Ch. 14 Federal Judiciary

A Supreme Court opinion written when the majority of the justices agree on the legal reasoning for the decision is a(n)... A. majority opinion. B. plurality opinion. C. dissenting opinion. D. concurring opinion. E. adjunct opinion.

A. majority opinion.

There are ________ federal courts of appeal. A. 2 B. 13 C. 50 D. 94 E. 435

B. 13

The U.S. courts of appeals... A. hear new evidence in appealed cases. B. review district court decisions. C. are the highest courts to use juries. D. decide for the Supreme Court the cases it will review. E. None of these answers is correct.

B. review district court decisions.

A written Supreme Court opinion that disagrees with what the majority of the justices decided is a(n)... A. majority opinion. B. plurality opinion. C. dissenting opinion. D. concurring opinion. E. adjunct opinion.

C. dissenting opinion.

The lowest level of the federal court system is the... A. circuit court of appeal. B. highest level of the state courts. C. district court. D. justice of the peace. E. supreme judicial tribunal.

C. district court.

There are ________ federal district courts. A. 2 B. 13 C. 50 D. 94 E. 435

D. 94

Of the following Supreme Court justices, which has been or was the most conservative? A. Anthony Kennedy B. Earl Warren C. Ruth Bader Ginsburg D. Clarence Thomas E. Thurgood Marshall

D. Clarence Thomas

The long-serving chief justice that established the principle of judicial review was... A. Charles Evans Hughes. B. Hugo Black. C. Clarence Thomas. D. John Marshall. E. Benjamin Cardozo.

D. John Marshall.

Federal judges are... A. nominated by the president. B. confirmed by the U.S. Senate. C. appointed for an indefinite period, providing they maintain "good behavior." D. all of these: nominated by the president, confirmed by the U.S. Senate, and appointed for an indefinite period providing they maintain "good behavior." E. None of these answers is correct.

D. all of these: nominated by the president, confirmed by the U.S. Senate, and appointed for an indefinite period providing they maintain "good behavior."

What is the most common method in the states for the selection of judges? A. appointment by the state supreme courts B. promotion from within the legal establishment C. appointment by the governor D. election to office E. appointment by state legislatures

D. election to office

Of the following Supreme Court justices, which has been or was the most liberal? A. Anthony Kennedy B. Earl Warren C. Ruth Bader Ginsburg D. Clarence Thomas E. Thurgood Marshall

E. Thurgood Marshall

Less than ________ of the cases heard by federal appeals courts are later reviewed by the Supreme Court. A. 1 percent B. 10 percent C. 25 percent D. 33 percent E. 50 percent

A. 1 percent

A writ of certiorari is... A. a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear. B. the statement explaining the reasoning behind a Supreme Court decision. C. the official transcript of Supreme Court proceedings. D. a statement from a group not directly involved in a Supreme Court case, indicating the group's opinion on the legal issue at hand. E. an application for a waiver of court fees due to indigence.

A. a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear.

Over the last two decades, the Supreme Court can best be said to be practicing judicial... A. activism. B. liberalism. C. restraint. D. socialism. E. relativism.

A. activism.

The term stare decisis refers to... A. adherence to precedent. B. judicial activism. C. judicial restraint. D. judicial review. E. excessive partisanship.

A. adherence to precedent.

An amicus curiae ("friend of the court") brief provides a court with the view held by... A. an interest that is not a direct party to the case. B. the Justice Department. C. the House and Senate judiciary committees. D. the American Bar Association. E. the solicitor general.

A. an interest that is not a direct party to the case.

Studies by political scientists show that Supreme Court justices... A. are strongly influenced by their political beliefs. B. are slightly influenced by their political beliefs. C. are not influenced by their political beliefs. D. strive to ensure that their political beliefs do not influence their decisions. E. all share the same political beliefs.

A. are strongly influenced by their political beliefs.

According to the doctrine of judicial restraint, the judiciary should... A. defer to decisions made by the legislature. B. deny most appeals for retrials. C. deny individual rights when they conflict with the majority's desires. D. decline to make any decision that requires judges to give added meaning to the words of the Constitution. E. conform to the will of the people as measured by public opinion polls.

A. defer to decisions made by the legislature.

With regard to the lower courts, the Supreme Court's primary responsibility is... A. establishing legal precedents that will guide their decisions. B. correcting any technical mistakes the lower courts make in the cases they hear. C. settling jurisdictional disputes among federal judges. D. settling jurisdictional disputes between state and federal judges. E. All of these answers are correct.

A. establishing legal precedents that will guide their decisions.

The Supreme Court has original jurisdiction in legal disputes involving... A. foreign diplomats. B. the president. C. Congress. D. private parties. E. free speech and equal protection issues.

A. foreign diplomats.

According to the Constitution, the federal courts can issue a decision only... A. in response to a case presented to it. 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.

A. in response to a case presented to it.

The constitutional provision that federal judges and justices hold office "during good behavior" has... A. meant, in effect, that they will serve until they die or choose to retire. B. eliminated any legal ability by Congress to remove a judge from office. C. removed all presidential influence over judicial policy. D. was intended to give voters control over the conduct of federal judges. E. None of these answers is correct.

A. meant, in effect, that they will serve until they die or choose to retire.

The appointment of federal judges is influenced most substantially by... A. partisanship. B. logrolling. C. pork barreling. D. affirmative action. E. personal friendships.

A. partisanship.

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... A. plurality opinion. B. concurring opinion. C. leading opinion. D. prevailing opinion. E. per curiam.

A. plurality opinion.

Regarding Supreme Court procedures, which one of the following statements is NOT accurate? A. When part of the majority, the chief justice decides which justice will write the majority opinion. B. A concurring opinion is a view written by a justice who votes with the majority and agrees with its reasoning. C. A dissenting opinion is an opinion of a judge who votes against the majority. D. Attorneys who argue a case before the Supreme Court operate under strict time limits. E. The Court's opinion, not the decision, is used as the primary legal basis for lower court actions based on the decision.

B. A concurring opinion is a view written by a justice who votes with the majority and agrees with its reasoning.

In which of the following situations is the Supreme Court most likely to grant certiorari? A. A state government has a legal conflict with a city government. B. A lower court ruling conflicts with a previous Supreme Court ruling. C. The justices believe a lower court made a mistake in a routine ruling. D. A key issue in state law must be settled. E. Lower courts have made the same consistent but incorrect ruling on a single issue.

B. A lower court ruling conflicts with a previous Supreme Court ruling.

Which of the following is true of the history of judicial activism and restraint in the U.S.? A. John Marshall tried to shape the Court around the principal of judicial restraint. B. Judicial activism is sometimes unfairly associated with liberal justices. C. For a long period after the Civil War, the Court became activist by trying to heavily regulate economic expansion. D. The last two decades have seen a largely liberal Supreme Court act in activist ways. E. Judicial restraint has been the norm for the vast majority of time the Court has existed.

B. Judicial activism is sometimes unfairly associated with liberal justices.

The appointment of which Supreme Court justice in 2006 swung the Supreme Court to the right? A. Ruth Bader Ginsburg B. Samuel Alito C. John Roberts D. Elena Kagan E. Antonin Scalia

B. Samuel Alito

The facts of a case... A. are largely irrelevant, in that the judiciary has wide freedom with decisions. B. affect which law or laws will apply to the case. C. are important only if the case involves a statutory dispute. D. are important only if the case involves a constitutional dispute. E. are important about 50 percent of the time.

B. affect which law or laws will apply to the case.

A concurring opinion... 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.

B. is a separate view written by a justice who votes with the majority but disagrees with its reasoning.

Which legal doctrine holds that in nearly every instance, policy issues should be decided by elected lawmakers and not by appointed judges? A. judicial activism B. judicial restraint C. judicial legitimacy D. appellate jurisdiction E. judicial executive power

B. judicial restraint

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

B. lifted restrictions in corporate and union spending in federal election campaigns.

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

B. maintain legal consistency over time, so confusion and uncertainty about the law can be avoided.

Federal judges are... A. nominated by the Senate and approved by both houses of Congress. B. nominated by the president and approved by the Senate. C. nominated by the president and approved by both houses of Congress. D. elected by majority vote in their respective districts. E. elected by majority vote in their respective states.

B. nominated by the president and approved by the Senate.

The merit plan applies to... A. selection of judges in the federal system. B. selection of judges in some states' systems. C. jurisdiction in the federal system. D. jurisdiction in the state systems. E. None of these answers is correct.

B. selection of judges in some states' systems.

Which of the following Supreme Court justices was appointed by President Dwight Eisenhower? A. Sandra Day O'Connor B. John Stevens C. Earl Warren D. Louis Brandeis E. David Souter

C. Earl Warren

In which of the following ways is the Supreme Court less diverse than in the past? A. There are fewer women on the current Court than in some previous years. B. Far more appointees come from the elective office. C. Far more appointees come from the appellate courts. D. There is fewer minority judges on the current Court than in previous years. E. The average age of Court members is much higher than it has been in previous years.

C. Far more appointees come from the appellate courts.

Which of the following Supreme Court justices was appointed during the Clinton administration? A. Sandra Day O'Connor B. Clarence Thomas C. Ruth Bader Ginsburg D. Robert Bork E. John Paul Stevens

C. Ruth Bader Ginsburg

The Supreme Court is likely to grant a hearing when a case involves... A. an issue of state law as opposed to an issue of federal law. B. an issue of private law as opposed to an issue of public law. C. an issue that is being decided inconsistently by the lower federal courts. D. the possibility that an innocent person has been wrongly convicted of a crime. E. an issue dealing with state constitutional law.

C. an issue that is being decided inconsistently by the lower federal courts.

With regard to public opinion, the Supreme Court... A. ignores it in order to make decisions that are based on enduring values rather than the public's passing whims. B. remains uninformed about it because justices stay on the bench for life and never face the public scrutiny of an election. C. attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions. D. attempts to follow it very closely in order to create public enthusiasm for its rulings. E. None of these answers is correct.

C. attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions.

The laws applicable to a case... 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.

C. constrain the judiciary, because court decisions must be based on applicable laws.

The power of the Supreme Court is most apparent in its ability to... A. issue advisory opinions when Congress is considering a new bill. B. impeach federal judges who consistently ignore its rulings. C. declare another institution's action to be unconstitutional. D. override any decision of a state court. E. issue advisory opinions to the president on a regular basis.

C. declare another institution's action to be unconstitutional.

The Supreme Court decision in Marbury v. Madison is significant... A. as the first instance of the court ruling on a state matter. B. as the first use of judicial activism. C. for the establishment of judicial review. D. as the first instance of the Court ruling on a disagreement between states. E. as the Court's first non-majority opinion.

C. for the establishment of judicial review.

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

C. informs others of the Court's interpretation of the laws and thereby guides their decisions.

Opposition to the judiciary's creative policy-making role is a consistent tenet of judicial... A. activism. B. liberalism. C. restraint. D. conservatism. E. relativism.

C. restraint.

Compared to Supreme Court nominations, those for the lower federal courts... 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. do not involve recommendations from senators or House members. D. None of these answers is correct.

D. None of these answers is correct.

________ was the first black justice to serve on the U.S. Supreme Court. A. Clarence Thomas B. Antonin Scalia C. Robert Bork D. Thurgood Marshall E. Laurence Tribe

D. Thurgood Marshall

In most instances,... A. criminal cases are tried in federal courts and civil cases are tried in state courts. B. criminal cases are tried in state courts and civil cases are tried in federal courts. C. both criminal cases and civil cases are tried in federal courts. D. both criminal cases and civil cases are tried in state courts. E. None of these answers is correct.

D. both criminal cases and civil cases are tried in state courts.

Of the 13 courts of appeals in the United States,.... A. all are assigned geographically to groups of states to deal with disputes over state laws. B. one is devoted to issues involving military tribunals and the District of Columbia. C. five have jurisdiction over disputes involving foreign territories or countries and the District of Columbia. D. eleven have jurisdiction over a "circuit" comprised of the district courts in anywhere from three to five states. E. three are devoted to dealing with disputes involving the overlapping contradiction between state and federal laws.

D. eleven have jurisdiction over a "circuit" comprised of the district courts in anywhere from three to five states.

In Citizens United v. Federal Election Commission, the Supreme Court... A. issued a decision that led to a decrease in political spending in campaigns. B. upheld the 2002 Bipartisan Campaign Reform Act. C. ruled that corporations cannot legally be considered persons. D. illustrated that it is a political body. E. nullified the power of the Federal Election Commission to monitor campaign spending.

D. illustrated that it is a political body.

The principal of judicial review grants the judiciary the authority to... A. make political decisions; judges can overturn any congressional or presidential decision they personally dislike. B. decide which laws apply to a particular case. C. ignore public opinion when making decisions. D. invalidate the actions of other institutions when judges believe they have acted unconstitutionally. E. strike down certain sections of the Constitution.

D. invalidate the actions of other institutions when judges believe they have acted unconstitutionally.

The "federal court myth" overlooks the fact that... 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 confine themselves to the federal aspects of a case when reviewing a state court 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 confine themselves to the federal aspects of a case when reviewing a state court decision. E. None of these answers is correct.

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 confine themselves to the federal aspects of a case when reviewing a state court decision.

Although federal district courts are theoretically bound by Supreme Court precedents, they sometimes deviate because... A. the facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court. B. federal judges may decide different legal reasoning is justified. C. ambiguities or unaddressed issues in Supreme Court rulings give lower courts some flexibility in deciding cases. D. of all these factors: The facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court; federal judges may different legal reasoning is justified, and ambiguities or unaddressed issues in the Court's rulings give lower courts some flexibility in deciding cases. E. None of these answers is correct.

D. of all these factors: The facts of a case are seldom precisely the same as those of similar cases decided by the Supreme Court; federal judges may different legal reasoning is justified, and ambiguities or unaddressed issues in the Court's rulings give lower courts some flexibility in deciding cases.

A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a... A. writ of certiorari. B. landmark decision. C. writ of mandamus. D. precedent. E. writ of error.

D. precedent.

The Supreme Court grants certiorari to fewer than ________ cases each year. A. 10 B. 30 C. 50 D. 75 E. 100

E. 100

More than ________ of the nation's legal cases are decided in state or local court systems. A. 10 percent B. 25 percent C. 50 percent D. 75 percent E. 95 percent

E. 95 percent

In selecting judges, the states rely on what method? A. political appointment B. competitive elections of a partisan nature C. competitive elections of a nonpartisan nature D. merit selection E. All of these answers are correct.

E. All of these answers are correct.

The federal district courts A. is the chief trial court of the federal system. B. is the only federal court where the two sides present their case to a jury for a verdict. C. are the courts that, in practice, make the final decision in most federal cases. D. exist in each state. E. All of these answers are correct.

E. All of these answers are correct.

When asked if he had made any mistakes as president, ________ replied, "Yes, two, and they are both sitting on the Supreme Court." A. Ronald Reagan B. Jimmy Carter C. Richard Nixon D. Lyndon Johnson E. Dwight Eisenhower

E. Dwight Eisenhower

The United States has two court systems, state and federal. The federal system... A. has discretionary jurisdiction over all cases arising in the state system. B. is the only one with appellate courts. C. is the only one based on the constitutional doctrine of the separation of powers. D. is the only one that has judges who are appointed to office. E. None of these answers is correct.

E. None of these answers is correct.

Why was the Supreme Court ruling in Faragher v. City of Boca Raton, which relied on the context of the anti discrimination provisions of the Civil Rights Act of 1964, demonstrative of the ambiguities of the law? A. The case arrived at the Supreme Court without the Court requesting a writ of certiorari. B. The case involved administrative law, but the Court used statutory law as a basis for its decision. C. It involved the votes of justices that had opposed the Civil Rights Act but who used the Civil Rights Act in the justification for their ruling. D. The minority dissenting opinion refused to use the Civil Rights Act as a justification. E. The case dealt with sexual harassment in the workplace, which is not mentioned in the Civil Rights Act.

E. The case dealt with sexual harassment in the workplace, which is not mentioned in the Civil Rights Act.

What are the constitutional requirements for being a federal judge? A. at least 30 years old and a citizen of the United States B. at least 25 years old and a citizen of the United States C. at least 30 years old and a resident of the specific judicial district D. at least 30 years old and a lawyer in good standing with the state bar E. There are no constitutional requirements for being a federal judge.

E. There are no constitutional requirements for being a federal judge.

How long do federal judges serve? A. two years B. four years C. eight years D. ten years E. until they retire, die, or are removed through the impeachment and conviction process

E. until they retire, die, or are removed through the impeachment and conviction process