Question 1

According to the Constitution, the federal courts can issue a decision only

Accepted Answer

A)   in response to actual legal cases.
B)   in cases where the U.S. government is one of the parties involved in the dispute.
C)   on cases heard previously by a state court and appealed by the losing party.
D)   in cases where the U.S. government is one of the parties involved in the dispute, and where the cases were heard previously by a state court and appealed by the losing party.
E)   None of these answers is correct.F) B) and D)
G) A) and C)

Question 2

The Supreme Court issues about __ opinions a year.

Accepted Answer

A)   10
B)   30
C)   85
D)   200
E)   450F) C) and D)
G) A) and B)

Question 3

A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a

Accepted Answer

A)   writ of certiorari.
B)   landmark decision.
C)   writ of mandamus.
D)   precedent.
E)   writ of error.F) A) and D)
G) A) and C)

Question 4

The "federal court myth" overlooks the fact that

Accepted Answer

A)   most cases arise under state law, not federal law.
B)   nearly all cases that originate in state courts are never reviewed by federal courts.
C)   federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
D)   most cases arise under state law, not federal law; nearly all cases that originate in state courts are never reviewed by federal courts; and federal courts must normally accept the facts of a case as determined by a state court when reviewing its decision.
E)   None of these answers is correct.F) A) and E)
G) B) and E)

Question 5

The long-serving chief justice that established the principle of judicial review was

Accepted Answer

A)   Charles Evans Hughes.
B)   Hugo Black.
C)   Clarence Thomas.
D)   John Marshall.
E)   Benjamin Cardozo.F) B) and E)
G) All of the above

Question 6

A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a

Accepted Answer

A)   plurality opinion.
B)   concurring opinion.
C)   leading opinion.
D)   prevailing opinion.
E)   per curiam.F) B) and E)
G) A) and D)

Question 7

Compared to Supreme Court nominations, those for the lower federal courts

Accepted Answer

A)   are, although much greater in number, irrelevant to a president's policy agenda.
B)   are not subject to partisan consideration.
C)   have typically involved nominees who held elective office, particularly a seat in the U.S. Senate.
D)   are not subject to senatorial courtesy.
E)   None of these answers is correct.F) A) and D)
G) B) and C) E

Question 8

A concurring opinion

Accepted Answer

A)   explains the chief justice's position on a case.
B)   is a separate view written by a justice who votes with the majority but disagrees with its reasoning.
C)   is delivered when the Court interprets a constitutional issue.
D)   is delivered when at least two justices, but less than a majority, hold the same opinion in a case.
E)   explains why the Court accepted the case in the first place.F) B) and E)
G) D) and E)

Question 9

About ________ percent of the nation's legal cases are decided in state court systems.

Accepted Answer

A)   10
B)   25
C)   50
D)   75
E)   95F) A) and B)
G) All of the above E

Question 10

Compared with the decision in a Supreme Court case, the opinion is more significant because it

Accepted Answer

A)   determines the losing party in a case and the penalty to be imposed on this party.
B)   reveals the conflicts between the justices, which the president and Congress can use in determining their position on judicial appointments and new legislation.
C)   informs others of the Court's interpretation of the laws and thereby guides their decisions.
D)   addresses the constitutional aspects of a case, whereas the decision addresses the statutory aspects.
E)   None of these answers is correct.F) B) and C)
G) C) and D)

Question 11

Over the last fifteen or so years, the Supreme Court can BEST be said to be practicing judicial

Accepted Answer

A)   activism.
B)   liberalism.
C)   restraint.
D)   socialism.
E)   relativism.F) B) and D)
G) B) and E)

Question 12

Precedent, while not an absolute constraint on the courts, is needed to

Accepted Answer

A)   preserve the courts as a counter majoritarian institution.
B)   maintain legal consistency over time, so confusion and uncertainty about the law can be avoided.
C)   check the president in the area of public law.
D)   balance the policy making authority of Congress.
E)   check the president in the area of foreign policy.F) A) and E)
G) A) and C)

Question 13

According to living constitution theory

Accepted Answer

A)   the Supreme Court should rule as the Founding Fathers would have back in 1787.
B)   the Constitution should be adaptable to current conditions and challenges.
C)   the Supreme Court cycles between periods of judicial activism and periods of judicial restraint.
D)   there is one single Constitution rooted in natural law that applies in every country throughout history.
E)   None of these answers is correct.F) None of the above
G) D) and E)

Question 14

The Supreme Court has original jurisdiction in legal disputes involving

Accepted Answer

A)   foreign diplomats.
B)   the president.
C)   the Congress.
D)   private parties.
E)   free speech and equal protection issues.F) B) and C)
G) C) and E)

Question 15

In its ruling in Citizens United v. Federal Election Commission, the Supreme Court

Accepted Answer

A)   invalidated the use of union money in federal election campaigns.
B)   lifted restrictions in corporate and union spending in federal election campaigns.
C)   placed restrictions on the amounts that individuals can donate to federal election campaigns.
D)   placed limits on the amounts that corporations can donate to federal election campaigns.
E)   eliminated the provision for matching federal campaign funds in presidential elections.F) C) and D)
G) B) and E)

Question 16

Which of the following Supreme Court justices was appointed by President Dwight Eisenhower?

Accepted Answer

A)   Sandra Day O'Connor
B)   John Stevens
C)   Earl Warren
D)   Louis Brandeis
E)   David SouterF) C) and D)
G) A) and B)

Question 17

The laws applicable to a case

Accepted Answer

A)   reveal the relevant circumstances of the case, and are determined solely by trial courts.
B)   are more important than the facts of a case, and supersede the facts when the two conflict.
C)   constrain the judiciary, because court decisions must be based on applicable laws.
D)   apply only in the area of criminal cases and not in the area of civil disputes.
E)   None of these answers is correct.F) B) and E)
G) A) and B) C

Question 18

The Supreme Court is MOST likely to grant ________ when the U.S. government-through the solicitor general-requests it.

Accepted Answer

A)   original jurisdiction
B)   certiorari
C)   a per curiam decision
D)   a writ of error
E)   mandamusF) C) and D)
G) D) and E)

Question 19

The constitutional provision that federal judges and justices hold office "during good behavior" has

Accepted Answer

A)   meant, in effect, that they will serve until they die or choose to retire.
B)   provided them the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress.
C)   enabled presidents to influence judicial policy through their appointments long after leaving the White House.
D)   had all of these effects: Federal judges and justices serve, effectively, until they die or choose to retire; they are provided the opportunity to carry out their duties without immediate fear of reprisal by the president or Congress; and presidents are able to influence judicial policy through their appointments long after leaving the White House.
E)   None of these answers is correct.F) C) and D)
G) A) and B)

Question 20

Of the following Supreme Court justices, which has been the MOST liberal?

Accepted Answer

A)   Anthony Kennedy
B)   Earl Warren
C)   Ruth Bader Ginsburg
D)   Clarence Thomas
E)   Thurgood MarshallF) C) and D)
G) None of the above

Exam 14: The Federal Judicial System: Applying the Law

According to the Constitution, the federal courts can issue a decision only

Correct AnswerverifiedShow Answer

The Supreme Court issues about __ opinions a year.

Correct AnswerverifiedShow Answer

A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a

Correct AnswerverifiedShow Answer

The "federal court myth" overlooks the fact that

Correct AnswerverifiedShow Answer

The long-serving chief justice that established the principle of judicial review was

Correct AnswerverifiedShow Answer

A written Supreme Court opinion that, in the absence of a majority opinion, represents the reasoning of most of the justices who side with the winning party is a

Correct AnswerverifiedShow Answer

Compared to Supreme Court nominations, those for the lower federal courts

Correct AnswerverifiedE

A concurring opinion

Correct AnswerverifiedShow Answer

About ________ percent of the nation's legal cases are decided in state court systems.

Correct AnswerverifiedE

Compared with the decision in a Supreme Court case, the opinion is more significant because it

Correct AnswerverifiedShow Answer

Over the last fifteen or so years, the Supreme Court can BEST be said to be practicing judicial

Correct AnswerverifiedShow Answer

Precedent, while not an absolute constraint on the courts, is needed to

Correct AnswerverifiedShow Answer

According to living constitution theory

Correct AnswerverifiedShow Answer

The Supreme Court has original jurisdiction in legal disputes involving

Correct AnswerverifiedShow Answer

In its ruling in Citizens United v. Federal Election Commission, the Supreme Court

Correct AnswerverifiedShow Answer

Which of the following Supreme Court justices was appointed by President Dwight Eisenhower?

Correct AnswerverifiedShow Answer

The laws applicable to a case

Correct AnswerverifiedC

The Supreme Court is MOST likely to grant ________ when the U.S. government-through the solicitor general-requests it.

Correct AnswerverifiedShow Answer

The constitutional provision that federal judges and justices hold office "during good behavior" has

Correct AnswerverifiedShow Answer

Of the following Supreme Court justices, which has been the MOST liberal?

Correct AnswerverifiedShow Answer

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E

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E

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C

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