POLS Quiz #7
There are ________ circuits in the U.S. Court of Appeals.
12
The president appoints judges of courts created under Congress's Article I power for
15 years.
In all of American history, the Supreme Court has concluded that fewer than ________ acts of Congress have directly violated the Constitution.
160
Marbury v. Madison was decided in
1803.
Under normal rules of oral argument, each lawyer has ________ to present his or her case before the Supreme Court.
30 minutes
Congress has authorized the appointment of ________ federal district court judges in the United States.
678
How many justices currently serve on the Supreme Court?
9
Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.
9,000; 80
There are ________ U.S. district courts.
94
________ protects federal judges from political pressure by granting them life tenure.
Article III of the U.S. Constitution
The size of the U.S. Supreme Court is set by
Congress.
________ and ________ are the two MOST common types of civil law cases.
Contracts; torts
Which of the following statements about state and federal court procedures is MOST accurate?
Federal courts are required to provide a grand jury, a 12-member trial jury, and a unanimous jury verdict, while state courts are not.
What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?
It is the duty of the federal judges to say what the law is; therefore, it is necessary for them to interpret and expound the law.
Which of the following statements about Congress's delegation of power to the executive is MOST accurate?
Since the New Deal, the courts have not struck down any congressional delegation of power to the executive branch as impermissibly broad.
The ________ is established by the Constitution and cannot be abolished by a congressional law.
Supreme Court
Why has partisan conflict surrounded federal judicial appointments in recent years?
The federal courts play an increasingly important role in shaping American law and politics.
Which of the following statements best describes the formal requirements of serving as a federal court judge?
There are no formal requirements to serve as a federal court judge.
Which of the following would the Supreme Court likely refuse to hear because the case lacked "ripeness"?
a case involving a citizen suing the Social Security Administration for failure to deliver Social Security benefits prior to the time the citizen was scheduled to receive the benefits
Which of the following would the Supreme Court likely refuse to hear because of "mootness"?
a case involving a student who was first rejected but then, later, admitted to a state-run university suing that university for discrimination in the admissions process
Cases in which the U.S. government is a party are
always heard in a federal court.
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.
amicus curiae
Marbury v. Madison (1803) is an important case because the justices
authorized the Supreme Court to exercise judicial review over laws passed by Congress.
The written document in which attorneys explain why the court should rule in favor of their clients is called a(n)
brief.
Most cases reach the Supreme Court through a writ of
certiorari.
In ________ cases, the losers cannot be fined or incarcerated by the state.
civil law
The written opinions of appellate courts have been described as halfway between ________ law and ________ law.
common; statutory
The government is always the plaintiff in ________ law.
criminal
The increase of administrative agencies since the New Deal has resulted in a(n)
delegation of power by Congress to administrative agencies.
The Supreme Court struck down state laws in the cases Brown v. Board of Education and Pavan v. Smith because the statutes in question
denied citizens equal protection of the law.
Trial courts in the federal judicial system are called
district courts.
Appeals courts
do not hear witnesses or examine additional evidence before reaching their decisions.
The essence of the rule of law is
ensuring that "the state" and its officials are judged by the same laws as the citizenry.
The jurisdiction of the federal courts is determined
for the most part by geography.
Activist judges believe that federal judges should
go beyond the words of a constitution or statute to consider the broader societal implications of their decisions.
The requirement of standing means that parties in a case must
have a concrete injury or interest at stake.
The assignment of the opinion in a Supreme Court case is
important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
If someone is an advocate of the philosophy of judicial restraint, he or she believes
in looking only at the words of the Constitution in order to understand its meaning.
A class-action suit is a legal action
in which a group of individuals with common interests can file a suit on behalf of everyone who shares that interest.
Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.
judicial review
What is common law?
law made by judges through their decisions, not through specific statutes
The solicitor general is the
lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.
Once the president has formally nominated an individual for a federal judgeship, the nominee
must be considered by the Senate Judiciary Committee and be confirmed by a majority vote in the full Senate.
If a defendant is found not guilty in a criminal case, the government is
not entitled to appeal the verdict.
In a typical tort case
one individual charges that he or she has been injured by another's negligence or malfeasance.
The federal courts have ruled that the "case or controversy" clause of the Constitution means that they do NOT have the
power to render advisory opinions to legislatures or agencies about the constitutionality of proposed laws or regulations.
A certiorari pool describes the
practice by which Supreme Court law clerks work together to evaluate each petition.
Prior cases whose principles are used by judges to decide current cases are called
precedents.
The chief justice of the Supreme Court
presides over the Court's public sessions and private conferences.
Generally speaking, state defendants seeking a federal writ of habeas corpus must
show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals.
Aside from the justices themselves, who or what has the greatest power in shaping the flow of cases to the Supreme Court?
solicitor general
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
stare decisis
The Supreme Court's power to review acts of Congress has NOT been seriously questioned because
the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years.
What did the framers call the "LEAST dangerous branch" of American government?
the Supreme Court
If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied
the due process of law.
A writ of habeas corpus declares that
the government must show a legal cause for holding someone in detention.
The power of the Supreme Court to review state actions and legislation is implied by
the supremacy clause of Article VI.
Normally, ________ hear(s) a specific case on a federal circuit court of appeals.
three judges
The first court to hear a criminal case involving a violation of state law is called a(n) ________ court.
trial
Cases ________ are NOT part of the original jurisdiction of the U.S. Supreme Court.
where more than $1 million is at stake
