American Government Ch. 13 Practice Test 1

Which of the following is the MOST common path that a case takes to get to the Supreme Court?

writ of certiorari (FEEDBACK: At least 95 percent of cases in most sessions arrive through a writ of certiorari, for which four or more justices must agree to hear a case that has been appealed from a lower level)

Those who believe that we should go by the exact words written in the Constitution are known as

strict constructionists (FEEDBACK: Strict constructionists are "letter of the law" kinds of people when it comes to the Constitution)

What does the term standing refer to?

the legitimate justification for bringing a civil case to court (FEEDBACK: A person must have a legitimate reason for bringing a case to court; in other words, he or she must have standing. Usually, to demonstrate standing, the person has to have suffered actual damages, be they physical, material, or psychological)

Basic details about the federal court system, such as the creation of district courts and the size of the Supreme Court, are found in what document?

Judiciary Act of 1789 (FEEDBACK: The Judiciary Act of 1789 outlined many of the key features of the federal court system)

What is a class-action lawsuit?

a civil lawsuit brought by a group of individuals (FEEDBACK: A class-action lawsuit occurs when a large group of individuals, certified as a "class," bring one suit with the outcome applying to all members of the class)

In Lawrence v. Texas, the Supreme Court struck down a law banning sodomy in Texas. This is an example of judicial

activism (FEEDBACK: This is an example of judicial activism because the Supreme Court is actively being part of the policy-making process in declaring a law unconstitutional)

Who is most likely to submit an amicus curiae brief?

an interest group (FEEDBACK: While any interested person or party may submit an amicus curiae brief, they are most often submitted by interest groups as a way of giving the court other relevant information.)

The Supreme Court's power of judicial review was established

as a result of Marbury v. Madison. (FEEDBACK: Marbury v. Madison established the Supreme Court's right of judicial review, although it would not use that power again for over 50 years)

Bilbo is arrested for theft. He is charged by the courts and the case goes to trial. In this example, Bilbo is the

defendant (FEEDBACK: In this example, Bilbo is the one being sued, or charged; thus, he is the defendant)

Appellate jurisdiction refers to the Court's power to

hear appeals from lower courts (FEEDBACK: A court with appellate jurisdiction can hear appeals from lower courts)

The __________ approach to deciding Supreme Court cases says that justices should attempt to defer to the elected branches of government and not contradict their actions.

judicial restraint (FEEDBACK: Judicial restraint says that justices should defer to the elected branches of government and not find laws or acts unconstitutional)

When the Supreme Court strikes down a congressional or state law, it engages in

judicial review. (FEEDBACK: Judicial review occurs when the Court finds an act of Congress or the president (or a state government) unconstitutional.)

If a plaintiff and defendant settle a case before it goes to trial or a verdict is reached, this is called a

plea bargain (FEEDBACK: When the plaintiff and defendant settle a case before a verdict is rendered, this is called a plea bargain)

In a similar previous case, the court ruled for the plaintiff. The court will now consider that previous ruling in deciding how to deal with the current case. This is an example of

precedent. (FEEDBACK: Precedent is one of the foundational elements of the U.S. legal system. While precedents can be overturned, they are always considered)

Which figure argues cases on behalf of the federal government before the Supreme Court?

solicitor general (FEEDBACK: Having the solicitor general request a case be heard is a big help for ensuring that the case receives a writ.)

Congress can overturn certain Supreme Court decisions merely by passing a new law. They can do this in cases of

statutory interpretation. (FEEDBACK: Because statutory interpretation involves the Court interpreting the will of Congress, Congress is always free to clarify its will with future legislation)