AP GOV courts review
Proponents of which of the following believe that it is appropriate for judges to make bold policy decisions when doing so is necessary to address pressing societal needs? a. judicial restraint b. strict constructionism c. judicial activism d. originalism
judicial activism
All of the following are true regarding judicial activism EXCEPT:
judicial activists use precedents to make case decisions
If a judge believes that he or she should defer to the decisions made by elected representatives whenever possible, the judge likely believes in which of the following? a. judicial activism b. the attitudinal model of decision making c. originalism d. judicial restraint
judicial restraint
What is the term given to the power of the courts to determine whether the actions of Congress and the executive branch are permissible under the Constitution? a. original jurisdiction b. strict construction c. judicial review d. stare decisis
judicial review
The Court of Military Appeals is an example of which type of court? a. constitutional b. district c. legislative d. circuit
legislative
Which of the following political groups would have been most likely to support the decisions of The Warren Court from 1953-1969?
liberals
In Federalist No. 78, Alexander Hamilton claims that
lifelong appointments will increase the independent nature of the judiciary
Federal district court judges are appointed to ___________ terms. a. three-year b. 10-year c. 20-year d. lifetime
lifetime
The conferences of the U.S. Supreme Court are __________. a. limited to the justices and other Court staff b. limited to the justices themselves c. open to the justices and the public d. open to the justices and the media
limited to the justices themselves
What do grand juries and petit juries have in common?
none of the above
Which of the following describes an amicus curiae brief?
none of the above
What are two types of jurisdiction courts can have? a. original and appellate b. trial and appeals c. constructionist and restrained d. active and restrained
original and appellate
______________ is the authority of a court to hear a case first, thus determining the facts of the case. a. original jurisdiction b. judicial review c. jurisprudence d. confirmation
original jurisdiction
The Lemon Test, the Strict Scrutiny Test, and the Clear and Present Danger Test are all judicial tests that...
provide continuity in judicial rulings
In a process known as __________ the Senate generally allows senators of the president's party from the state in which a judicial vacancy occurs to block the nomination. a. advice and consent b. presidential deference c. judicial review d. senatorial courtesy
senatorial courtesy
UC Regents v. Bakke acted as a "stare decisis" for Gratz v. Bollinger. This means that Bakke...
set a significant precedent for how Gratz should be ruled
Why did Justice Souter wait until 2009 to retire? a. so that he would get a bigger pension b. so that Barack Obama rather than George W. Bush would name a new justice c. to avoid the appearance of impropriety when deciding important cases on the docket in 2008 d. to ensure that he would be covered under the Affordable Care Act
so that Barack Obama rather than George W. Bush would name a new justice
Who represents the federal government in appeals to the Supreme Court? a. attorney general b. president c. solicitor general d. chief prosecutor
solicitor general
Which of the following must plaintiffs have in order to sustain a lawsuit in court? a. a serious injury b. money c. standing to sue d. an attorney
standing to sue
According to the principle of __________, a court should not overturn precedent unless it is absolutely necessary. a. original intent b. judicial review c. stare decisis d. prior restraint
stare decisis
When a court bases its decision or opinion on previous court decisions or rulings, that is called? a. per curiam b. stare decisis c. coram nobis d. amicus curiae
stare decisis
Which of the following limits judicial power? a. judicial review b. judicial activism c. stare decisis d. life tenure
stare decisis
decisions made in federal district courts should theoretically always be based on:
stare decisis
In which courts are the vast majority of all cases tried? a. federal b. district c. state d. appellate
state
Marbury v. Madison established
that the Supreme Court can declare laws unconstitutional
Which of the following must confirm all federal judges? a. the House of Representatives b. the Supreme Court c. the Senate d. the states
the Senate
Which of the following has the most control over the cases it hears? a. federal district courts b. trial courts c. state courts of original jurisdiction d. the U.S. Supreme Court
the U.S. Supreme Court
The case United States v. National Treasury Employees Union was deemed to be lacking in ripeness because...
the effects of using the line-item veto could not yet be determined
In order for a judicial remedy to be effective, it needs the support of
the executive branch
In Shaw v. Reno the Supreme Court reversed a lower court's decision because it concluded that..
the plaintiffs had grounds for relief due to the Fourteenth Amendment.
Who nominates judges to the U.S. district courts? a. the president b. the House of Representatives c. the Senate d. the Supreme Court
the president
When the government loses in a lower court, who decides whether to appeal a case to the Supreme Court? a. the president of the Senate b. the solicitor general c. the Supreme Court clerk of courts d. the chief justice of the United States
the solicitor general
To "have standing" means that:
they can prove they suffered harm that was directly caused by the defendant
Which of the following us one way that the judicial branch checks Congress?
through its power of judicial review
Based on Article III of the Constitution, which of the following best describes the likely intent of the appellate jurisdiction of the Supreme Court?
to allow the Supreme Court to reconsider lower court decisions
A concurring opinion is:
when a Justice writes his or her opinion, agreeing with the majority, but for different legal reasons
The practice of senatorial courtesy is used
when a president nominates judges who have been recommended by their state's Senator(s)
Under which of the following circumstances would a presidential nominee to the Supreme Court have the most trouble being confirmed? a. when the House is opposed to the nominee's ideological orientation b. when a president nominates a woman or an ethnic or racial minority c. when a president makes a nomination at the beginning of his or her term d. when a president's party affiliation is in the minority in the Senate
when a president's party affiliation is in the minority in the Senate
A writ of certiorari is:
when the US Supreme Court requests to review the legal paperwork for a lower court decision
Which of the following Anti-Federalist authors inspired the writing of Federalist No. 78?
"Brutus"
How many district courts are in the federal system? a. five b. 16 c. 91 d. 412
91
The views expressed in Federalist No. 78 are best seen as evidence of which of the following in late 18th century American society?
A concern that disagreements between the states which occurred during the Confederation necessitated the creation of a national judiciary.
Which of the following groups would most likely support the expansion of judicial review?
Advocates of judicial activism
In which of the following instances can the Supreme Court utilize the power of judicial review?
After an executive order is issued and challenged in the courts
Alexander Hamilton, the author of Federalist No 78, most strongly supports which of the following statements about a national judiciary?
An independent, national judiciary is the best safeguard of the integrity of the Constitution
This part of the Constitution allows Congress to establish inferior courts:
Article I Section 8
Which Supreme Court case resulted in the "one-person, one-vote" principle, which required legislative districts within a state to have roughly the same number of eligible voters to ensure equal representation?
Baker v. Carr
Shaw v. Reno (1993) has the most in common with which of the following Supreme Court cases?
Baker v. Carr (1962)
The constitutional rationale expressed in the concurring opinion of Shaw v. Reno (1993) is similar to that of which of the following Supreme Court cases?
Brown v. Board of Education of Topeka (1954)
According to the Constitution, which of the following powers does Congress hold over the judicial branch?
Congress can establish the size of the Supreme Court and establish inferior courts
Which of the following statements about the Supreme Court's appellate jurisdiction is true?
Congress can modify and expand it
Which of the following was influenced by the ambiguity in Article III?
Court packing
Which of the following is true of the role of Solicitor General?
He or she argues more cases in front of the Supreme Court than the Attorney General
Under which chief justice did the Supreme Court establish the power of judicial review? a. James Madison b. John Marshall c. Oliver Wendell Holmes d. Earl Warren
John Marshall
Which of the following describes the issues of judicial restraint vs. judicial activism?
Judicial activism tends to be associated with liberals, whereas judicial restraint tends to be associated with conservatism
Groups that advocate for which of the following would be most likely to oppose the expansion of judicial review implied by Marbury v. Madison?
Judicial restraint
The __________ Act of 1789 established the basic three-tiered structure of the federal court system. a. Federal Courts b. Appellate c. Confirmation d. Judiciary
Judiciary
Which of the following led to the development of the federal court system after the ratification of the Constitution?
Judiciary Act of 1789
In which of the following cases did the Supreme Court first exercise judicial review? a. Chisholm v. Georgia b. Brown v. Board of Education c. Dred Scott v. Sandford d. Marbury v. Madison
Marbury v. Madison
Which of the following cases reaffirmed Hamilton's feelings towards judicial review as found in Federalist No. 78?
Marbury v. Madison (1803)
Which of the following accurately explains the ruling of Hernandez v. Texas?
Mexican-Americans were given equal protection under the 14th Amendment
This part of the Constitution allows Congress to establish one Supreme Court:
None of the above
Who attempted to expand the number of Supreme Court justices in 1937? a. Chief Justice Warren b. Chief Justice Marshall c. President Hoover d. President Roosevelt
President Roosevelt
Shaw v. Reno (1993) reflects what shifts in American political beliefs?
Redistricting based on racial considerations should come under closer scrutiny
Which of the following most clearly states the outcome of Shaw v. Reno (1993)?
Redistricting plans based on race must be held to a high standard of scrutiny under the Fourteenth Amendment and ensure compliance with the Voting Rights Act of 1965.
In 1987, the Senate refused to confirm the nomination of __________ to the Supreme Court. a. Antonin Scalia b. Earl Warren c. Robert Bork d. John Roberts
Robert Bork
Based on Federalist No. 78 and your knowledge of the New Deal era, which of the following best describes President Franklin Roosevelt's relationship with the Supreme Court?
Roosevelt hoped to refashion the composition of the Supreme Court to make it more amendable to his New Deal agenda
At President Roosevelt's urging, Congress passed dozens of laws designed to end the Depression. Why did the Supreme Court initially overturn some of these laws? a. The Court believed that federal intervention in the economy was unconstitutional. b. The Court believed that Roosevelt was meddling in the Court's jurisdiction. c. The Court typically gave deference to the decisions enacted by the elected branches of government. d. Federal intervention in the economy was perceived as being the best way to end the Great Depression.
The Court believed that federal intervention in the economy was unconstitutional.
Which of the following political groups would support the viewpoint depicted in the dissenting opinion of Shaw v. Reno (1993)?
The Democratic Party
The outcome of Shaw v. Reno (1993) rests most heavily on which of the following clauses manifested in the U.S. Constitution?
The Equal Protection Clase
Which of the following organizations would most likely advocate for the concurring opinion of Shaw v. Reno (1993)?
The Heritage Foundation
What was one of the short-term effects of Federalist No. 78?
The creation of the federal court system by Congress through the Judiciary Act of 1789
A political scientist would most likely use Federalist No. 78 to illustrate which of the following?
The independent nature of the national judiciary
Which of the following best describes a major assumption made by Alexander Hamilton in Federalist No. 78?
The judiciary would remain the weakest of the three branch of the national government
The dissenting opinion of Shaw v. Reno (1993) is most closely associated with which constitutional interpretation?
The original intent of the Fourteenth Amendment was to provide equal protection for the blacks following emancipation and the abolition of slavery.
the Supreme Court will be most likely to issue a writ of certiorari dealing with a policy issue if the case has which of the following characteristics?
There have been several conflicting rulings amongst the circuit courts
Which of the following notable American leaders would come to question Alexander Hamilton's views about the power of the national judiciary?
Thomas Jefferson
In which ways does the judicial branch check the executive?
Through its power of judicial review
Which Court was one of the most active in shaping public policy in the twentieth century? a. Rehnquist b. Warren c. Fortas d. Chase
Warren
Which of the following refers to the "Rule of Four" in the US Supreme Court?
a four-justice minimum needed to agree to hear a case in the Supreme Court
Which of the following people/parties are involved with Original Jurisdiction of the Supreme Court?
ambassadors and consuls
Only a(n) __________ court can review the decisions of a lower court. a. trial b. original c. administrative d. appellate
appellate
When the U.S. Supreme Court agrees to hear a case appealed to it from a court of appeals, it is exercising its __________ jurisdiction. a. original b. constitutional d. appellate
appellate
Most cases taken by the Supreme Court to review are
appellate jurisdiction cases
Which of the following is within the original jurisdiction of the Supreme Court? a. federal criminal matters b. tax disputes c. military tribunals d. cases prosecuting diplomats
cases prosecuting diplomats
A writ of __________ is issued by the Supreme Court when it agrees to hear a case. a. mandamus b. prohibition c. certiorari d. attachment
certiorari
Which type of law involves the violation of the legal rights of one individual toward another? a. civil b. natural c. recidivist d. criminal
civil
Which of the following are most commonly heard by the U.S. Supreme Court? a. federal habeas corpus cases b. original jurisdiction cases c. civil actions from lower federal courts d. criminal cases from state and federal courts
civil actions from lower federal courts
What type of standing permits a small number of people to sue on behalf of all other people in similar circumstances? a. criminal b. statute c. class action d. justiciable
class action
Brown v. Board of Education was a(n) _________ because it benefited Linda Brown and all other children in similar situation
class-action suit
Which of the following is an opinion written by a justice who voted with the majority but has s an alternative basis for the decision? a. concurring b. dissenting c. majority d. per curiam
concurring
Shaw v. Reno (1993) most likely resulted in a plurality decision because
conservative and liberal justices interpret the Fourteenth Amendment differently
Which court hears appeals from federal independent regulatory commissions? a. courts of appeals b. the cabinet c. district courts d. U.S. Supreme Court
courts of appeals
A judge who believes in using judicial restraint believes that his or her judicial obligation is to a. declare a law to be null and void only if conflicts with Constitutional principles. b. help meet the wants and needs of the American people c. rule in accordance with what he or she feels is best for society d. broadly interpret the meaning of the Constitution in order to support laws that helpful to society. e. mobilize the people to amend the Constitution
declare a law to be null and void only if conflicts with Constitutional principles.
a judge who believes in using judicial restraint believes that his or her judicial obligation is to...
declare a law to be null and void only if it conflicts with Constitutional principles
The Supreme Court decision in Citizens United v. FEC impacted government policies by
declaring the Bipartisan Campaign Reform Act unconstitutional, allowing limitless donations to campaigns under certain provisions
Which type of federal court hears the largest number of cases?
district court
In which federal courts are trials conducted? a. circuit courts b. district courts c. courts of appeals d. the Supreme Court
district courts
a litmus test is used
during the nomination process of a federal judge
The Supreme Court hears cases from state courts only if they involve a __________ question. a. common b. civil c. federal d. criminal
federal
McCulloch v. Maryland established that:
federal law supersedes state law
Which of the following is a way that interest groups attempt to influence the Supreme Court's decisions? a. claiming disputes are justiciable b. filing standing to sue briefs c. lobbying legislators d. filing amicus curiae briefs
filing amicus curiae briefs
Which of the following would be the direct result for a justice if he or she were to break the "good behavior" requirement of Article III of the Constitution?
impeachment
How and whether judicial decisions are translated into actual policy is known as judicial __________. a. implementation b. execution c. legislation d. intention
implementation
In Federalist #78, Alexander Hamilton argues that in relation to the other two branches, the judicial branch..
is inherently the weakest of the branches and the least likely to encroach on liberty
which of the following is true of a dissenting opinion?
itv explains why a Justice does not agree with the decision of the Court's majority