate must meet? (Mark all that apply.)
A. Be a natural born citizen
B. Have lived in the United States for at least 14 years
C. Have been a citizen for at least 14 years
D. Be at least 40 years old
E. Be at least 35 years old
A B & E
Today, each State’s presidential electors are chosen by
A. the State legislatures.
B. direct popular vote.
C. the governor.
D. the political parties.
B.
The official duties of the Vice President are to preside over the Senate and to
A. serve as the United States representative to the United Nations.
B. choose the Cabinet.
C. write legislation.
D. help decide if the President is disabled.
D.
How many electoral college votes must a candidate receive to win the presidency?
A. 404
B. 270
C. 360
D. 538
B.
A republican president travels to California to lend his support to the republican candidate for governor of that state
Chief of Party
Appoints or fires a new Secretary of the Interior
Chief Administrator
Orders U.S. warships into the Persian Gulf
Commander in Chief
The President’s policies help reduce crime and increase prosperity.
Chief Citizen
Proposes, signs, or vetoes a bill
Chief Legislator
Official lights the national Christmas tree during the holiday season
Chief of State
Signs a new trade agreement with China
Chief Diplomat
Most presidential nominees
A. come from large states. B. have controversial public records. C. are married. D. are Catholic. E. are former governors or senators.
A C & E
Most of the Framers opposed choosing the President by popular vote because they
A. did not believe voters would be able to make an informed decision.
B. believed that the public would choose not to vote.
C. did not have the technology to count a national vote quickly.
D. feared there would be widespread fraud if a national vote was allowed.
A.
The president has the power to make a pact with another nation’s leader without Senate approval. This is called a/an
A. executive article.
B. executive order.
C. commutation.
D. executive agreement.
D.
Congress has not declared war for more than 60 years. However, they have authorized the President to take military action a number of times. They have done this by
A. passing joint resolutions.
B. approving treaties.
C. using U.N. resolutions.
D. announcing a state of undeclared war.
A.
As commander in chief, the President may (Mark all that apply.)
A. call up and command the State militias.
B. declare war.
C. send American troops into combat for 60 days without Congressional approval.
D. use the United States army to control domestic uprisings.
All but B
Which of the following are powers of the President? (Mark all that apply.)
A. The power to grant amnesty B. The power of commutation C. The power to grant pardons D. The power of line-item veto E. The power to grant reprieves
All but D
The presidential power to grant pardons allows the President to
A. Postpone the execution of a sentence.
B. Give legal forgiveness to an individual for a crime or crimes they have committed.
C. shorten a person’s prison sentence.
D. Reverse a veto.
B.
If the President refuses to sign a bill within 10 days of the adjournment of Congress, the bill dies. This is called
A. a boot bill.
B. a pocket veto.
C. a line-item veto.
D. clemency.
B.
A directive, rule, or regulation issued by the President that has the effect of law is called a/an
A. executive order.
B. commutation.
C. executive article.
D. executive agreement.
A.
The rule of senatorial courtesy means that
A. the President does not remove officials without the Senate’s consent.
B. the Senate must approve Presidential appointments.
C. before appointing an official who will serve in a State, the President must gain the approval of his/her party’s senators from that State.
D. before removing an official who serves in a State, the President must gain the approval of both senators from that State.
C.
The Framers gave the Senate the power to approve or reject a treaty because
A. It is the “upper house.”
B. They felt the House was too large to maintain secrecy.
C. Senators know more about foreign affairs.
D. Treaties take a long time to formulate and House members serve short terms.
B.
The power of the presidency has been cause for debate mainly because
A. leaders wanted to prevent the President from becoming a tyrant.
B. the presidency is the most powerful office in the world.
C. the presidency is an office that operates in full view of the public.
D. the Constitution provided a loose definition of executive power.
D.
Presidential appointees must be approved by the
A. Supreme Court.
B. Senate.
C. House.
D. House and Senate.
B.
The presidential power of commutation allows the President to
A. appoint officials.
B. use the armed forces to keep the peace.
C. shorten a person’s prison sentence.
D. veto bills.
C.
The President exercises legislative power over Congress by (Mark all that apply.)
A. preventing a bill from coming before the President.
B. routinely telling Congress when it must adjourn.
C. recommending legislation.
D. vetoing legislation.
C & D
Which of the following is a false statement?
A. The majority of presidential vetoes are overridden by Congress.
B. A bill can be law without the President’s signature.
C. A bill can become law without the Presidents signature.
D. Amnesty is blanket pardon offered to a group of law violators.
A.
Which of the following is a true statement?
A. All U.S. Presidents have taken a broad view of their powers.
B. Over history presidential power has grown greatly.
C. The President’s powers are derived from Article III of the Constitution.
D. The term “imperial presidency” implies a weak president.
B.
Short of war, the most extreme diplomatic action a President can take against another nation is to
A. Withdraw United States recognition of that country.
B. Send an ambassador with a list of demands.
C. Demand U.N. sanctions.
D. End trade and other economic agreements.
A.
Which of the following is negotiated by the President, usually through the State Department, and then must be approved by two-thirds of the Senate?
A. An executive agreement
B. A resolution
C. The recognition of a new nation
D. A treaty
D.
Which of the following has helped expand the powers of the President? (Mark all that apply.)
A. The President’s ability to use mass media
B. The constitutional system of checks and balances
C. The powers of the executive branch are centered in one individual, not divided as they are in the legislative branch.
D. The influence of strong Presidents
E. Congress has delegated great power to the President
F. The need for decisive action during national emergencies
All but B
How does the Executive branch of government affect a law once it has been passed?
A. By deciding how to enforce it
B. By rewriting the terms of the law
C. By determining its constitutionality
D. By declaring it persona non grata
A.
The President has the power to (Mark all that apply.)
A. issue executive orders B. enforce the law. C. remove judges. D. Adjourn Congress at any time E. appoint and remove executive branch officials
A B & E
The rule of senatorial courtesy means that
A. before removing an official who serves in a State, the President must gain the approval of both senators from that State.
B. the President does not remove officials without the Senate’s consent.
C. before appointing an official who will serve in a State, the President must gain the approval of his/her party’s senators from that State.
D. the Senate must approve Presidential appointments.
C.
Which of the following are traditional reasons the Federal Government has borrowed money? (Mark all that apply.)
A. To meet the cost of crises
B. To finance large-scale projects
C. To stimulate the economy
D. To make up for the deficit
All but C
A benefit that federal law says must be paid to all those who meet eligibility requirements is called
A. a continuing resolution.
B. an entitlement.
C. controllable spending.
D. a tax cut.
B.
The process of creating the federal budget involves both the President and Congress. While this is a long and cumbersome process it does help maintain
A. the federal system.
B. public participation.
C. a balanced budget.
D. the system of checks and balances.
D.
The major argument against deficit financing by the government is that it
A. will place an unfair burden on tomorrow’s taxpayers.
B. will prevent the growth of new businesses.
C. is unfair to the middle-class.
D. will cut social welfare programs too radically.
A.
Besides raising revenues, the other important reason the Federal Government imposes taxes is to
A. encourage beneficial activities.
B. regulate or end activities that harm the public.
C. stimulate the economy.
D. redistribute the national wealth.
B.
The federal government’s practice of spending more than it takes in is called
A. deficit spending.
B. the national surplus.
C .appropriations.
D. the national debt.
A.
What part of the federal government has the power to determine how and on what federal money will be spent?
A. The Internal Revenue Service (IRS)
B. The Treasury Department
C. The President
D. Congress
D.
The government’s total outstanding indebtedness is the
A. deficit.
B. public debt.
C. surplus.
D. national interest.
B.
A tax levied on the assets of someone who dies
Estate Tax
The higher the income the higher the tax rate
Progressive Tax
A tax placed on goods brought into the United States, also called a tariff
Custom Duty
A tax imposed on gifts made by a living person to another
Gift Tax
A tax which employers withhold from paychecks and send to the government like Social Security taxes
Payroll Tax
A tax placed on the manufacture, sale, or use of goods or services— hidden taxes, sin taxes, luxury taxes
Excise Tax
Everyone pays the same tax rate regardless of income
Regressive Tax
Which of the following is a false statement?
A. The President has the responsibility to prepare the federal budget.
B. The Constitution limits the amount of money the Federal Government can borrow.
C. The Federal Government makes a profit from the minting of coins.
D. Most federal spending falls into the uncontrollable category.
B.
What part of the federal government has the power to borrow money?
A. The Treasury Department
B. Congress
C. The President
D. The Internal Revenue Service (IRS)
B.
Which of the following is a true statement?
A. Congress may tax state and local governments.
B. Congress may vary indirect tax rates from state to state.
C. Congress may tax exports.
D. Congress may tax for public purposes only.
D.
What part of the federal government has the power to tax?
A. The Treasury Department
B.Congress
C. The President
D. The Internal Revenue Service (IRS)
B.
Which of the following is the largest source of federal revenue today?
A. Corporation income tax
B. Seigniorage
C. Individual income tax
D. Social insurance taxes
C.
U.S. marshals are appointed by district judges.
True
False
False
Which of the following are appointed for life and can only be removed by the impeachment process? (Mark all that apply.)
A. Federal magistrates
B. Constitutional court judges
C. Special court judges
D. Supreme Court Justices
B & D
If an armed robbery occurs in the Yellowstone National Park and the suspect is caught in Utah, which court below will have original jurisdiction?
A. A U.S. Court of Appeals B. A state court in Utah C. A federal special court D. A state court in Wyoming E. A federal district court
E.
Concurrent jurisdiction means that a case may be tried by (Mark all that apply)
A. a federal court.
B. a state court.
C. the Supreme Court.
A & B
The court that has the right to hear a case for the first time has
A. appellate jurisdiction.
B. exclusive jurisdiction.
C. original jurisdiction.
D. concurrent jurisdiction.
C.
A court’s list of cases before it is called its docket.
True
False
True
Who has the power to create inferior courts?
A. The Supreme Court
B. The President
C. Congress
D. State governments
C.
What are the duties of federal magistrates assigned to district courts?
A. Oversee federal paperwork tasks
B. Hear bankruptcy cases
C. Make arrests in federal cases
D. Act for the district judge in the more minor legal matters of the court
D.
Which of the following impact or influence the President’s appointment of a federal judge? (Mark all that apply.)
A. The candidate’s judicial philosophy
B. Senatorial courtesy
C. The candidate’s qualifications and accomplishments
D. The candidate’s party affiliation
All of the Above
A federal district court never has
A. exclusive jurisdiction.
B. original jurisdiction.
C. appellate jurisdiction.
D. concurrent jurisdiction.
C.
The U.S. Courts of Appeals was established to lessen the caseload of the Supreme Court.
True
False
True
The person filing the case or initiating a suit is called the
A. prosecutor.
B. plaintiff.
C. magistrate.
D. defendant.
B.
Which of the following is a false statement?
A. An appellate court may reverse or modify the decision of a lower court.
B. Special courts are sometime called legislative courts.
C. Appellate courts have original jurisdiction is some unique cases.
D. In some cases, federal courts have exclusive jurisdiction.
C.
Federal district judges have clerks, bailiffs, reporters, stenographers, and others to assist them. Which of the following are also assigned to a federal judicial district? (Mark all that apply.)
A. One or more federal magistrates
B. One or more bankruptcy judges
C. A U.S. marshal
D. A U.S. attorne
All of the Above
Judicial activism is to decide cases on the basis of precedent and the intent of the Framers.
True
False
False
The life tenure given federal judges helps prevent the executive branch from controlling the judicial branch.
True
False
True
A court that hears a case on appeal from a lower court has
A. appellate jurisdiction.
B. concurrent jurisdiction.
C. original jurisdiction.
D. exclusive jurisdiction.
A.
The majority of the court cases heard in the United States each year are heard in
A. appellate courts.
B. district courts.
C. State courts.
D. constitutional courts.
C.
Federal Courts under the Supreme Court are called
A. inferior courts.
B. state courts.
C. superior courts.
D. municipal courts.
A.
Which of the following is true of United States district courts? (Mark all that apply.)
A. They handle the bulk of the federal caseload.
B. They hear both criminal and civil cases.
C. They are the federal trial courts.
D. They are created as needed by the Supreme Court.
All but D
Chief Justice Charles Evans Hughes once said that the Constitution “means what the judges say it means.” He was defining the Supreme Court’s
A. right to use the writ of certiorari.
B. exclusive jurisdiction.
C. original jurisdiction.
D. power of judicial review.
D.
Examples to be followed in similar cases as they arise in lower courts or reach the Supreme Court
Precedents
A case comes before the Supreme Court because a lower court has requested a clarification regarding a rule of law or procedure
Certificate
An opinion written to make a point that was not made in the Opinion of the Court.
Concurring Opinion
The Opinion of the Court
Majority Opinion
An order made by the Supreme Court to a lower court, requesting the records of a particular trial for its review
Writ of Certiorari
Briefs filed with the Supreme Court from persons or groups who are not parties to a case but have great interest in its outcome
Amicus Curiae Briefs
An opinion disagreeing with the Opinion of the Court
Dissenting Opinion
The great majority of Supreme Court cases come from which two sources? (Mark the two that apply.)
A. State supreme courts
B. Special courts
C. Federal appellate courts
D. District courts
A & C
Most cases heard by the Supreme Court reach it through
A. oral arguments.
B. briefs.
C. writs of certiorari.
D. certificate.
C.
A justice of the Supreme Court may write a dissenting opinion to
A. request an appeal.
B. explain why he or she disagrees with the majority opinion.
C. suggest new laws to Congress.
D. make a point that was not made in the majority opinion.
B.
The power of the courts to decide the constitutionality of an act of government is called
A. setting a precedent.
B. judicial review.
C. amicus curiae.
D. jurisdiction.
B.
The Supreme Court is often called the High Court.
True
False
True
The presiding authority of the Supreme Court is the Chief Justice.
True
False
True
The Supreme Court hears oral arguments and reads briefs
True
False
True
If a case involving the Federal Government reaches the Supreme Court, the government is represent by the solicitor general.
True
False
True
Dissenting opinions are important to future cases because they serve as precedents.
True
False
False
The case of Marbury v. Madison in 1803, is a land mark case because it
A. Reduced the power of the executive branch.
B. determined when the Supreme Court has original jurisdiction.
C. established the principle of judicial review.
D. established a precedent for the making of oral arguments.
C.
Which of the following federal courts exercises both original and appellate jurisdiction?
A. The Supreme Court
B. District Court
C. Court of Appeals
D. The Court of Appeals for the Federal Circuit
A.
The “rule of four” concerns
A. how the Supreme Court makes its decision in a case.
B. how the Supreme Court decides which cases it will hear.
C. how the Chief Justice is chosen.
D. who decides which justice will write a majority opinion.
B.
