American Politics Chapter 14 Pre and Post Test

How many justices must agree to hear a case in order for it to be granted a writ of certiorari? a. one b. four c. six d. nine

b. four

What is a class-action lawsuit? a. a civil lawsuit brought by a group of individuals b. a lawsuit in which an entire group of individuals is sued c. a civil lawsuit in which only one case is heard but the ruling applies to several active cases d. a lawsuit brought against the federal government on behalf of taxpayers

a. a civil lawsuit brought by a group of individuals

In Lawrence v. Texas, the Supreme Court struck down a law banning sodomy in Texas. This is an example of judicial a. activism. b. restraint. c. briefing. d. precedent.

a. activism.

A(n) __________ is a legal action by which a group of individuals with common interests can file a suit on behalf of everyone who shares that interest. a. class-action suit b. amicus curiae suit c. public-action suit d. summary judgment suit

a. class-action suit

Bilbo is arrested for theft. He is charged by the courts and the case goes to trial. In this example, Bilbo is the a. defendant. b. plaintiff. c. prosecution. d. judge.

a. defendant.

Which figure argues cases on behalf of the federal government before the Supreme Court? a. solicitor general b. Chief Justice c. attorney general d. Speaker of the House

a. solicitor general

Those who believe in a living Constitution a. take into account evolving national attitudes in interpreting the document. b. use only the words of the document in deciding how to interpret it. c. look at the writings of the Founders to guide their interpretations of the document. d. do not believe in interpreting the document at all.

a. take into account evolving national attitudes in interpreting the document.

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? a. U.S. Constitution b. Judiciary Act of 1789 c. Articles of Confederation d. majority opinion in Marbury v. Madison

b. Judiciary Act of 1789

Jurisdiction refers to a. a philosophy of law. b. a court's area of authority. c. a court's prior decisions. d. partisan decision making.

b. a court's area of authority.

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. a. judicial activist b. judicial restraint c. attitudinalist d. original intent

b. judicial restraint

When the Supreme Court strikes down a congressional or state law, it engages in a. senatorial courtesy. b. judicial review. c. judicial restraint. d. a class-action lawsuit.

b. judicial review.

At the outset of a case, judges determine whether the person filing the case has a legitimate basis for bringing it; this is called a. jurisdiction. b. standing. c. mootness. d. interest.

b. standing.

Those who believe that we should go by the exact words written in the Constitution are known as a. living constitutionalists b. strict constructionists c. judicial activists d. solicitor generals

b. strict constructionists

What does the term standing refer to? a. a legal norm that applies to future cases b. the legitimate justification for bringing a civil case to court c. the presentation of legal testimony before the Supreme Court d. a court's authority to hear and decide cases

b. the legitimate justification for bringing a civil case to court

Which president threatened to pack the Court with justices who would support his policies? a. George Washington b. William McKinley c. Franklin D. Roosevelt d. Bill Clinton

c. Franklin D. Roosevelt

These days, what role does the Senate play in confirming judges? a. It plays a passive role. b. It plays an active role, but only for lower courts. c. It plays an active role. d. The Senate has no official role in confirming judges.

c. It plays an active role.

The Judiciary Act of 1789 a. created judicial review. b. established the selection processes for Supreme Court justices. c. created a system of federal courts. d. limited the Supreme Court's jurisdiction.

c. created a system of federal courts.

Appellate jurisdiction refers to the Court's power to a. declare a congressional law unconstitutional. b. declare a presidential act unconstitutional. c. hear appeals from lower courts. d. change the geographic jurisdiction of district courts.

c. hear appeals from lower courts.

As the power of __________ has evolved, it has become a central part of the system of checks and balances. a. writ of mandamus b. habeas corpus c. judicial review d. pardon

c. judicial review

Congress can overturn certain Supreme Court decisions merely by passing a new law. They can do this in cases of a. constitutional interpretation. b. original jurisdiction. c. statutory interpretation. d. appellate jurisdiction.

c. statutory interpretation.

Congress may change all of the following EXCEPT a. the organization of district and circuit courts. b. the Supreme Court's appellate jurisdiction. c. the Supreme Court's original jurisdiction. d. the number of justices on the Supreme court.

c. the Supreme Court's original jurisdiction.

Which of the following is the MOST common path that a case takes to get to the Supreme Court? a. original jurisdiction b. writ of certification c. writ of certiorari d. writ of mandamus

c. writ of certiorari

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.

Which of the following is NOT a criterion by which the Supreme Court decides whether to hear a case? a. collusion b. standing c. mootness d. amicus curiae

d. amicus curiae

Who is MOST likely to submit an amicus curiae brief? a. a Supreme Court justice b. a member of Congress c. the president d. an interest group

d. an interest group

The Supreme Court's power of judicial review was established a. in Article III of the Constitution. b. in the Fourth Amendment. c. in the Judiciary Act of 1789. d. as a result of Marbury v. Madison.

d. as a result of Marbury v. Madison.

Interest groups are most likely to be involved in the Supreme Court's legal process in which way? a. as part of the defense b. as part of the prosecution c. by writing the legal opinion d. by filing an amicus curiae brief

d. by filing an amicus curiae brief

A negotiated agreement in a criminal case in which a defendant agrees to tell the court that he or she is guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing is known as a a. nolo contendere. b. sentence reduction. c. parole. d. plea bargain.

d. plea bargain.

If a plaintiff and defendant settle a case before it goes to trial or a verdict is reached, this is called a a. writ of certiorari. b. establishment of a cert pool. c. class-action lawsuit. d. plea bargain.

d. 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 a. standing. b. jurisdiction. c. mootness. d. precedent.

d. precedent.

What are legal precedents? a. the parties in a civil suit b. briefs filed by individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional arguments c. the areas of jurisdiction of federal courts d. prior cases whose principles are used by judges as the basis for their decision in a present case

d. prior cases whose principles are used by judges as the basis for their decision in a present case