GOVT Chapter 15

19. The Supreme Court has had __________ African-American members in its history. A. 1 B. 2 C. 5 D. 9

B. 2

60. In 1789, there were __________ justices sitting on the Supreme Court. A. 5 B. 6 C. 7 D. 9

B. 6

15. There have been 16 Chief Justices of the Supreme Court in history. The current Chief Justice is A. Warren Burger. B. John Roberts C. Anthony Kennedy. D. William Rehnquist.

B. John Roberts

56. Judicial review, the power of the judiciary to review the acts of other branches of government, was established for the state governments in A. Marbury v. Madison. B. Martin v. Hunter's Lessee. C. McCulloch v. Maryland. D. Gibbons v. Ogden.

B. Martin v. Hunter's Lessee.

10. Most Supreme Court cases fall under the rubric of A. original jurisdiction. B. appellate jurisdiction. C. political review. D. legislative court.

B. appellate jurisdiction.

8. In a civil case, the party who brings a case against a defendant is referred to as the A. state. B. plaintiff. C. petitioner. D. attorney general.

B. plaintiff.

23. What is a writ of mandamus? a. A court order directing an official to act b. The most common method by which cases come to the Supreme Court c. The process by which cases are settled out of court d. A court's judgment in tort cases

a. A court order directing an official to act

41. Which of the following would be a case of original jurisdiction before the U.S. Supreme Court? a. A lawsuit between the United states and one of the states. b. The kidnap and murder of a federal official. c. Any case appealed from a U.S. district court. d. The president appoints the judges and decides the cases they will hear.

a. A lawsuit between the United states and one of the states.

24. Lower federal courts are created by: a. Congress c. the President b. the Constitution d. the Supreme Court

a. Congress

20. The Supreme Court has had __________ female members in its history. A. 2 B. 4 C. 7 D. 11

A. 2

53. The judiciary was called the "least dangerous branch" by A. Alexander Hamilton. B. James Madison. C. George Washington. D. Thomas Jefferson.

A. Alexander Hamilton.

62. In the case of __________, the Supreme Court ruled that it had the right to hear suits brought by the citizens of one state against another under Article I, section 2. A. Chisholm v. Georgia B. Marbury v. Madison C. Gibbons v. Ogden D. Fletcher v. Peck

A. Chisholm v. Georgia

55. Judicial review, the power of the judiciary to review the acts of other branches of government, was established for the national government in A. Marbury v. Madison. B. Martin v. Hunter's Lessee. C. McCulloch v. Maryland. D. Gibbons v. Ogden.

A. Marbury v. Madison.

63. The third Chief Justice of the Supreme Court was A. Oliver Ellsworth. B. John Marshall. C. Samuel Chase. D. Joseph Story.

A. Oliver Ellsworth.

65. The jurisdiction of courts to hear the facts of a case is termed A. original. B. appellate. C. trial. D. standing.

A. original.

13. In court rulings, a reliance on past decisions or precedents to formulate decisions on new cases is called A. stare decisis. B. solicitation. C. strict construction. D_certiorari.

A. stare decisis.

16. The Supreme Court has a staff of A. 700. B. 500. C. 400. D. 250.

C. 400.

54. In the federal court system, courts lower than the Supreme Court are established by A. Article III. B. judicial review. C. Congress. D. the Supreme Court.

C. Congress.

61. The first Chief Justice of the Supreme Court was A. Thomas Jefferson. B. James Wilson. C. John Jay. D. John Marshall.

C. John Jay.

12. A document containing the collected legal arguments in a case that is filed with a court prior to trial is called a(n) A. precedent. B. initiative. C. brief. D. amicus curiae.

C. brief.

59. The Judiciary Act of 1789 A. created the Supreme Court and its jurisdictions. B. established the state court structures. C. established the basic structure of the federal court system. D. granted the Supreme Court the power of judicial review.

C. established the basic structure of the federal court system.

6. The jurisdiction of federal courts is controlled by A. Congress. B. the executive branch, particularly the Department of Justice. C. the Constitution and statutes. D. the Constitution alone.

C. the Constitution and statutes.

9. The Supreme Court's original jurisdiction accounts for __________% of its caseload. A. 42-48 B. 21-32 C. 9-14 D. 2-5

D. 2-5

14. Since 1869, the Supreme Court has consisted of __________ justices. A. 6 B. 7 C. 8 D. 9

D. 9

52. The outlines of the federal judicial branch are located in A. the Preamble. B. Article I. C. Article II. D. Article III.

D. Article III.

11. The U.S. Supreme Court can hear appeals from A. lower federal courts. B. state high courts. C. the Court of Military Appeals. D. all of the above.

D. all of the above.

18. In general, a nominee for the Supreme Court must fit certain criteria including A. competence. B. ideological and/or policy preferences. C. religion or gender. D. all of the above.

D. all of the above.

58. Among the checks on the powers of the Court are A. Congress can alter the jurisdiction of the Supreme Court. B. decisions can be reversed by constitutional amendment. C. judges can be impeached and removed from office. D. all of the above.

D. all of the above.

64. John Marshall, as Chief Justice, transformed the Court into a coequal branch of government through key decisions such as McCulloch v. Maryland that A. outlawed seriatim opinions. B. made the Court the final arbiter of constitutionality. C. declared state laws invalid. D. broadly interpreted the necessary and proper clause.

D. broadly interpreted the necessary and proper clause.

57. The term for Supreme Court justices and federal judges is for A. 4 years. B. 8 years. C. 10 years. D. good behavior.

D. good behavior.

17. The justices of the Supreme Court are A. elected in nonpartisan balloting. B. appointed solely by the president. C. selected by the Senate. D. nominated by the president and confirmed by the Senate.

D. nominated by the president and confirmed by the Senate.

7. Appellate courts usually A. hear only criminal cases. B. hear only civil cases. C. determine the credibility of the facts of a case. D. review the legal procedures of a case not the facts.

D. review the legal procedures of a case not the facts.

34. Qualifications for members of the Supreme Court a. are not established in the Constitution. b. include a minimum of 7 years experience as a federal district court judge. c. include admission to the bar in a minimum of 32 states. d. both b and c

a. are not established in the Constitution.

39. The common law is also known as a. judge-made law. b. statutory law. c. constitutional law. d. executive-made law.

a. judge-made law.

72. Judges who tend to interject their own values into their interpretations of the law are practicing a. judicial activism. b. judicial restraint. c. habeas corpus. d. strict constructionism.

a. judicial activism.

80. The Constitution contains all of the following provisions about the Supreme Court EXCEPT: a. justices serve ten-year terms. b. Congress can create courts inferior to the Supreme Court. c. the president is to nominate candidates for the Supreme Court. d. the Senate must confirm candidates for the Supreme Court.

a. justices serve ten-year terms.

78. Statutory law consists of all laws enacted by: a. legislature. b. bureaucracy. c. court. d. public-interest groups.

a. legislature.

37. The chief justice a. presides at the conference. b. writes all the dissenting opinions. c. writes all opinions of the Court. d. decides which cases the Court will review.

a. presides at the conference.

27. Which is not true of federal judges? a. they never rule on cases involving state law. b. they enjoy high prestige. c. they are appointed for life. d. they are nominated by the president and confirmed by the Senate.

a. they never rule on cases involving state law.

31. The federal court system is a three-tiered model consisting of a. trial courts, intermediate courts of appeals, and the Supreme Court. b. county courts, stat courts, and national appellate courts. c. legislative courts, executive courts, and judicial courts. d. civil case courts, criminal case courts, and appellate courts.

a. trial courts, intermediate courts of appeals, and the Supreme Court.

22. The total number of justices on the Supreme Court is: a. 7 b. 9 c. 11 d. 13

b. 9

38. The Supreme Court's original jurisdiction is conferred by a. Congress. b. Article III of the Constitution. c. the president. d. the chief justice.

b. Article III of the Constitution.

51. Which of the following agencies is a part of the Department of Homeland Security? a. the Federal Aviation Administration b. U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service) c. the Federal Trade Commission d. all of the above

b. U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service)

77. The district and appellate court structure of the federal court system was established by a. the Constitution. b. an act of Congress. c. the Supreme Court. d. presidential order.

b. an act of Congress.

44. The largest portion of the Supreme Court's caseload comes from a. judicial review. b. appellate jurisdiction. c. writs of mandamus. d. original jurisdiction

b. appellate jurisdiction.

46. When state law conflicts with federal law, a. state law takes precedence. b. federal law takes precedence. c. the Supreme Court decides which shall take precedence. d. Congress decides which shall take precedence.

b. federal law takes precedence.

67. Civil cases between citizens of different states a. are heard first in the relevant state supreme courts. b. may be heard in federal court if the matter in controversy exceeds $10,000. c. are automatically heard in federal court. d. are always heard in state court.

b. may be heard in federal court if the matter in controversy exceeds $10,000.

74. Most traditional criminal offenses ( murder, theft, arson,) are defined and tried at the a. federal level. b. state level. c. federal and state levels equally. d. appellate level.

b. state level.

26. The number of seats on the Supreme Court is determined by: a. the Constitution b. the Congress c. the president: d. the current members of the Supreme Court

b. the Congress

73. The Constitution mandated the existence of a. a three-tiered federal court system. b. the Supreme Court only. c. separate courts for civil and criminal cases. d. elected judges.

b. the Supreme Court only.

42. Who decides what cases the Supreme Court will hear on appeal from the lower courts? a. The Constitution specifies the appeals cases the Court must hear. b. Congress has ruled that the Court must hear all cases appealed to it. c. The Court decides for itself what cases it will hear. d. The president appoints the judges and decides the cases

c. The Court decides for itself what cases it will hear.

75. What power does the Supreme Court have over a lower court? a. The power to fire disloyal judges. b. The power to change its work assignments. c. The power to reverse its decisions. d. The power to reduce salaries and restrict budgets.

c. The power to reverse its decisions.

36. A writ of certiorari by the Supreme Court orders a. both parties in a case to reach agreement without further litigation. b. state courts to abide by the decisions of the Court. c. a lower court to send it the record of a case for review. d. the state legislature to rewrite legislation that was founded unconstitutional.

c. a lower court to send it the record of a case for review.

79. A body of rules and regulations made by administrative agencies in the executive branch in order to carry out the objectives of legislative programs is : a. constitutional law. b. statutory law. c. administrative law. d. common law.

c. administrative law.

28. An important power of the chief justice of the Supreme Court is his/her power to a. select associate justices of the court. b. prohibit dissenting opinions. c. assign the written opinion if he/she is in the majority. d. remove associate justices from the Court.

c. assign the written opinion if he/she is in the majority.

25. Cases before the Supreme Court are decided: a. unanimously c. by majority vote b. by 2/3 vote d. by plurality vote

c. by majority vote

66. In the federal court system, the majority of disputes end in the a. courts of appeals. b. U.S. Supreme Court. c. district courts. d. U.S. Court of Appeals for the Federal Circuit.

c. district courts.

33. Most federal cases originate in a. state district courts. b. special legislative courts. c. federal district court. d. the state court of last resort for criminal cases.

c. federal district court.

70. The custom of senatorial courtesy a. encourages courteous behavior on the floor of the Senate. b. gives senators the power to appoint state court judges. c. gives a senator of the president's party an influential role in the selection of district court judges when vacancies occur in his or her state. d. requires the House of Representatives to vote for all Senate- approved judicial nominees.

c. gives a senator of the president's party an influential role in the selection of district court judges when vacancies occur in his or her state.

2. There are ______ federal district courts in the United States. a. thirteen b. fifty-one c. ninety-four d. one hundred

c. ninety-four

30. Federal judges can be removed a. by presidential dismissal. b. by national election. c. only by impeachment. d. only if they are senile

c. only by impeachment.

69. The solicitor general is appointed by the a. Congress. b. attorney general. c. president. d. chief justice.

c. president.

76. The difference between an appellate court and a trial court is that an appellate court a. has original jurisdiction. b. conducts trials jury. c. reviews previous court decisions. d. is a court of first instance.

c. reviews previous court decisions

40. All of the following are limitations on the power of the supreme Court except a. the Congress establishes the Supreme Court's appellate jurisdiction. b. the Court must depend on the executive branch to enforce its decisions. c. the Court's members are selected by the chief justice. d. members of the Court are subject to impeachment and conviction by Congress.

c. the Court's members are selected by the chief justice.

68. The Supreme Court's original jurisdiction is conferred by a. the president. b. the chief justice. c. Congress. d. Article III of the Constitution.

d. Article III of the Constitution.

43. Once the Supreme Court has decides how it will rule on a case, who writes the Court's opinion? a. The chief justice writes the opinion. b. The most junior justice has to do all the writing. c. The justices vote on who should write for them. d. Either the Chief justice or the senior justice in the majority assigns the opinion writing

d. Either the Chief justice or the senior justice in the majority assigns the opinion writing

1. The "rule of four" refers to the a. Fact that four judges sit in appellate court proceedings. b. Existence of four levels of courts from local to national. c. What must happen before writs of habeas corpus are issued. d. Need for four Supreme Court justices to vote to hear a case on appeal.

d. Need for four Supreme Court justices to vote to hear a case on appeal.

71. Plea Bargaining is a process by which a. a defendant makes an emotional plea for mercy from the court. b. jurors make deals among themselves in order to reach a verdict. c. civil cases involving large sums of money are settled out of court. d. a defendant pleads guilty in exchange for a lighter sentence.

d. a defendant pleads guilty in exchange for a lighter sentence.

50. Which of the following is an example of a civil case? a. a divorce action b. a suit for damages arising from an automobile accident c. a suit for violation of a business contract d. all of the above

d. all of the above

47. When a party not directly involved in a court case files a brief supporting one side or the other, it is called a(n) _______ brief. a. certiorari b. stare decisis c. tort d. amicus curiae

d. amicus curiae

45. U.S. attorneys, who are the main administrators of federal law enforcement, are a. popularly elected. b. appointed by federal district court judges. c. appointed by U.S. house members in whose districts they serve. d. appointed by the president, whit advice and consent of the Senate.

d. appointed by the president, whit advice and consent of the Senate.

21. The main function of the U.S. Courts of Appeals is to: a. decide on the guilt or innocence of defendants. b. hear any new evidence discovered after the trial c. ease the workload of the judges in the District Court. d. decide if the original trial was held correctly.

d. decide if the original trial was held correctly.

29. One of the main Differences between the selection of federal and state judges is the a. nonpolitical selection of federal judges. b. appointment of all state judges. c. election of many federal judges. d. election of many state judges.

d. election of many state judges.

35. Before any court can hear a case a. the jury must be selected. b. all appeals must be filed with the court clerk. c. both parties must agree on a neutral judge. d. it must have jurisdiction- the power to decide the case.

d. it must have jurisdiction- the power to decide the case.

48. The dissenting opinion is important because a. it represents the position of the Chief Justice of the Supreme Court. b. it is the statement of the defendant's attorney to the Court. c. in criminal law it must be carried out by local police units. d. it often forms the basis of the arguments used years later in reversing the majority opinion in a similar case.

d. it often forms the basis of the arguments used years later in reversing the majority opinion in a similar case.

4. Appellate court proceedings may include a. jurors. b. witnesses. c. cross-examination. d. oral argument.

d. oral argument.

5. If the chief justice is not in the majority when the case is decided, the responsibility for opinion assignment rests with a. the most junior justice on the Court. b. the most senior associate justice in the minority. c. the chief justice's law clerks. d. the most senior associate justice in the majority.

d. the most senior associate justice in the majority.

3. There are ______ U.S. courts of appeals. a. twenty-five b. fifty c. nine d. thirteen

d. thirteen

32. The doctrine of stare decisis means a. to reverse the decision of a lower court. b. that the court does not have jurisdiction in a case. c. to refer a case to the next highest court. d. to stand on the decided cases.

d. to stand on the decided cases.

49. In Supreme Court decisions, a concurring opinion is a. written by the chief justice to show that he agrees. b. written by a "friend of the Court" to disagree with the decision. c. written by a member of the minority to disagree with the decision. d. written by a member of the majority, who disagrees with the reasoning in the decision.

d. written by a member of the majority, who disagrees with the reasoning in the decision.