Chapter 13
How many justices currently serve on the Supreme Court?
9
________ occurs when a criminal case is resolved through a negotiated agreement before a full trial is completed
A plea bargain
Why is Marbury v. Madison (1803) an important case?
In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.
What is the main function of the chief justice of the Supreme Court?
The chief justice presides over the Court's public sessions and private conferences.
Which of the following statements best describes the formal requirements of servingas a federal court judge?
There are no formal requirements to serve as a federal court judge.
The ________ is the only federal court established by the Constitution.
U.S. Supreme Court
Which of the following best describes the role of the solicitor general?
WRONG The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals.
The first court to hear a criminal case involving a violation of state law is called a(n)________ court.
WRONG appellate
The power of the Supreme Court to review state actions and legislation is implied by the
WRONG judicial review clause of Article III of the Constitution.
Which of the following is the most likely to involve administrative law?
a case in which John Smith alleges a regulation promulgated by the Environmental Protection Agency is invalid
Which of the following cases would always be heard in federal court?
a case involving the state of New York suing the state of New Hampshire over state highway maintenance
Most cases reach the Supreme Court through
a writ of certiorari.
The ________ is the only federal court established by the Constitution.
a. U.S. Supreme Court
What did the framers call the "least dangerous branch" of American government?
a. the Supreme Court
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.
amicus curiae
A certiorari pool describes the
b. practice by which Supreme Court law clerks work together to evaluate each petition.
In order for the Supreme Court to decide to grant certiorari,
c. four justices must vote in favor of certiorari.
In what type of law is the government always the plaintiff?
criminal
________ means that a case before a court must be between two truly adversarial parties.
d. Case or controversy
The rules of access to federal courts can be broken down into three major categories:
d. case or controversy; standing; and mootness.
Cases ________ are NOT part of the original jurisdiction of the U.S. Supreme Court.
d. in which more than $1 million is at stake
Historically, the power of the federal courts was subject to a number of limitations. One such limitation is that courts are "passive" institutions in that they
d. must wait until a case is brought to them before they can make authoritative decisions.
The assignment of the opinion in a Supreme Court case is
important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.
Though used at times by justices on both sides of the partisan divide, which judicial philosophy refuses to go beyond the clear words of the Constitution in interpreting the document's meaning?
judicial restraint
Which of the following areas is least related to the official jurisdiction of federal courts?
local ordinances
Emily Green seeks to file a class action lawsuit in federal court alleging that, as taxpayers, she and other citizens are concerned about the government's failure to protect the environment. The lawsuit would likely
not be heard by the court because Emily lacks standing.
Prior cases whose principles are used by judges to decide current cases are called
precedents
When presidents nominate justices to the Supreme Court, presidents make an effort to
select justices who share their political philosophies.
Medical malpractice suits are good examples of ________ cases.
tort
In District of Columbia v. Heller, the United States Supreme Court held that the District of Columbia's handgun ban was an unconstitutional violation of the Second Amendment. In writing the majority opinion, the late Justice Antonin Scalia looked predominantly to the words of the Second Amendment of the Constitution in interpreting its meaning. This judicial philosophy can be described as
WRONG liberal restraint.
Once the president has formally nominated an individual for a federal judgeship,
WRONG the nominee is automatically appointed for life and can only be removed from office through impeachment.
Which of the following would the Supreme Court likely refuse to hear because of "mootness"?
a. a case involving a student suing a state-run university for discrimination in the admissions process after the student was first rejected but then later admitted to the university
In the federal court system, each circuit court of appeals has
a. a range of permanent judgeships depending on the workload of the circuit.
Since 2017, the Senate filibuster
a. cannot be used against any presidential appointments to the judiciary.
Which of the following is least likely to influence the thinking of federal judges?
a. decisions of state courts
In a typical tort case,
a. one individual charges that he or she has been injured by another's negligence or malfeasance.
In ________, an attorney for each side appears before the Supreme Court to present her client's position and answer the justices' questions.
a. oral argument
When presidents nominate justices to the Supreme Court, presidents make an effort to
a. select justices who share their political philosophies.
In some legal actions, a group or class of individuals with common interests file a suit on behalf of everyone who shares the interest. This is called
b. a class-action suit.
A person, agency, or interest group not directly a party to a case but with interest in its outcome may file a(n) ________ brief.
b. amicus curiae
Trial courts in the federal judicial system are called
b. district courts.
An overwhelming majority of court cases in the United States are heard
b. in state courts.
If the Supreme Court were to decide to review a case that alleges President Trump's antiterrorism initiatives violated a citizen's civil liberties, the case likely would be an example of
b. judicial review of executive power.
Generally speaking, state defendants seeking a federal writ of habeas corpus must
b. show that they have exhausted all available state remedies and must raise issues not previously raised in their state appeals.
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
b. stare decisis
One example of ________ is the fact that a lawsuit filed by Washington against Nevada over river pollution goes directly before the Supreme Court.
c. original jurisdiction
A certiorari pool describes the
c. practice by which Supreme Court law clerks work together to evaluate each petition.
When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law.
civil
Briefs submitted to the United States Supreme Court
d. are written documents in which attorneys explain why the Court should rule in favor of their clients.
Which of the following best describes the job of a law clerk who works in a federal court?
d. assist federal judges by researching legal issues and helping prepare opinions
Congress has assigned federal court jurisdictions on the basis of
geography
An overwhelming majority of court cases in the United States are heard
in state courts.
The written explanation of the Supreme Court's decision in a particular case is known as the
opinion
One example of ________ is the fact that a lawsuit filed by Washington against Nevada over river pollution goes directly before the Supreme Court.
original jurisdiction
If a defendant is charged with burglary but admits to a lesser charge of trespassing in exchange for the prosecution dismissing the burglary charge and forgoing the criminal trial, it is an example of a(n)
plea bargain.
