PS 1113 Chapter 14

The _____ regularly evaluates potential appointees for federal courts using a three-value scale of "well qualified," "qualified," and "not qualified."

American Bar Association

Although originally nominated as an associate justice, who did John Roberts ultimately replace as Chief Justice after his resubmitted nomination in 2005? a. William Rehnquist b. Sandra Day O'Connor c. Warren Burger d. Thurgood Marshall

a

Early in its history, the Supreme Court faced an issue of major importance that would shape the republic; that is, what happens when a law enacted by Congress a. clashes with the U.S. Constitution. b. favors the states over the federal government. c. is ignored by the American people. d. is vetoed by the president.

a

John Jay, the first Chief Justice of the U.S. Supreme Court, refused to continue his duties because he felt the Court a. did not have the ability to contribute to national affairs. b. carried out the dictates of the chief executive. c. was corrupt and involved in illegal activities. d. was biased in favor of business interests.

a

One of the two ways that judges make policy is to rule on matters that no existing legislation addresses thereby setting precedents. This leads to the creation of a. common law. b. a penal code. c. a federal question. d. statutory construction.

a

Public opinion is not always reflected in Supreme Court decisions. For five decades most Americans have disagreed, and still disagree, with its consistent rulings on a. school prayer. b. free speech. c. abortion rights. d. affirmative action.

a

What informal agreement do Supreme Court justices rely upon when considering adding new cases to the docket? a. rule of four b. majority rules c. appellate jurisdiction d. Lemon test

a

What is the most critical function of the Supreme Court justices? a. writing opinions b. deliberating on policy c. shaping judge-made law d. creating the criminal code

a

Lifetime tenure for federal judges was established in order to a. reward political supporters of the majority party. b. free the judiciary from executive or legislative control. c. ensure continuity in one branch of government. d. entice the most qualified to serve in the judiciary.

b

What concept appears to be at the center of today's decisions on judicial appointments? a. demographics b. political ideology c. special interests d. gender parity

b

Which Latin expression refers to the bias toward existing rulings, that is, the tendency for courts to rely on precedent? a. certiorari b. stare decisis c. habeas corpus d. amicus curiae

b

If a state law appears to conflict with national laws or treaties, the federal courts a. can ask a district court to review it. b. must request that the governor repeal it. c. can invalidate it. d. have no authority to do anything about it.

c

Most criminal cases end in a. a verdict of guilt. b. a verdict of innocence. c. a plea bargain. d. a hung jury.

c

Quite often, one or more Supreme Court justices entirely disagree with the majority decision. They express their opposing views in what is called a(n) a. ambiguous opinion. b. concurrence. c. dissent. d. punitive opinion.

c

Senatorial courtesy refers to the process that allows the Senate to a. debate an unpopular decision of the Supreme Court. b. submit a single name to fill a vacancy in a federal court. c. share the judicial nomination power with the president. d. present its opinion on a Supreme Court case.

c

Which legal procedure supports the argument that the American judicial system should fit a pluralist rather than majoritarian model? a. majority opinion b. judicial activism c. class action d. plea bargain

c

Which two justices are recent additions to the Supreme Court, appointed by President Obama? a. Sandra Day O'Connor and Harriet Miers b. David Souter and Merrick Garland c. Sonia Sotomayor and Elena Kagan d. John Roberts and Samuel Alito

c

The courts decide _______ when disagreements arise from disputed claims to something of value.

civil cases

Like state courts, the federal courts are organized in three tiers like a pyramid. The Supreme Court is on the top, the _______ are in the middle, and the ________ are on the bottom.

court of appeals, district courts

How do state courts avoid review by the U.S. Supreme Court? a. by practicing judicial activism b. by ignoring applicable federal law c. by refusing to hear cases based on constitutional issues d. by basing decisions solely on state law

d

Judicial restraint refers to the general philosophy that judges should a. base decisions on popular or majority opinion. b. ignore the political leanings of other two branches of government. c. rule on federal cases based on their expertise. d. defer decisions to the elected branches of government..

d

Many civil cases end when the parties settle, or when the charges are simply abandoned and dropped. But if a case is not settled and not abandoned, it ends with a. a criminal filing. b. an oral argument. c. a plea bargain. d. an adjudication.

d

The landmark ruling in Marbury v. Madison (1803) established the Supreme Court's power of a. legal precedent. b. legislative supremacy. c. statutory construction. d. judicial review.

d

Which area of government determines the compensation received by federal judges? a. the judicial branch b. the bureaucracy c. the executive branch d. the legislative branch

d

_________ create, amend and repeal criminal laws.

legislatures