AP GOV courts review

Proponents of which of the following believe that it is appropriate for judges to make bold policy decisions when doing so is necessary to address pressing societal needs? a. judicial restraint b. strict constructionism c. judicial activism d. originalism

judicial activism

All of the following are true regarding judicial activism EXCEPT:

judicial activists use precedents to make case decisions

If a judge believes that he or she should defer to the decisions made by elected representatives whenever possible, the judge likely believes in which of the following? a. judicial activism b. the attitudinal model of decision making c. originalism d. judicial restraint

judicial restraint

What is the term given to the power of the courts to determine whether the actions of Congress and the executive branch are permissible under the Constitution? a. original jurisdiction b. strict construction c. judicial review d. stare decisis

judicial review

The Court of Military Appeals is an example of which type of court? a. constitutional b. district c. legislative d. circuit

legislative

Which of the following political groups would have been most likely to support the decisions of The Warren Court from 1953-1969?

liberals

In Federalist No. 78, Alexander Hamilton claims that

lifelong appointments will increase the independent nature of the judiciary

Federal district court judges are appointed to ___________ terms. a. three-year b. 10-year c. 20-year d. lifetime

lifetime

The conferences of the U.S. Supreme Court are __________. a. limited to the justices and other Court staff b. limited to the justices themselves c. open to the justices and the public d. open to the justices and the media

limited to the justices themselves

What do grand juries and petit juries have in common?

none of the above

Which of the following describes an amicus curiae brief?

none of the above

What are two types of jurisdiction courts can have? a. original and appellate b. trial and appeals c. constructionist and restrained d. active and restrained

original and appellate

______________ is the authority of a court to hear a case first, thus determining the facts of the case. a. original jurisdiction b. judicial review c. jurisprudence d. confirmation

original jurisdiction

The Lemon Test, the Strict Scrutiny Test, and the Clear and Present Danger Test are all judicial tests that...

provide continuity in judicial rulings

In a process known as __________ the Senate generally allows senators of the president's party from the state in which a judicial vacancy occurs to block the nomination. a. advice and consent b. presidential deference c. judicial review d. senatorial courtesy

senatorial courtesy

UC Regents v. Bakke acted as a "stare decisis" for Gratz v. Bollinger. This means that Bakke...

set a significant precedent for how Gratz should be ruled

Why did Justice Souter wait until 2009 to retire? a. so that he would get a bigger pension b. so that Barack Obama rather than George W. Bush would name a new justice c. to avoid the appearance of impropriety when deciding important cases on the docket in 2008 d. to ensure that he would be covered under the Affordable Care Act

so that Barack Obama rather than George W. Bush would name a new justice

Who represents the federal government in appeals to the Supreme Court? a. attorney general b. president c. solicitor general d. chief prosecutor

solicitor general

Which of the following must plaintiffs have in order to sustain a lawsuit in court? a. a serious injury b. money c. standing to sue d. an attorney

standing to sue

According to the principle of __________, a court should not overturn precedent unless it is absolutely necessary. a. original intent b. judicial review c. stare decisis d. prior restraint

stare decisis

When a court bases its decision or opinion on previous court decisions or rulings, that is called? a. per curiam b. stare decisis c. coram nobis d. amicus curiae

stare decisis

Which of the following limits judicial power? a. judicial review b. judicial activism c. stare decisis d. life tenure

stare decisis

decisions made in federal district courts should theoretically always be based on:

stare decisis

In which courts are the vast majority of all cases tried? a. federal b. district c. state d. appellate

state

Marbury v. Madison established

that the Supreme Court can declare laws unconstitutional

Which of the following must confirm all federal judges? a. the House of Representatives b. the Supreme Court c. the Senate d. the states

the Senate

Which of the following has the most control over the cases it hears? a. federal district courts b. trial courts c. state courts of original jurisdiction d. the U.S. Supreme Court

the U.S. Supreme Court

The case United States v. National Treasury Employees Union was deemed to be lacking in ripeness because...

the effects of using the line-item veto could not yet be determined

In order for a judicial remedy to be effective, it needs the support of

the executive branch

In Shaw v. Reno the Supreme Court reversed a lower court's decision because it concluded that..

the plaintiffs had grounds for relief due to the Fourteenth Amendment.

Who nominates judges to the U.S. district courts? a. the president b. the House of Representatives c. the Senate d. the Supreme Court

the president

When the government loses in a lower court, who decides whether to appeal a case to the Supreme Court? a. the president of the Senate b. the solicitor general c. the Supreme Court clerk of courts d. the chief justice of the United States

the solicitor general

To "have standing" means that:

they can prove they suffered harm that was directly caused by the defendant

Which of the following us one way that the judicial branch checks Congress?

through its power of judicial review

Based on Article III of the Constitution, which of the following best describes the likely intent of the appellate jurisdiction of the Supreme Court?

to allow the Supreme Court to reconsider lower court decisions

A concurring opinion is:

when a Justice writes his or her opinion, agreeing with the majority, but for different legal reasons

The practice of senatorial courtesy is used

when a president nominates judges who have been recommended by their state's Senator(s)

Under which of the following circumstances would a presidential nominee to the Supreme Court have the most trouble being confirmed? a. when the House is opposed to the nominee's ideological orientation b. when a president nominates a woman or an ethnic or racial minority c. when a president makes a nomination at the beginning of his or her term d. when a president's party affiliation is in the minority in the Senate

when a president's party affiliation is in the minority in the Senate

A writ of certiorari is:

when the US Supreme Court requests to review the legal paperwork for a lower court decision

Which of the following Anti-Federalist authors inspired the writing of Federalist No. 78?

"Brutus"

How many district courts are in the federal system? a. five b. 16 c. 91 d. 412

91

The views expressed in Federalist No. 78 are best seen as evidence of which of the following in late 18th century American society?

A concern that disagreements between the states which occurred during the Confederation necessitated the creation of a national judiciary.

Which of the following groups would most likely support the expansion of judicial review?

Advocates of judicial activism

In which of the following instances can the Supreme Court utilize the power of judicial review?

After an executive order is issued and challenged in the courts

Alexander Hamilton, the author of Federalist No 78, most strongly supports which of the following statements about a national judiciary?

An independent, national judiciary is the best safeguard of the integrity of the Constitution

This part of the Constitution allows Congress to establish inferior courts:

Article I Section 8

Which Supreme Court case resulted in the "one-person, one-vote" principle, which required legislative districts within a state to have roughly the same number of eligible voters to ensure equal representation?

Baker v. Carr

Shaw v. Reno (1993) has the most in common with which of the following Supreme Court cases?

Baker v. Carr (1962)

The constitutional rationale expressed in the concurring opinion of Shaw v. Reno (1993) is similar to that of which of the following Supreme Court cases?

Brown v. Board of Education of Topeka (1954)

According to the Constitution, which of the following powers does Congress hold over the judicial branch?

Congress can establish the size of the Supreme Court and establish inferior courts

Which of the following statements about the Supreme Court's appellate jurisdiction is true?

Congress can modify and expand it

Which of the following was influenced by the ambiguity in Article III?

Court packing

Which of the following is true of the role of Solicitor General?

He or she argues more cases in front of the Supreme Court than the Attorney General

Under which chief justice did the Supreme Court establish the power of judicial review? a. James Madison b. John Marshall c. Oliver Wendell Holmes d. Earl Warren

John Marshall

Which of the following describes the issues of judicial restraint vs. judicial activism?

Judicial activism tends to be associated with liberals, whereas judicial restraint tends to be associated with conservatism

Groups that advocate for which of the following would be most likely to oppose the expansion of judicial review implied by Marbury v. Madison?

Judicial restraint

The __________ Act of 1789 established the basic three-tiered structure of the federal court system. a. Federal Courts b. Appellate c. Confirmation d. Judiciary

Judiciary

Which of the following led to the development of the federal court system after the ratification of the Constitution?

Judiciary Act of 1789

In which of the following cases did the Supreme Court first exercise judicial review? a. Chisholm v. Georgia b. Brown v. Board of Education c. Dred Scott v. Sandford d. Marbury v. Madison

Marbury v. Madison

Which of the following cases reaffirmed Hamilton's feelings towards judicial review as found in Federalist No. 78?

Marbury v. Madison (1803)

Which of the following accurately explains the ruling of Hernandez v. Texas?

Mexican-Americans were given equal protection under the 14th Amendment

This part of the Constitution allows Congress to establish one Supreme Court:

None of the above

Who attempted to expand the number of Supreme Court justices in 1937? a. Chief Justice Warren b. Chief Justice Marshall c. President Hoover d. President Roosevelt

President Roosevelt

Shaw v. Reno (1993) reflects what shifts in American political beliefs?

Redistricting based on racial considerations should come under closer scrutiny

Which of the following most clearly states the outcome of Shaw v. Reno (1993)?

Redistricting plans based on race must be held to a high standard of scrutiny under the Fourteenth Amendment and ensure compliance with the Voting Rights Act of 1965.

In 1987, the Senate refused to confirm the nomination of __________ to the Supreme Court. a. Antonin Scalia b. Earl Warren c. Robert Bork d. John Roberts

Robert Bork

Based on Federalist No. 78 and your knowledge of the New Deal era, which of the following best describes President Franklin Roosevelt's relationship with the Supreme Court?

Roosevelt hoped to refashion the composition of the Supreme Court to make it more amendable to his New Deal agenda

At President Roosevelt's urging, Congress passed dozens of laws designed to end the Depression. Why did the Supreme Court initially overturn some of these laws? a. The Court believed that federal intervention in the economy was unconstitutional. b. The Court believed that Roosevelt was meddling in the Court's jurisdiction. c. The Court typically gave deference to the decisions enacted by the elected branches of government. d. Federal intervention in the economy was perceived as being the best way to end the Great Depression.

The Court believed that federal intervention in the economy was unconstitutional.

Which of the following political groups would support the viewpoint depicted in the dissenting opinion of Shaw v. Reno (1993)?

The Democratic Party

The outcome of Shaw v. Reno (1993) rests most heavily on which of the following clauses manifested in the U.S. Constitution?

The Equal Protection Clase

Which of the following organizations would most likely advocate for the concurring opinion of Shaw v. Reno (1993)?

The Heritage Foundation

What was one of the short-term effects of Federalist No. 78?

The creation of the federal court system by Congress through the Judiciary Act of 1789

A political scientist would most likely use Federalist No. 78 to illustrate which of the following?

The independent nature of the national judiciary

Which of the following best describes a major assumption made by Alexander Hamilton in Federalist No. 78?

The judiciary would remain the weakest of the three branch of the national government

The dissenting opinion of Shaw v. Reno (1993) is most closely associated with which constitutional interpretation?

The original intent of the Fourteenth Amendment was to provide equal protection for the blacks following emancipation and the abolition of slavery.

the Supreme Court will be most likely to issue a writ of certiorari dealing with a policy issue if the case has which of the following characteristics?

There have been several conflicting rulings amongst the circuit courts

Which of the following notable American leaders would come to question Alexander Hamilton's views about the power of the national judiciary?

Thomas Jefferson

In which ways does the judicial branch check the executive?

Through its power of judicial review

Which Court was one of the most active in shaping public policy in the twentieth century? a. Rehnquist b. Warren c. Fortas d. Chase

Warren

Which of the following refers to the "Rule of Four" in the US Supreme Court?

a four-justice minimum needed to agree to hear a case in the Supreme Court

Which of the following people/parties are involved with Original Jurisdiction of the Supreme Court?

ambassadors and consuls

Only a(n) __________ court can review the decisions of a lower court. a. trial b. original c. administrative d. appellate

appellate

When the U.S. Supreme Court agrees to hear a case appealed to it from a court of appeals, it is exercising its __________ jurisdiction. a. original b. constitutional d. appellate

appellate

Most cases taken by the Supreme Court to review are

appellate jurisdiction cases

Which of the following is within the original jurisdiction of the Supreme Court? a. federal criminal matters b. tax disputes c. military tribunals d. cases prosecuting diplomats

cases prosecuting diplomats

A writ of __________ is issued by the Supreme Court when it agrees to hear a case. a. mandamus b. prohibition c. certiorari d. attachment

certiorari

Which type of law involves the violation of the legal rights of one individual toward another? a. civil b. natural c. recidivist d. criminal

civil

Which of the following are most commonly heard by the U.S. Supreme Court? a. federal habeas corpus cases b. original jurisdiction cases c. civil actions from lower federal courts d. criminal cases from state and federal courts

civil actions from lower federal courts

What type of standing permits a small number of people to sue on behalf of all other people in similar circumstances? a. criminal b. statute c. class action d. justiciable

class action

Brown v. Board of Education was a(n) _________ because it benefited Linda Brown and all other children in similar situation

class-action suit

Which of the following is an opinion written by a justice who voted with the majority but has s an alternative basis for the decision? a. concurring b. dissenting c. majority d. per curiam

concurring

Shaw v. Reno (1993) most likely resulted in a plurality decision because

conservative and liberal justices interpret the Fourteenth Amendment differently

Which court hears appeals from federal independent regulatory commissions? a. courts of appeals b. the cabinet c. district courts d. U.S. Supreme Court

courts of appeals

A judge who believes in using judicial restraint believes that his or her judicial obligation is to a. declare a law to be null and void only if conflicts with Constitutional principles. b. help meet the wants and needs of the American people c. rule in accordance with what he or she feels is best for society d. broadly interpret the meaning of the Constitution in order to support laws that helpful to society. e. mobilize the people to amend the Constitution

declare a law to be null and void only if conflicts with Constitutional principles.

a judge who believes in using judicial restraint believes that his or her judicial obligation is to...

declare a law to be null and void only if it conflicts with Constitutional principles

The Supreme Court decision in Citizens United v. FEC impacted government policies by

declaring the Bipartisan Campaign Reform Act unconstitutional, allowing limitless donations to campaigns under certain provisions

Which type of federal court hears the largest number of cases?

district court

In which federal courts are trials conducted? a. circuit courts b. district courts c. courts of appeals d. the Supreme Court

district courts

a litmus test is used

during the nomination process of a federal judge

The Supreme Court hears cases from state courts only if they involve a __________ question. a. common b. civil c. federal d. criminal

federal

McCulloch v. Maryland established that:

federal law supersedes state law

Which of the following is a way that interest groups attempt to influence the Supreme Court's decisions? a. claiming disputes are justiciable b. filing standing to sue briefs c. lobbying legislators d. filing amicus curiae briefs

filing amicus curiae briefs

Which of the following would be the direct result for a justice if he or she were to break the "good behavior" requirement of Article III of the Constitution?

impeachment

How and whether judicial decisions are translated into actual policy is known as judicial __________. a. implementation b. execution c. legislation d. intention

implementation

In Federalist #78, Alexander Hamilton argues that in relation to the other two branches, the judicial branch..

is inherently the weakest of the branches and the least likely to encroach on liberty

which of the following is true of a dissenting opinion?

itv explains why a Justice does not agree with the decision of the Court's majority