Chapter 12 - The Judiciary

Chief Justice Hughes's famous line was that "the Constitution is: A. "What the judges say it is" B. "What Congress says it is" C. "What the president says it is" D. "What the Founders said it is"

A. "What the judges say it is"

The difference between civil and criminal law is that criminal law: A. Deals with offenses against the public order, not private disputes B. Is produced by Congress and not by judicial precedent C. Deals with disputes between citizens, not crimes against society D. Is produced by judges and not by elected officials

A. Deals with offenses against the public order, not private disputes

Which of the following statements about the Supreme Court is true? A. In 2019, five of the nine justices were appointed by Republican presidents. B. In 2019, seven of the nine justices were appointed by Democratic presidents. C. In 2019, all of the justices were appointed by Democratic presidents. D. In 2019, seven of the nine justices were appointed by Republican presidents.

A. In 2019, five of the nine justices were appointed by Republican presidents.

A writ of certiorari is a(n): A. Order from the Supreme Court to a lower court to send up the record of a case for review B. Request that the Supreme Court conduct a new trial of a criminal defendant C. Ruling by the Supreme Court in a case of original jurisdiction D. Decision by the Supreme Court to overrule a lower court ruling

A. Order from the Supreme Court to a lower court to send up the record of a case for review

Roe v. Wade is a good example of A. a broad constructionist approach, because it was based on a constitutional right to privacy that is not found in the actual words of the Constitution. B. a strict constructionist approach, because it was based on a strict reading of the actual words discussing the right to privacy in the Constitution. C. judicial restraint, because it upheld a law enacted by a state government. D. a class action lawsuit, because it affected more than a single person.

A. a broad constructionist approach, because it was based on a constitutional right to privacy that is not found in the actual words of the Constitution.

A single lawsuit involving thousands of smokers suing a tobacco company would be a good example of A. a class action suit. B. a plea bargain. C. public law. D. amicus curiae.

A. a class action suit.

The Senate must confirm A. all federal judicial nominations. B. only Supreme Court and U.S. Court of Appeals nominations. C. only Supreme Court nominations. D. all federal and most state judicial nominations.

A. all federal judicial nominations.

In recent years (since Rehnquist), the Supreme Court has become increasingly ____________ and __________. A. conservative; activist B. liberal leaning; activist C. conservative; restrained D. liberal ; restrained

A. conservative; activist

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case. A. stare decisis B. habeas corpus C. ex post facto D. a priori

A. stare decisis

A writ of habeas corpus declares that A. the government must show a legal cause for holding someone in detention. B. a defendant in a felony trial must receive assistance from legal counsel. C. the government cannot send a defendant to stand trial in a geographically distant jurisdiction. D. capital punishment can be neither cruel nor unusual.

A. the government must show a legal cause for holding someone in detention.

A writ of habeas corpus declares that A. the government must show a legal cause for holding someone in detention. B. the government cannot send a defendant to stand trial in a geographically distant jurisdiction. C. a defendant in a felony trial must receive assistance from legal counsel. D. capital punishment can be neither cruel nor unusual.

A. the government must show a legal cause for holding someone in detention.

The power of the Supreme Court to review state actions and legislation is implied by A. the supremacy clause of Article VI. B. the Declaration of Independence. C. the judicial review clause of Article III. D. the Seventh Amendment.

A. the supremacy clause of Article VI.

The president and the executive branch of the government can affect Supreme Court decisions by: A. Swaying public opinion on a Court decision B. Appointing new justices who will vote according to the president's policies C. Working with Congress to change an important decision D. Asking Congress to amend a law

B. Appointing new justices who will vote according to the president's policies

The president and the executive branch of the government can affect Supreme Court decisions by: A. Working with Congress to change an important decision B. Appointing new justices who will vote according to the president's policies C. Swaying public opinion on a Court decision D. Asking Congress to amend a law

B. Appointing new justices who will vote according to the president's policies

The size of the U.S. Supreme Court is set by A. the president. B. Congress. C. the American Bar Association. D. state legislatures.

B. Congress.

In the decision that he wrote in the Marbury v. Madison case, Chief Justice John Marshall inferred that the Supreme Court: A. Could order a government official to carry out his or her duties B. Could declare an act of Congress unconstitutional C. Had no right to practice judicial review D. Had the power to appoint justices of the peace

B. Could declare an act of Congress unconstitutional

Why is Marbury v. Madison (1803) an important case? A. In this case, the justices nationalized the Bill of Rights. B. In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress. C. In this case, the justices declared the secession of the Confederate states to be in violation of the Constitution. D. In this case, the justices recognized the authority of Congress to regulate the economy of the United States.

B. In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.

A writ of certiorari is a(n): A. Request that the Supreme Court conduct a new trial of a criminal defendant B. Order from the Supreme Court to a lower court to send up the record of a case for review C. Decision by the Supreme Court to overrule a lower court ruling D. Ruling by the Supreme Court in a case of original jurisdiction

B. Order from the Supreme Court to a lower court to send up the record of a case for review

The national judiciary (including district courts) was created by: A. A convention of the states B. The Judiciary Act of 1789 C. Article III of the Constitution D. An executive order

B. The Judiciary Act of 1789

Which of the following is NOT true regarding the process of confirming judicial appointments? A. The full Senate will not vote on a nominee if the nominee is rejected by the Senate Judiciary Committee. B. The Senate must approve a nominee by a two-thirds vote. C. Over the past decade, the confirmation process has become politicized, as candidates are accused of being too liberal or conservative. D. Interest groups have recently become involved in lobbying during the confirmation process.

B. The Senate must approve a nominee by a two-thirds vote.

Most cases reach the Supreme Court through A. a writ of appeal. B. a writ of certiorari. C. a writ of amicus curiae. D. state courts.

B. a writ of certiorari.

The vast majority of Supreme Court cases fall under the category of A. original jurisdiction. B. appellate jurisdiction. C. special jurisdiction. D. The cases are about evenly split.

B. appellate jurisdiction.

Today's Supreme Court can best be described as ideologically _________. A. liberal B. conservative C. neutral D. centrist

B. conservative

If you were an outside interest group and wanted to influence the Supreme Court's ruling on a case it will hear next month, what action would have the most influence? A. buy Justice Kavanaugh a case of beer B. file an amicus curiae brief C. file a class action suit D. write the Supreme Court Justices a personal letter E. kidnap the Chief Justice's dog

B. file an amicus curiae brief

Cases between two or more states are originally heard by A. the federal district court in the state that B. initiates the lawsuit. B. the Supreme Court. C. the federal circuit court of appeals. D. both state supreme courts simultaneously.

B. the Supreme Court.

The first court to hear a criminal case involving a violation of state law is called a(n) ________ court. A. supreme B. trial C. advisory D. appellate

B. trial

Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court. A. 1,000; 500 B. 200; 10 C. 9,000; 80 D. 12,000; 300

C. 9,000; 80

Which Supreme Court nominees were accused of sexual misconduct (such as sexual harassment or attempted rape) during their confirmation hearings? A. Samuel Alito & Clarence Thomas B. Antonin Scalia & Brett Kavanaugh C. Clarence Thomas and Brett Kavanaugh D. Anthony Kennedy & Clarence Thomas

C. Clarence Thomas and Brett Kavanaugh

In 2018, Trump appointed Brett Kavanaugh to replace Justice Kennedy. What did CNN analyst Jeffrey Toobin argue will be the impact of that on the Right to Privacy? A. Kavanaugh will vote to strike down laws limiting the sale of Marijuana and alcohol based on privacy rights found in the first amendment B. Kavanaugh will support the right to use birth control because he slept with numerous women C. Kavanaugh will likely be the deciding vote to overturn Roe v Wade, ending the right to an abortion D. Kavanaugh will likely vote to uphold the Right to Privacy because of the public allegations of attempted rape made against him

C. Kavanaugh will likely be the deciding vote to overturn Roe v Wade, ending the right to an abortion

Several Supreme Court Justices (including former Justice Scalia and Justice Thomas) voted against expanding the right to privacy in Lawrence v Texas (2003). Their argument was that the framers never explicitly wrote a right to privacy in the constitution; so therefore, the Court cannot strike down laws based on such a right (since it does not exist). This is an example of _________ A. Broad Constructionism B. Certiorari C. Strict Constructionism D. Judicial Activism E. Habeus Corpus

C. Strict Constructionism

The philosophy of original intent (strict constructivism) holds that: A. Judging means deciding between the intentions of competing interests, not finding the original law. B. Supreme Court justices have the power to make law according to their own interpretations of its intent. C. The Constitution should be interpreted literally according to the intent of its authors. D. The original intent of the Constitution supported judicial review.

C. The Constitution should be interpreted literally according to the intent of its authors.

Why has partisan conflict surrounded federal judicial appointments in recent years? A. Public opinion has not been favorable to most of the recent presidents' nominees. B. Members of Congress do not want the president to have so much power that he or she can place anyone he or she wants on the federal bench. C. The federal courts play an important role in shaping American law and politics. D. There have not been enough minority nominees, including women.

C. The federal courts play an important role in shaping American law and politics.

One example of ________ is the fact that a lawsuit filed by California against Nevada over river pollution goes directly before the Supreme Court. A. stare decisis B. granting a writ of certiorari C. original jurisdiction D. appellate jurisdiction

C. original jurisdiction

Prior cases whose principles are used by judges to decide current cases are called A. public law. B. en banc decisions. C. precedents. D. ex post facto cases.

C. precedents.

The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case. A. ex post facto B. habeas corpus C. stare decisis D. a priori

C. stare decisis

Once the president has formally nominated an individual for a federal judgeship, A. the nominee is automatically appointed for life and can only be removed from office through impeachment. B. the nominee must be confirmed by a unanimous vote in the full Senate. C. the nominee must be considered by the Senate Judiciary Committee and confirmed by a majority vote in the full Senate. D. the nominee must be considered by the Senate Judiciary Committee and confirmed by a unanimous vote in the full Senate.

C. the nominee must be considered by the Senate Judiciary Committee and confirmed by a majority vote in the full Senate.

More than ________ percent of all cases in the United States are heard in state courts. A. 33 B. 50 C. 68 D. 97

D. 97

More than ________ percent of all cases in the United States are heard in state courts. A. 68 B. 33 C. 50 D. 97

D. 97

Which Supreme Court nominees were accused of sexual misconduct (such as sexual harassment or attempted rape) during their confirmation hearings? A. Anthony Kennedy & Clarence Thomas B. Antonin Scalia & Brett Kavanaugh C. Samuel Alito & Clarence Thomas D. Clarence Thomas and Brett Kavanaugh

D. Clarence Thomas and Brett Kavanaugh

Which of the following statements about the Supreme Court is true? A. In 2019, seven of the nine justices were appointed by Democratic presidents. B. In 2019, seven of the nine justices were appointed by Republican presidents. C. In 2019, all of the justices were appointed by Democratic presidents. D. In 2019, five of the nine justices were appointed by Republican presidents.

D. In 2019, five of the nine justices were appointed by Republican presidents.

Judicial review was established in the case of ____________. A. McCulloch v. Maryland B. Brown v. Board of Education C. Gibbons v. Ogden D. Marbury v. Madison

D. Marbury v. Madison

The national judiciary (including district courts) was created by: A. a convention of the states B. An executive order C. Article III of the Constitution D. The Judiciary Act of 1789

D. The Judiciary Act of 1789

Why has partisan conflict surrounded federal judicial appointments in recent years? A. Members of Congress do not want the president to have so much power that he or she can place anyone he or she wants on the federal bench. B. Public opinion has not been favorable to most of the recent presidents' nominees. C. There have not been enough minority nominees, including women. D. The federal courts play an important role in shaping American law and politics.

D. The federal courts play an important role in shaping American law and politics.

Which of the following statements best describes the formal requirements of serving as a federal court judge? A. Federal court judges must be members of the American Bar Association. B. Federal court judges must have a degree from an accredited law school. C. Federal court judges must be at least 35 years of age. D. There are no formal requirements to serve as a federal court judge.

D. There are no formal requirements to serve as a federal court judge.

The term amicus curiae refers to: A. A Supreme Court order barring further testimony during oral arguments B. The belief that the Supreme Court should actively practice judicial review C. A request that the Supreme Court order a lower court to send up the records of a case D. Written "friend of the court" briefs submitted by interest groups in Court cases

D. Written "friend of the court" briefs submitted by interest groups in Court cases

Which of the following cases would always be heard in federal court? A. a case related to a drunk-driving accident B. a case involving the citizens of more than one state and in which $150,000 is at stake C. a case related to an accusation of sexual harassment in the workplace D. a case involving the state of New York suing the state of New Hampshire over state highway maintenance

D. a case involving the state of New York suing the state of New Hampshire over state highway maintenance

Which of the following cases is NOT an example of judicial activism? A. Brown v Board of Education B. Bush v Gore C. Roe v Wade D. all of these are examples of judicial activism

D. all of these are examples of judicial activism

Judicial activism: A. is only adopted by liberal Supreme Courts. B. is reluctance to use the power of the Court. C. was championed by Felix Frankfurter, who argued that the courts do not belong in policy-making. D. calls for the court to be an 'active' participant in policy-making. E. is when courts 'actively' avoid confrontation with the other branches of government.

D. calls for the court to be an 'active' participant in policy-making.

The right of due process is best described as the right of A. every citizen to vote. B. every person to be a lawyer. C. everyone to appeal their trial. D. every person not to be treated arbitrarily by a government official or agency.

D. every person not to be treated arbitrarily by a government official or agency.

Judges who are broad constructionists believe that federal judges should A. always overrule state legislatures and governors when making decisions. B. interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes. C. be more aggressive and ideological than the president when vacancies occur on the courts. D. go beyond the words of a constitution or statute to consider the broader societal implications of their decisions

D. go beyond the words of a constitution or statute to consider the broader societal implications of their decisions

Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional. A. stare decisis B. writs of certiorari C. clemency D. judicial review

D. judicial review

In a typical tort case, A. the defendant is not allowed to appeal the verdict if he or she loses. B. the plaintiff is not allowed to appeal the verdict if he or she loses. C. the government immediately appeals the verdict if it loses. D. one individual charges that he or she has been injured by another's negligence or malfeasance. E. a plaintiff tries to bribe a judge by making her a delicious apple tort.

D. one individual charges that he or she has been injured by another's negligence or malfeasance.

If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied A. a writ of habeas corpus. B. his Miranda rights. C. judicial review. D. the due process of law.

D. the due process of law.

In DC v Heller (2008), the Supreme Court created a new constitutional right which A. Struck down laws banning private militias B. expanded the right to privacy to protect gay marriages C. struck down a law requiring mental health background checks before the purchase of a handgun D. struck down a law requiring criminal background checks before the purchase of a handgun E. guaranteed individuals the right to bear arms

E. guaranteed individuals the right to bear arms

In a typical tort case, A. the defendant is not allowed to appeal the verdict if he or she loses. B. the plaintiff is not allowed to appeal the verdict if he or she loses. C. the government immediately appeals the verdict if it loses. D. a plaintiff tries to bribe a judge by making her a delicious apple tort. E. one individual charges that he or she has been injured by another's negligence or malfeasance.

E. one individual charges that he or she has been injured by another's negligence or malfeasance.

True or False: CNN legal analyst Jeffrey Toobin argues that party affiliation plays no role in judicial voting.

False

True or False: In recent years (since Rehnquist), the Supreme Court has become increasingly liberal leaning and activist.

False

True or False: Justices who agree with the majority decision but disagree with the legal reasoning will likely file a per curium decision.

False

True or False: The Right to Privacy and the Right of individuals to Bear Arms are interpreted today exactly as they were intended when they were written in the constitution.

False

True or False: The case of DC v Heller ruling is an example of Judicial Restraint, since the Court upheld state laws banning guns in DC.

False

True or False: The term granting "cert" refers to handing out mints to improve the notoriously bad breath of the Supreme Court justices when they address young law clerks.

False

True or False: According to Roesler, McCulloch v Maryland is an example of broad constructionism.

True

True or False: Bush v Gore is an example of Judicial Activism.

True