Question 1

What is the standard of proof in a civil case?

Accepted Answer

A)  Judges or juries decide which party's side is better supported by the evidence. 
B)  A judge or jury must find a defendant innocent unless the evidence shows that he or she is guilty beyond a reasonable doubt. 
C)  Judges or juries must find a defendant guilty unless the evidence shows that he or she is clearly innocent of the crime. 
D)  A judge or jury merely decides whether the defendant seems to be guilty of the crime. 
E)  Judges or juries must find a defendant innocent unless there is some incriminating evidence. 
A)  Judges or juries decide which party's side is better supported by the evidence. 
B)  A judge or jury must find a defendant innocent unless the evidence shows that he or she is guilty beyond a reasonable doubt. 
C)  Judges or juries must find a defendant guilty unless the evidence shows that he or she is clearly innocent of the crime. 
D)  A judge or jury merely decides whether the defendant seems to be guilty of the crime. 
E)  Judges or juries must find a defendant innocent unless there is some incriminating evidence. A

Question 2

Explain the importance of the Marbury v. Madison Supreme Court decision. What were the facts of the case? What legal and constitutional issues did it present? How was the case decided by the Supreme Court? Why was this result significant? How did this result relate to the long-term political development of judicial power in the United States?

Accepted Answer

A thorough answer may include the following:
•It set precedent for judicial review by declaring a federal law unconstitutional.
•Marbury brought suit against Madison, the new Secretary of State, after not receiving his appointment letter as justice of the peace; he asked the Court for writ of mandamus to force Madison to make the appointment or compensate for the wrongdoing.
•Chief justice's opinion was very convoluted, but essentially weakened the power of the Court's jurisdiction under the Judiciary Act; he greatly enhanced its powers by granting it the right of judicial review, the ability to determine the constitutionality of all laws.
•This is critical to understanding the role of the Court in modern times; the use of judicial review changed the nature of American government and federalism by expanding the national power; most decisions made by the Court require the "right" of judicial review; we would have a fundamentally different judicial system without this case.

Question 3

A student suspended from a public school for wearing a T-shirt promoting drug use appeals her suspension to a federal district court on First Amendment grounds. The American Civil Liberties Union (ACLU) files a brief with the court in support of the student's appeal. In this case, the ACLU is a/an ________.

Accepted Answer

A)  petitioner 
B)  defendant 
C)  respondent 
D)  amicus curiae 
E)  plaintiff 
A)  petitioner 
B)  defendant 
C)  respondent 
D)  amicus curiae 
E)  plaintiff D

Question 4

Which institution must give "advice and consent" to presidential appointments to the federal judiciary under the terms of the U.S. Constitution?

Accepted Answer

A)  Supreme Court 
B)  Senate 
C)  House of Representatives 
D)  American Bar Association 
E)  Judicial Conference of the United States 
A)  Supreme Court 
B)  Senate 
C)  House of Representatives 
D)  American Bar Association 
E)  Judicial Conference of the United States

Question 5

Nearly all felonies, such as murder, rape, robbery, burglary, and car theft, are prosecuted at the ________ level. Felonies related to drug offenses have increasingly been heard by ________ courts.

Accepted Answer

A)  federal; state 
B)  national; state 
C)  national; federal 
D)  state; federal 
E)  state; local 
A)  federal; state 
B)  national; state 
C)  national; federal 
D)  state; federal 
E)  state; local

Question 6

Judges said to exercise "judicial restraint" and not enter into the policy-making process are most likely ________.

Accepted Answer

A)  naturalists 
B)  pragmatists 
C)  judicial activists 
D)  strict constructionists 
E)  textualists 
A)  naturalists 
B)  pragmatists 
C)  judicial activists 
D)  strict constructionists 
E)  textualists

Question 7

Which legal philosophy prescribes that judges should use the intentions of those who wrote the law or the Constitution as guides for how to interpret the law?

Accepted Answer

A)  textualism 
B)  strict constructivism 
C)  judicial activism 
D)  pragmatism 
E)  naturalism 
A)  textualism 
B)  strict constructivism 
C)  judicial activism 
D)  pragmatism 
E)  naturalism

Question 8

In the early twentieth century, Justice Oliver Wendell Holmes wrote several historic ________ in which he disagreed with the majority, laying the groundwork for expanding freedom of speech in later Court majority decisions.

Accepted Answer

A)  concurrences 
B)  debates 
C)  dissents 
D)  ancillaries 
E)  advisories 
A)  concurrences 
B)  debates 
C)  dissents 
D)  ancillaries 
E)  advisories

Question 9

How many votes are required for the Supreme Court to grant certiorari?

Accepted Answer

A)  three 
B)  six 
C)  five 
D)  four 
E)  seven 
A)  three 
B)  six 
C)  five 
D)  four 
E)  seven

Question 10

Which is a system of jurisprudence in which courts have the authority to determine how laws are interpreted?

Accepted Answer

A)  common law 
B)  interpretive law 
C)  natural law 
D)  fundamental law 
E)  civil law 
A)  common law 
B)  interpretive law 
C)  natural law 
D)  fundamental law 
E)  civil law

Question 11

Compare the method of selecting federal judges with judicial selection methods used in the American states and with those used in other countries. Which system(s) promote the greatest democratic accountability? Which systems promote the greatest judicial independence? Should the U.S. Constitution be amended to alter the method of selecting federal judges? If so, which alternative systems would you propose to replace the current one? Why? If not, why is the current system favorable to the alternatives?

Accepted Answer

A thorough answer may include the follow

Question 12

Effectively, the Court's decision in Marbury v. Madison ______________.

Accepted Answer

A)  invalidated the Missouri Compromise, thus freeing most slaves 
B)  diminished the Court's jurisdiction under the Judiciary Act 
C)  gave Congress the authority to establish a national bank 
D)  gave the Court the power to review the constitutionality of all laws 
E)  diminished the Court's jurisdiction under the Judiciary Act and gave the Court the power to review the constitutionality of all laws 
A)  invalidated the Missouri Compromise, thus freeing most slaves 
B)  diminished the Court's jurisdiction under the Judiciary Act 
C)  gave Congress the authority to establish a national bank 
D)  gave the Court the power to review the constitutionality of all laws 
E)  diminished the Court's jurisdiction under the Judiciary Act and gave the Court the power to review the constitutionality of all laws

Question 13

Why do some scholars believe that the election of state-level judges is problematic?

Accepted Answer

A)  It helps democratize the judicial system. 
B)  Because most are nonpartisan, citizens cannot use party identification as a cue in voting. 
C)  It raises concerns that electoral pressures may later interfere with impartiality. 
D)  It increases the likelihood that voters will choose incumbents. 
E)  It is uncommon in other parts of the world, thus decreasing the legitimacy of U.S. courts abroad. 
A)  It helps democratize the judicial system. 
B)  Because most are nonpartisan, citizens cannot use party identification as a cue in voting. 
C)  It raises concerns that electoral pressures may later interfere with impartiality. 
D)  It increases the likelihood that voters will choose incumbents. 
E)  It is uncommon in other parts of the world, thus decreasing the legitimacy of U.S. courts abroad.

Question 14

A distinctive feature of state courts in the United States, which sets them apart from the federal courts and from most courts around the world, is that ________.

Accepted Answer

A)  a sizable proportion of their judges and prosecutors are appointed by elected officials, rather than elected by voters 
B)  a sizable proportion of their judges and prosecutors are elected by voters, rather than appointed by elected officials 
C)  their judges are elected by voters, while their prosecutors are appointed by elected officials 
D)  their prosecutors are elected by voters, while their judges are appointed by elected officials 
E)  a sizable proportion of their judges and prosecutors are appointed by the Supreme Court 
A)  a sizable proportion of their judges and prosecutors are appointed by elected officials, rather than elected by voters 
B)  a sizable proportion of their judges and prosecutors are elected by voters, rather than appointed by elected officials 
C)  their judges are elected by voters, while their prosecutors are appointed by elected officials 
D)  their prosecutors are elected by voters, while their judges are appointed by elected officials 
E)  a sizable proportion of their judges and prosecutors are appointed by the Supreme Court

Question 15

Which is an opinion written by a member of the majority of the Supreme Court in a given case that offers alternative legal reasoning for reaching the same result in the case?

Accepted Answer

A)  opinion 
B)  dissenting 
C)  concurring 
D)  advisory 
E)  ancillary 
A)  opinion 
B)  dissenting 
C)  concurring 
D)  advisory 
E)  ancillary

Question 16

Judges who examine how the law as written should be applied to contemporary affairs are ________.

Accepted Answer

A)  strict constructionists 
B)  textualists 
C)  judicial activists 
D)  pragmatists 
E)  naturalists 
A)  strict constructionists 
B)  textualists 
C)  judicial activists 
D)  pragmatists 
E)  naturalists

Question 17

In most states, judicial elections are nonpartisan. What does this mean?

Accepted Answer

A)  Judges or prosecutors follow the legal model and do not affiliate with a political party. 
B)  Judges and prosecutors follow the legal model and run unbiased elections. 
C)  Judges and prosecutors do not indicate on the ballot their political party affiliations. 
D)  Judges and prosecutors promise to avoid partisan politics if elected to office. 
E)  Judges and prosecutors follow the attitudinal model but do not indicate on the ballot their political party affiliations. 
A)  Judges or prosecutors follow the legal model and do not affiliate with a political party. 
B)  Judges and prosecutors follow the legal model and run unbiased elections. 
C)  Judges and prosecutors do not indicate on the ballot their political party affiliations. 
D)  Judges and prosecutors promise to avoid partisan politics if elected to office. 
E)  Judges and prosecutors follow the attitudinal model but do not indicate on the ballot their political party affiliations.

Question 18

In the Escola v. Coca-Cola Bottling Co. (1944) California Supreme Court case, Justice Roger Traynor was a member of the majority; he wrote an opinion arguing that rather than deciding the case on grounds of negligence, a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers. This is an example of a ________.

Accepted Answer

A)  majority opinion 
B)  dissenting opinion 
C)  concurring opinion 
D)  advisory opinion 
E)  ancillary opinion 
A)  majority opinion 
B)  dissenting opinion 
C)  concurring opinion 
D)  advisory opinion 
E)  ancillary opinion

Question 19

U.S. Supreme Court justices are ________ for ________.

Accepted Answer

A)  elected; six-year terms 
B)  elected; four-year terms 
C)  elected; life (conditional on good behavior) 
D)  appointed; six-year terms 
E)  appointed; life (conditional on good behavior) 
A)  elected; six-year terms 
B)  elected; four-year terms 
C)  elected; life (conditional on good behavior) 
D)  appointed; six-year terms 
E)  appointed; life (conditional on good behavior)

Question 20

Federal courts are sometimes called upon to decide whether, in a given circumstance, it is appropriate to overturn state courts' decisions. Generally, federal courts ________.

Accepted Answer

A)  would rather overturn state court decisions because of a federal court supremacy provision 
B)  would rather defer to the state courts if the matter is internal to the states and does not obviously violate national law 
C)  would rather defer to the state courts if the matter is internal to the states despite violating national law 
D)  cannot overturn state court decisions because of the confederal court supremacy provision 
E)  would rather defer to the state courts if the matter is external to the states and does not obviously violate state law 
A)  would rather overturn state court decisions because of a federal court supremacy provision 
B)  would rather defer to the state courts if the matter is internal to the states and does not obviously violate national law 
C)  would rather defer to the state courts if the matter is internal to the states despite violating national law 
D)  cannot overturn state court decisions because of the confederal court supremacy provision 
E)  would rather defer to the state courts if the matter is external to the states and does not obviously violate state law

What is the standard of proof in a civil case?

Which institution must give "advice and consent" to presidential appointments to the federal judiciary under the terms of the U.S. Constitution?

Nearly all felonies, such as murder, rape, robbery, burglary, and car theft, are prosecuted at the level. Felonies related to drug offenses have increasingly been heard by courts.

Judges said to exercise "judicial restraint" and not enter into the policy-making process are most likely ________.

Which legal philosophy prescribes that judges should use the intentions of those who wrote the law or the Constitution as guides for how to interpret the law?

In the early twentieth century, Justice Oliver Wendell Holmes wrote several historic ________ in which he disagreed with the majority, laying the groundwork for expanding freedom of speech in later Court majority decisions.

How many votes are required for the Supreme Court to grant certiorari?

Which is a system of jurisprudence in which courts have the authority to determine how laws are interpreted?

Effectively, the Court's decision in Marbury v. Madison ______________.

Why do some scholars believe that the election of state-level judges is problematic?

A distinctive feature of state courts in the United States, which sets them apart from the federal courts and from most courts around the world, is that ________.

Which is an opinion written by a member of the majority of the Supreme Court in a given case that offers alternative legal reasoning for reaching the same result in the case?

Judges who examine how the law as written should be applied to contemporary affairs are ________.

In most states, judicial elections are nonpartisan. What does this mean?

U.S. Supreme Court justices are for .

Federal courts are sometimes called upon to decide whether, in a given circumstance, it is appropriate to overturn state courts' decisions. Generally, federal courts ________.

Introduction

The Constitution

Federalism

Civil Rights and Liberties

Congress

The Presidency

The Bureaucracy

Public Opinion

Political Participation

Interest Groups and Social Movements

Political Parties

Elections and Campaigns

Mass Media and the Press

Economic Policy

Social Policy

Foreign Policy

Filters

Exam 8: The Judiciary

What is the standard of proof in a civil case?

Which institution must give "advice and consent" to presidential appointments to the federal judiciary under the terms of the U.S. Constitution?

Nearly all felonies, such as murder, rape, robbery, burglary, and car theft, are prosecuted at the ________ level. Felonies related to drug offenses have increasingly been heard by ________ courts.

Judges said to exercise "judicial restraint" and not enter into the policy-making process are most likely ________.

Which legal philosophy prescribes that judges should use the intentions of those who wrote the law or the Constitution as guides for how to interpret the law?

In the early twentieth century, Justice Oliver Wendell Holmes wrote several historic ________ in which he disagreed with the majority, laying the groundwork for expanding freedom of speech in later Court majority decisions.

How many votes are required for the Supreme Court to grant certiorari?

Which is a system of jurisprudence in which courts have the authority to determine how laws are interpreted?

Effectively, the Court's decision in Marbury v. Madison ______________.

Why do some scholars believe that the election of state-level judges is problematic?

A distinctive feature of state courts in the United States, which sets them apart from the federal courts and from most courts around the world, is that ________.

Which is an opinion written by a member of the majority of the Supreme Court in a given case that offers alternative legal reasoning for reaching the same result in the case?

Judges who examine how the law as written should be applied to contemporary affairs are ________.

In most states, judicial elections are nonpartisan. What does this mean?

U.S. Supreme Court justices are ________ for ________.

Federal courts are sometimes called upon to decide whether, in a given circumstance, it is appropriate to overturn state courts' decisions. Generally, federal courts ________.

Introduction

The Constitution

Federalism

Civil Rights and Liberties

Congress

The Presidency

The Bureaucracy

Public Opinion

Political Participation

Interest Groups and Social Movements

Political Parties

Elections and Campaigns

Mass Media and the Press

Economic Policy

Social Policy

Foreign Policy

Filters

Nearly all felonies, such as murder, rape, robbery, burglary, and car theft, are prosecuted at the level. Felonies related to drug offenses have increasingly been heard by courts.

U.S. Supreme Court justices are for .