Pol Sci SG5 p2

6. guarantees that the salaries of federal judges will not be reduced during their service on the bench.

Article III of the Constitution

4. hear appeals from the district courts

Circuit Court

3. awards jobs in the federal bureaucracy on the basis of skills and expertise

Civil Service/Merit System

2. compels federal agencies to solicit public comments before issuing new rules and regulations.

Administrative Procedures Act

15. One of its functions is to provide public services that the private sector is unwilling or unable to do.

Government Corporations

5. the president's loyal assistant who oversees the flow of information in and out of the White House

Chief of Staff

8. In this role, presidents have argued that they have inherent power to respond to emergencies and protect the safety of Americans and the security of the United States.

Commander in Chief

9. one in which a justice agrees with the majority on how the case should be decided but differs on the reasoning

Concurring Opinion

4. often holds oversight hearings to investigate the policies and performance of agencies and departments in the federal bureaucracy.

Congress

91) The outcome of National Federation of Independent Business v. Sebelius was that a. President Obama's health plan was repealed. b. Congress had the power to tax, which upheld the Obama reform. c. people did not have to pay for health care. d. Congress had the power to tax under the interstate commerce clause.

Congress had the power to tax, which upheld the Obama reform.

8. When the U.S. Department of Transportation stipulates how many hours truck drivers can be on the road per week, the department is functioning in this manner

Creating Regulation

14. government agencies exercise this authority as a consequence of ambiguity in the laws passed by Congress is

Discretion in Implementation

10. written when a Justice do not agree with the majority in a Supreme Court ruling

Dissenting Opinion

9. National parks and the interstate highway system are both examples of this

Distributive Policy

1. performs the functions of government through the federal bureaucracy which consists of the departments, agencies, and offices within it

Executive Branch

1. The idea that the president may be advised by executive branch officials in confidence without the advice becoming public

Executive Privilege

13. allows presidents to claim the right to refuse to provide information to other branches of government

Executive Privilege

73. True or False: The Supreme Court regularly exercises its original jurisdiction.

False

12. a process that, according to the Constitution, should be reserved for serious criminal offenses, not political conflicts

Impeachment

7. Presidential power created by The Budget and Accounting Act of 1921. However, the use of that authority was sharply curtailed in 1974

Impoundment Authority

10. is a special kind of independent agency whose independence is protected by Congress so the agency is insulated from congressional and presidential control.

Independent Regulatory Commission

92. California's courts of first instance are more commonly known as a. appellate courts. c. intermediate courts of appeal. b. superior courts. d. district courts.

superior courts.

7. A philosophy proposing that judges should freely strike down laws enacted by the democratically elected branches of government

Judicial Activism

12. a philosophy that encourages deference to the policy judgments of elected branches of government, proposing that judges should strike down the action of elected branches only if it clearly violates the Constitution

Judicial Restraint

66. In which of the following cases did the Supreme Court first claim the right of judicial review? a. Chishom v. Georgia b. Brown v. Board of Education c. United States v. Nixon d. Dred Scott v. Sandford e. Marbury v. Madison

Marbury v. Madison

14. The Framers were concerned that giving the president too much power would lead to this type of government

Monarchy or Tyranny

9. Advises the president regarding how much the administration should propose to spend for each government program.

Office of Management and Budget

1. the Constitution explicitly grants the Supreme Court the authority to hear cases "in the first instance." No federal court has any jurisdiction except that granted to it by an act of Congress.

Original Jurisdiction

5. an agreement in which the defendant generally agrees to plead guilty to a lesser offense in order to avoid trial on a more serious offense

Plea Bargain

7. triggered by regular, noncontroversial contact with the federal bureaucracy through the authorization and appropriation process; Example, Congress reads agency reports, monitors budgets, and routinely pays attention to the ways agencies are running

Police Patrol Oversight

5. A specific course of action that government takes to address a problem

Public Policy

11. a presidential power to appoint a particularly controversial nominee to office without Senate confirmation while Congress is on a formal break.

Recess Appointment

12. When the Environmental Protection Agency sets standards for air pollution, it is fulfilling this function of the federal bureaucracy.

Regulatory, or Rule-Making

8. handles all appeals on behalf of the U.S. government before the Supreme Court.

Solicitor General

3. the rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question presented

Stare Decisis/Rule of Precedent

3. has become one of the most important tools a president can use to call attention to the presidential agenda

State of the Union Address

11. the only institution authorized to hear a case whereby North Dakota sues South Dakota, the case will be heard by

Supreme Court

2. is the only court of all the federal courts established by the Constitution.

Supreme Court

6. an advisory group chosen by presidents to help them make decisions and execute laws

The Cabinet

13. prohibits federal employees from engaging in partisan political activities.

The Hatch Act

6. has the constitutional power to confirm or deny any presidential nominee to be a Cabinet secretary

The Senate

95. How did the U.S. Supreme Court rule in Gonzales v. Raich (2005)? a. The Supreme Court ruled that California's term limits for members of the House of Representatives and the U.S. Senate are unconstitutional because the U.S. Constitution overrides state laws. b. The Supreme Court ruled that California's law that denies educational, social, and medical services to illegal immigrants is unconstitutional because the law conflicts with federal powers. c. The Supreme Court ruled that California's Compassionate Use Act (CUA) is legal because the activity involves intrastate commerce, thereby not warranting federal intervention. d. The Supreme Court ruled that commerce power gives Congress the authority to regulate and punish the manufacture and cultivation of marijuana despite California law that allows for compassionate use.

The Supreme Court ruled that commerce power gives Congress the authority to regulate and punish the manufacture and cultivation of marijuana despite California law that allows for compassionate use.

89) Black equality was promoted through which amendments? a. Seven, Eight, and Nine b. Thirteen, Fourteen, and Fifteen c. One, Two, and Three d. Five, Eight, and Nine

Thirteen, Fourteen, and Fifteen

71. You are a judicial nominee who is being questioned by the Senate Judiciary Committee. A senator asks you to state your position on abortion. To have the greatest chance of being confirmed, how should you respond? a. by candidly explaining your personal views about abortion b. by discussing whether you agree or disagree with the Court's legal reasoning in abortion cases such as Roe v. Wade c. by offering an opinion on abortion that you believe most members of the committee would endorse -- Consider This: Party control of the Senate is no guarantee that a nomination will succeed. d. by refusing to answer the question

by refusing to answer the question

84) Justices are guided by the concept of _______in making legal decisions. a. common law. b. stare decisis. c. devolution. d. rule of four.

stare decisis.

79) Judicial review allows the courts to a. check only Congress, if it has exceeded constitutional authority. b. check the executive and legislative branches, if they have exceeded constitutional authority. c. check only the executive branch, if it has exceeded constitutional authority. d. check the military.

check the executive and legislative branches, if they have exceeded constitutional authority.

93. In California, which court has judicial discretion? a. traffic court c. court of appeal b. superior court d. supreme court

supreme court

4. a binding and public agreement between the United States and one or more nations, requiring mutual action toward a common goal

Treaty

72. True or False: The Judiciary Act of 1789 established the federal circuit courts and district courts.

True

10. empowers the president to appoint a new vice president if a vacancy occurs in the office of the vice president

Twenty-Fifth Amendment

2. Forced President Richard Nixon to resign to avoid impeachment and a Senate trial

Watergate Scandal

11. is a redistributive policy, one that provides for one group in society while taking away benefits from another group

Zero-Sum Game

83) A justice that agrees with the majority opinion but for different reasons is known as a. an opposite opinion. b. a concurrent opinion. c. a dissenting opinion. d. a circulatory opinion.

a concurrent opinion.

97. One method of removing judges in the state of California is a. removal by the governor. b. censure by the state legislature. c. agreement between the Speaker of the Assembly and the attorney general. d. a recall election.

a recall election.

68. A(n) __________ brief is submitted by someone who is not a party to the case. a. amicus curiae b. appellate c. habeas corpus d. outsider e. coram nobis

amicus curiae

75) Most state judges a. are appointed for life. b. are selected by state legislatures. c. are elected by the public. d. have terms that are not renewable.

are elected by the public.

90) The court in Brown v. Board stated that a. separate schools are inherently unequal. b. separate facilities are inherently unequal. c. separate movie theaters are inherently unequal. d. separate restrooms are inherently unequal.

separate schools are inherently unequal.

77) The main difference between the federal appellate court and federal district court is that a. there are more federal appellate courts. b. federal appellate courts use juries. c. federal appellate courts do not use juries or cross-examination. d. federal district courts do not allow cross-examination.

federal appellate courts do not use juries or cross-examination.

81) The idea that the court should overturn the elected branches of government reluctantly is called a. judicial reproach. b. judicial restraint. c. judicial activism. d. loose constructionism.

judicial restraint.

67. Which of the following represents the federal government in the Supreme Court? a. attorney general b. president c. Speaker of the House d. solicitor general e. chief prosecutor

solicitor general

80) Judicial review is __________in the Constitution. a. clearly mentioned b. vaguely mentioned c. not mentioned d. reflected through the Judiciary Act of 1789

not mentioned

69. You are an attorney representing a defendant in a criminal case at the state level. Your client was convicted and would like to appeal. On what basis could your client appeal the case to a federal court? a. on the basis that the case concerned a federal issue b. on the basis that the client's constitutional rights had been violated during the investigation c. on the basis that the client believes this is a wrongful conviction -- Consider This: In order to obtain a federal appeal, it is not sufficient to believe the conviction is wrongful. Some issue related to federal jurisdiction must be at play, including issues related to habeas corpus or the violation of rights. d. on the basis that the state law in question violated the state's constitution

on the basis that the client's constitutional rights had been violated during the investigation

98. Most criminal cases in California are resolved through a. plea bargaining. c. incarceration. b. appeals to the U.S. Supreme Court. d. clemency granted by the governor.

plea bargaining.

82) Judicial cases today may be important tomorrow because they establish the concept of a. judicial review. b. precedent. c. legal formation. d. civil law.

precedent.

76) District court judges are appointed by the a. people. b. governor. c. president. d. state legislature.

president.

78) Specialized courts hear cases on a. immigration. b. tax disputes. c. treason. d. civil rights.

tax disputes.

88) The idea that a corporation was viewed as a legal person meant a. that corporations did not have to pay federal taxes. b. that corporations were protected under the equal protection clause of the Thirteenth Amendment. c. that corporations were protected under the equal protection clause of the Fourteenth Amendment. d. that corporations could use their own lawyers during trial.

that corporations were protected under the equal protection clause of the Fourteenth Amendment.

74) One of the unusual things about the courts is that a. there have always been nine Supreme Court justices. b. the Constitution never specified the number of Supreme Court justices. c. Congress has very little role in shaping the courts. d. the president

the Constitution never specified the number of Supreme Court justices.

96. The Commission on Judicial Appointments consists of a. a member of the U.S. Supreme Court, the chief justice of the California Supreme Court, and the attorney general. b. the governor, the attorney general, a lawyer, and a member of the supreme court. c. a member of the supreme court, a lawyer, and a presiding judge on a superior court. d. the chief justice of the California Supreme Court, the attorney general, and a presiding judge from the court of appeals.

the chief justice of the California Supreme Court, the attorney general, and a presiding judge from the court of appeals.

86) The outcome of McCulloch v. Maryland affirmed the principle that a. the federal government is superior to state governments. b. states are superior to the federal government in most instances. c. state and federal power is equal. d. states can use state mandates to trump federal power.

the federal government is superior to state governments.

94. Jurisdiction refers to a. the power of the governor to overturn decisions made by the California Supreme Court. b. the kind of law the court handles and the geographic location. c. the ability of the Assembly to withhold a bill before a vote within the chamber. d. the ability of the Senate to withhold a bill before a vote within the chamber.

the kind of law the court handles and the geographic location.

70. Just because judges make independent decisions does not mean they are free to do whatever they wish; which of the following concepts constrains judicial activism? a. the rule of four b. judicial review c. supremacy d. originalism e. the rule of precedent

the rule of precedent

85) Political scientists have generally found that justices' decisions are most closely tied to a. their political ideologies. b. the case at hand. c. the political nature of the case. d. the role of big business.

their political ideologies.

87) A key principle in the Dred Scott case was that slaves could not sue because a. they did not have enough money. b. they lacked standing to sue. c. their cases were only common law concerns. d. their cases were not federal.

they lacked standing to sue.