Chapter 12 Quiz

A lawsuit seeking damages for "all persons similarly situated" is called a. a class-action suit. b. an amicus curiae suit. c. a writ of certiorari. d. a criminal suit.

A

A procedure used by the Supreme Court in determining which cases it will hear is called ______, after the number of justices who must vote to grant a petition for review. a. the rule of four b. the gang of four c. the sign of four d. the rule of six

A

Case law includes all of the following EXCEPT a. constitutional amendments. b. judicial interpretations of common law principles and doctrines. c. judicial interpretations of constitutional provisions. d. judicial interpretations of statutes.

A

During its first term, the Roberts Court a. accepted few controversial cases for review. b. accepted many controversial cases for review. c. began a leftward drift. d. struck down a federal law banning partial-birth abortion.

A

The doctrine of ______ rests on the assumption that the courts should defer to the decisions made by the legislative and executive branches. a. judicial restraint b. judicial activism c. habeas corpus d. the rule of four

A

The power of the courts to determine whether a law or action is constitutional is called a. judicial review. b. appellate review of fact. c. precedent. d. the writ of judicial appeal.

A

Which of the following statements best describes the George W. Bush Administration's stand on enemy combatants? a. Enemy combatants could be held indefinitely. b. Enemy combatants are treated like prisoners of war. c. Enemy combatants are not supposed to be detained by military tribunals. d. Enemy combatants could request warrants without having to justify the request.

A

If a case is remanded, it a. is sent to the supreme court of the state in question. b. is sent back to the court that originally heard the case. c. can only be of a civil nature—criminal cases cannot be remanded. d. must be decided within the calendar year.

B

In terms of judicial implementation or enforcement of Supreme Court rulings, the Court a. has now acquired it own police force. b. has no enforcement powers and depends on the cooperation of the other two branches of government to carry out its decisions. c. does not make decisions that have to be enforced. d. allows Congress to set up legislative review.

B

Justiciable controversies are those which a. are no longer valid. b. are real and substantial, as opposed to hypothetical or academic. c. arise when the opinions on the Supreme Court are unanimous. d. can be found in a case's dissenting opinion.

B

Public opinion can serve as a check on the judiciary because a. people have the ability to vote federal judges out of office if they do not approve of the rulings of the courts. b. a court may lose stature if it decides a case in a way that markedly diverges from public opinion. c. the Supreme Court typically polls the public as a basis for their decisions. d. the president will veto a Supreme Court decision if it is politically unpopular.

B

Which of the following best describes judicial activism? a. The Supreme Court should review as many cases as they can. b. The federal judiciary should actively check the activities of governmental bodies when they exceed their authority. c. The Supreme Court exercises judicial review. d. The courts should not play politics.

B

All of the following are true about presidential appointments to the Supreme Court EXCEPT a. presidents usually appoint people who belong to the president's political party. b. presidents see their appointments as a way to institutionalize their political views long after they have left office. c. President Obama's appointments to the Supreme Court changed the ideological balance of the Court. d. President Bush appointed two justices to the Supreme Court.

C

Standing to sue is a. determined by whether or not a court has jurisdiction over the matter. b. determined by whether or not the Supreme Court will hear a case. c. determined by whether or not a person or group has suffered a harm or has been threatened harm as a result of the action that led to the dispute in question. d. the decorum that is expected in dealing with the Supreme Court during trial.

C

Supreme Court justices are a. appointed by the Senate. b. elected every ten years. c. appointed by the president. d. confirmed by the House of Representatives.

C

When the Supreme Court decides an issue, ______ are obligated to abide by the Court's decision. a. only other federal courts b. only individual state supreme courts c. all of the nation's courts d. all courts in every country with a common law tradition

C

Which of the following are the three levels of federal courts in the United States? a. Appellate courts, the U.S. Supreme Court, and state supreme courts b. State municipal courts, U.S. district courts, and the U.S. Supreme Court c. U.S. district courts, intermediate U.S. courts of appeal, and the U.S. Supreme Court d. Municipal courts, intermediate U.S. courts of appeal, and the U.S Supreme Court

C

A Supreme Court justice who disagrees with the majority opinion may a. ask the Court to hear the case again. b. send the case back to a lower court. c. may ask that the case be put aside to be reviewed at a later time. d. write a dissenting opinion.

D

A dissenting opinion can be 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. d. it often forms the basis of the arguments used later if the Court reverses the previous decision and establishes a new precedent.

D

A written opinion of the Supreme Court is best described as a. a press release. b. a recommendation to Congress. c. advice to the President. d. the Court's ruling on the issue presented, its reasoning, and applicable law.

D

All of the following are true of the Supreme Court EXCEPT a. the Supreme Court's term begins on the first Monday in October. b. of all the cases decided each year in U.S. courts, the number of cases reviewed by the Supreme Court represent less than one in four thousand. c. decisions of the Supreme Court profoundly affect our lives. d. the Supreme Court has never heard a case involving the issue of capital punishment.

D

Most American law is based on a. the writings of Friedrich Engels. b. the ideas of Thomas Paine. c. Roman custom and tradition. d. the English legal system.

D

The body of judge-made law that originated in England from decisions shaped according to prevailing custom is known as a. administrative regulations. b. criminal law. c. judicial maxims. d. common law.

D

The concept of senatorial courtesy refers to the a. Senate approving judges only if they belong to the same party that is in control of the Senate. b. practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in their state. c. practice of allowing members of the House to participate in the nomination process. d. practice of allowing a senator to veto a judicial appointment for federal district courts in his or her state.

D

U.S. district courts are considered a. intermediate appellate courts. b. courts of last resort. c. state courts. d. trial courts of the federal system.

D

When Sonia Sotomayor was appointed to the Supreme Court, a. she became the second female Supreme Court justice ever appointed to the Court. b. justices became more conservative in their ideological orientations. c. the commerce clause was struck down by liberal justices. d. she became the first Hispanic Supreme Court justice.

D

Which of the following best describes the Supreme Court's rationale for deciding to hear a particular case? a. They must select from a list of acceptable reasons for refusing a case, due to an act of Congress. b. They have to explain their reasons to the President, but do not have to do so publicly. c. They explain their reasons through press statements. d. They never explain their reasons.

D

Which of the following best describes the doctrine of stare decisis? a. Higher courts can reverse lower court rulings. b. Courts do not have jurisdiction in a case. c. The court may refer a case to the next lowest court. d. Judges must follow the precedents established by past decisions.

D

Why do interest groups play an important role in our judicial system? a. They veto judicial nominations. b. They fund federal judges' campaigns. c. James Madison defined what they do in The Federalist, No. 10. d. They bring to trial cases of discrimination, civil liberties cases, and more than one-third of cases involving business matters.

D

Sources of American law include all of the following EXCEPT a. the U.S. Constitution and state constitutions. b. case law. c. statutes passed by legislatures. d. administrative law. e. the charter of the United Nations.

E