Final - Federal Courts

A writ of habeas corpus declares that the government must show a legal cause for holding someone in detention. In which case did the US Supreme Court strike down parts of the Military Commissions Act and declared habeas corpus to be a fundamental right?

a. Boumediene v. Bush. b. Gideon v. Wainwright. C. Miranda v. Arizona. D. Korematsu v. United States.

In what type of law or cases is the government always the plaintiff?

a. Public b. Criminal c. common d. tort

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.

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

More than ________ percent of all cases in the United States are heard in state courts.

a. 33 b. 50 c. 68 d. 97

There are ________ U.S. district courts.

a. 50 b. 94 c. 200 d. 443

Which of the following statements best describes the formal requirements of serving as a federal court judge as prescribed in Article III of the US Constitution?

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.

Why is Marbury v. Madison (1803) an important case?

a. In this case, the justices recognized the authority of Congress to regulate the economy of the United States. b. In this case, the justices nationalized the Bill of Rights. c. In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress. d. In this case, the justices declared the secession of the Confederate states to be in violation of the Constitution.

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.

Which of the following best describes the role of the solicitor general?

a. The solicitor general is the chief legal counsel for the White House. b. The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party. c. The solicitor general is the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals. d. The solicitor general is the head of the Department of Justice.

Which of the following would the Supreme Court likely refuse to hear because of "mootness"?

a. a case involving a citizen suing the Social Security Administration for failure to deliver Social Security benefits prior to the time the citizen was scheduled to receive the benefits b. a case involving a student who was first rejected but then, later, admitted to a state-run university suing that university for discrimination in the admissions process c. a case involving a convicted murderer challenging the constitutionality of the death penalty while on death row d. a case involving a dispute between the president and the Congress over access to top secret documents

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

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. judicial review. C. his Miranda rights. D. the due process of law.

Appeals courts

a. are the first courts to hear cases involving a violation of federal law. b. are the first courts to hear cases involving a violation of state law. c. hear new witnesses and examine additional evidence before reaching their decisions. d. do not hear witnesses or examine additional evidence before reaching their decisions.

If someone is an advocate of the philosophy of judicial restraint, he or she believes

a. in looking only at the words of the Constitution in order to understand its meaning. b. that the meaning of the law tends to evolve over time. c. the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions. d. that judges should openly consider both legal and political questions when adjudicating cases.

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

a. must always be heard in federal district court. b. must always be heard in a state court. c. must always be heard in the U.S. Supreme Court. d. may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.

If a defendant is found not guilty in a criminal case, the government is

a. not entitled to appeal the verdict. b. entitled to appeal the verdict only if it files a writ of habeas corpus. c. entitled to appeal the verdict only if it files an amicus curiae brief. d. entitled to appeal the verdict only if the case raises an important constitutional question.

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

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.

The power of the Supreme Court to review state government actions and legislation is implied by

a. the judicial review clause of Article III. b. the Declaration of Independence. C. the supremacy clause of Article VI. D. the Seventh Amendment.