Final Exam Chapter 14
13. Which statement about the Supreme Court is true? a. The Supreme Court can influence the nation's policies by deciding to hear some types of cases and refusing to hear appeals in others. b. Congress has the discretion of determining the cases that the Supreme Court will hear. c. The cases that the Supreme Court reviews often involve issues between the executive branch and legislative branch. d. Cases that are not heard during the regular annual term of the Supreme Court are allowed to stand based on the lower court's decision. e. The Supreme Court reviews about 25 percent of the total number of cases that are decided each year.
A
17. A similarity shared by appeals courts and the Supreme Court is that __________. a. both courts consist of the same number of justices to hear cases b. cases that are reviewed are not able to present any evidence c. lawyers addressing the courts can be questioned by the justices at any time d. rulings are handed down immediately following oral arguments e. rulings made by both of the courts are final and cannot be appealed
A
19. During the conferences held by the justices to decide a case __________. a. strict privacy is maintained b. a stenographer is present to take minutes of the meeting c. meetings are recorded for public record according to the Government in the Sunshine Act d. cameras provide a live feed for news programs and viewers on the Internet e. two pages provide clerical assistance to the justices
A
22. Which statement about Supreme Court opinions is most accurate? a. The responsibility of writing the Supreme Court opinion lies with the chief justice. b. A dissenting opinion can be important because it means the case cannot be used as a precedent. c. A Supreme Court justice that agrees with the result reached by the majority of the Court but has different reasoning would issue an amicus curiae brief. d. A concurring opinion reflects the views of most of the Supreme Court justices. e. A unanimous opinion requires all Supreme Court justices to agree on an opinion.
A
24. Some scholars suggest that one of the reasons the Supreme Court hears fewer cases today than in the past is the __________. a. court often groups similar cases into a single larger case b. increasing age and decreasing "vigor" of the Supreme Court justices c. increased influence of judges appointed by Democratic presidents d. increased guidance issued by lower court judges e. drop in number of cases filed in the federal court system
A
26. Which statement about judicial appointment is true? a. When selecting a judicial nominee, the president evaluates competence and political philosophy. b. A judicial nominee is required to testify before the Senate in a confirmation hearing. c. Nominations were under the complete control of the president until the Reagan administration. d. The federal district courts have become a stepping stone to the Supreme Court, so presidents have taken more interest in these appointments. e. The president can choose to confirm or reject a nominee following the Senate hearings.
A
33. Which of the following refers to judicial activism? a. Judicial activism rests on the conviction that the federal judiciary should take an active role by using its powers to check the activities of Congress, state legislatures, and administrative agencies when those governmental bodies exceed their authority. b. Judicial activism rests on the assumption that the courts should defer to the decisions made by the legislative and executive branches. c. Judicial activism rests on the assumption that the courts look to the letter of the law. d. Judicial activism rests on the assumption that the courts determine the context and purpose of the law. e. Judicial activism refers to the courts approaching the Constitution as if it were a contract between the government and the governed.
A
35. The concept of the Constitution being a "living constitution" would be adopted by those who believe in __________. a. broad construction b. judicial activism c. judicial review d. strict construction e. judicial restraint
A
37. Supreme Court decisions by the Roberts Court on issues like environmental protection and partial-birth abortions demonstrate that the Court __________ at that time. a. leaned toward more conservative ideologies b. believed in judicial activism c. interpreted the Constitution strictly d. supported the rights of the individual over the rights of the state e. placed state's rights before that of the federal government
A
40. The executive and legislative branches are responsible for judicial implementation because the Supreme Court __________. a. does not have any enforcement powers b. lacks funding to follow up on rulings c. has limited manpower to execute on decisions d. has a low approval rating with the public e. is the weakest of all three branches
A
42. Presidents have the power to change the direction of the Supreme Court and the federal judiciary by __________. a. appointing new judges who in principle have philosophies consistent with the president b. firing judges and justices on the grounds of incompatibility c. forcing Congress to consider impeachment of specific judges d. declaring martial law, which restricts judicial decision making e. limiting the jurisdiction of the federal courts with an executive order
A
45. Congress can check the power of the federal judiciary in all of the following ways with the exception of __________. a. interpreting laws themselves b. changing the number of judges c. initiating amendments of the US Constitution d. not confirming nominees e. confirming nominees
A
9. Which statements regarding judicial review are most accurate? a. The Court has ruled acts of Congress to be unconstitutional about 200 times in history. b. State laws have been found unconstitutional on a much lower basis when compared to federal laws. c. Judicial review was incorporated into the Constitution to address the need for the judicial branch to check the other two branches. d. The power of judicial review is limited to the Supreme Court. e. Legislation passed by Congress and state legislative bodies is supported by the principle of judicial review.
A
28. The __________ is responsible for overseeing the federal court system including the $5.5 billion budget. a. attorney general b. chief justice c. president d. Senate Judiciary Committee e. solicitor general
B
32. Judicial activism means that the __________. a. Supreme Court should accept as many cases for decision as it can b. Supreme Court should actively check the other branches of government when they exceed their authority c. Supreme Court should have the power of judicial review d. courts should defer to decisions made by the elected representatives of the people whenever possible e. members of the Supreme Court should deliver as many public speeches as possible in an effort to engage and inform the American people
B
39. Today's Supreme Court can be described as having a __________ ideology. a. centrist b. conservative c. liberal d. moderate e. neutral
B
41. Judicial implementation refers to __________. a. decisions made at both the state and federal level b. the execution of court decisions into policy c. legislative review of Supreme Court decisions d. elevating a judge at a lower federal court to a higher federal court when there is a vacancy e. the enforcement powers of the Supreme Court
B
43. If Congress disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. Constitution, it can __________. a. ignore the decision b. propose an amendment to the Constitution that would negate the Court's ruling c. request that the president veto the decision d. pass a new law that would negate the Court's ruling e. do nothing because the court has the final say
B
46. Because the Supreme Court rarely makes broad and clear-cut statements, __________. a. it makes enforcement by the executive branch easy b. lower courts are able to easily interpret the decisions in a different way c. rulings are often appealed for further review d. Congress may ignore enforcement of the rulings e. the ability of the judicial branch to check the executive and legislative branch has been questioned
B
10. Judicial review permits the Supreme Court __________. a. to enforce the separation of powers between the branches of government b. to exercise powers that the founders inferred to in Article I of the Constitution c. to equally share influence when determining with institutional power of the executive and legislative branch d. the ability to disrupt the checks and balances the founders intended to equalize the branches of government e. the power to dominate the other two branches of government and make the judicial branch superior
C
16. Which statement about a writ of certiorari issued by the Supreme Court is most accurate? a. The Supreme Court will only grant a writ of certiorari to cases involving federal laws. b. A writ of certiorari requires state courts to abide by the decisions of the Supreme Court. c. A writ of certiorari indicates that the Supreme Court will review the decision of a lower court. d. The writ of certiorari has been used in only a few cases over the past decade. e. The rule of five requires that at least five Supreme Court justice vote in favor of issuing a writ of certiorari.
C
21. Which statement about Supreme Court decisions is most accurate? a. A case that is affirmed by the Supreme Court is sent back to the court that heard the case for retrial. b. The decision in a court case is remanded when the previous ruling is made void because of an error in the case. c. The reasoning upon which a court ruling was based is known as the opinion. d. If a case is reversed by the Supreme Court, it is not subject to any further action by the courts. e. An opinion per curiam occurs when the Court's written opinion is signed by all nine justices.
C
30. The power of the courts to determine whether a law or action by the other branches of government is constitutional is called __________. a. appellate review of fact b. habeas corpus c. judicial review d. precedent e. the writ of judicial appeal
C
34. A Supreme Court justice who believes they should yield to the views of the legislative branch when interpreting a federal law is following __________. a. judicial activism b. judicial interpretation c. judicial restraint d. judicial review e. strict constructionism
C
36. Strict construction means __________. a. that the Supreme Court should hear the fewest possible cases on appeal b. that the court will stand on precedent c. the attempt to follow the "letter of the law" d. the attempt to understand the law by looking at its context and purpose e. the doctrine that citizens cannot sue their own state governments unless the states permit them to do so
C
8. The Supreme Court's power of judicial review was established by __________. a. Article III of the U.S. Constitution b. the Tenth Amendment c. the Court's decision in Marbury v. Madison d. the Court's decision in Plessy v. Ferguson e. the Court's decision in Kelo v. City of New London
C
12. Which of the following did the Supreme Court argue in the case of Marbury v. Madison? a. Congress had the power to act in matters of commerce because of the necessary and proper clause. b. The president did not have the power to bar the Supreme Court from meeting. c. The court had the power to decide whether or not acts of governors and state legislatures were constitutional. d. The court had the power to decide whether or not acts of Congress and the president were constitutional. e. Secretary of State Madison had to uphold an appointment made during the previous administration.
D
14. It is difficult to predict which case or type of case the Supreme Court might review because __________. a. cases are assigned by the Department of Justice b. the attorney general determines which cases will be heard c. Congress selects the cases that will be decided d. the justices never explain their reasons for hearing certain cases and not others e. cases are selected randomly using a lottery system
D
20. The opinion of a court __________. a. is the statement issued to the press by the winning party b. is not valid until it is approved by a legislative body c. is a statement that cannot be used as a precedent in future cases d. sets forth the reasoning upon which the ruling was based e. is presented immediately following oral argument
D
27. The practice of senatorial courtesy refers to the __________. a. tradition of judges being approved by the Senate only if they belong to the same party that controls the Senate b. ability for senators to have the exclusive right to nominate candidates for the federal district courts in their state c. routine of allowing members of the House to participate in the nomination process d. power provided to senators to veto candidates for federal district courts in their state e. Senate's deferring to the president on court nominees and routinely approving his or her selection
D
31. Judicial review __________. a. is clearly outlined in Article III of the Constitution b. does not provide judges and justices enough influence over national policy c. does not provide the courts the power to protect our constitutional rights and liberties d. is necessary to check Congress's lawmaking authority e. undermines the major policy-making tools of the federal courts
D
44. One effective tool that Congress has at its disposal for controlling the federal courts is the power to __________. a. impeach judges who back policies opposed by Congress b. overturn Supreme Court rulings with which it disagrees c. strip federal courts of their enforcement authority d. limit the funds that are necessary to carry out a court ruling e. veto decisions of the courts
D
11. Which statement about the federal court system is most accurate? a. The United States has a dual court system meaning that there are civil courts and criminal courts. b. Court cases that originate in the state court system reach the Supreme Court only if there is diversity of citizenship among those involved. c. Article III of the Constitution outlines the division of the court system between the federal, state, and specialized courts. d. Before a case can be brought before a court, jurisdiction and standing to sue requirements must be met. e. The federal court derives its power from the Supreme Court and is organized according to Article III of the Constitution.
E
15. The function of the U.S. solicitor general is to __________. a. enforce the decisions of the Supreme Court b. advise the president regarding nominees for federal judge positions c. maintain order in the Supreme Court's courtroom d. serve as the principal legal adviser to members of the Supreme Court e. approve every case the federal government presents to the Supreme Court
E
18. Spoken presentations by attorneys to the appellate court laying out the reasons why the court should rule in his or her client's favor are known as __________. a. affirmation opinions b. briefs c. criminal defenses d. defense statements e. oral arguments
E
25. Which statement about the selection of federal judges is most accurate? a. The procedure for appointing federal judges is outlined in Article I, Section 4 of the Constitution. b. Federal judges serve 8-year terms and can be reappointed to the bench by the president and Senate. c. Independent commissions oversee the selection of federal judge nominees to prevent accusations of patronage. d. The most common occupation for federal judge nominees is serving on a state's Supreme Court. e. Federal judges are nominated by the president and confirmed by a majority of the Senate.
E
29. The opportunity for the president to appoint members to the federal judiciary is valuable because __________. a. the Court can move to find activities of Congress unconstitutional b. a majority of presidents have been able to make more than five appointments to the bench while in office c. rulings related to redistricting and election laws will be altered to favor the president's political party d. the Court is able to move swiftly to begin ruling in favor of the president's ideology e. the political views of the president will continue to be institutionalized long after they have left the White House
E
38. The current chief justice of the U.S. Supreme Court is __________. a. Samuel Alito b. Elena Kagan c. Anthony Kennedy d. William Rehnquist e. John Roberts
E
. The body of judge-made law is known as __________. a. administrative regulations b. common law c. criminal law d. judicial maxims e. statutory law
b
7. The rules and principles announced in court decisions are called __________. a. administrative regulations b. case law c. judicial traditions d. jurisdiction e. statutes
b
6. The U.S. Constitution is recognized as the supreme law of the land because __________. a. of the widespread dissatisfaction with the weak federal government that had existed under the Articles of Confederation b. a single document was needed to outline to other nations the governing system that the Founders had created c. some states lack a constitution that provides the details of the checks and balances within their state government d. the British recognized it as our founding document after its North American colonies declared their independence in 1776 e. it defines the actions of government into categories: obligatory, meritorious, permissible, reprehensible, and forbidden
c
2. Laws in the United States are based largely on the __________. a. doctrines of Friedrich Engels, a German philosopher b. ideas of Thomas Paine, an American patriot and legal scholar c. laws during the time of the republic in the Roman Empire d. English common-law tradition
d
23. The number of cases reviewed by the Supreme Court has __________. a. risen since the 1980s to over 200 cases per term b. remained constant over the past three decades c. varied from term to term with some years peaking at 280 cases and other years dropping to 61 cases d. dropped to less than 100 cases per term e. dropped drastically to only 54 cases per term in 2010
d
4. A court rule bearing on subsequent legal decisions in similar cases is called __________. a. common law b. criminal law c. a judicial maxim d. a precedent e. statutory law
d
5. What statement about the doctrine of stare decisis is the most accurate ? a. The common law changes very slowly to permit rational decision making in each branch of the government. b. The Supreme Court is required to issue an opinion after a ruling. c. Most citizens can know that the law will remain consistent in its expectations for them. d. Judges must abide by precedent of earlier cases unless there is a clear reason to distinguish the current case from its predecessors. e. The Supreme Court is able to promote judicial review through regularly scheduled reviews of case law.
d
3. As the number of courts and cases increased, portions of the most important decisions of each year were compiled in __________. a. case law b. common law c. dockets d. legal volumes e. year books
e
