Question 1

Judicial restraint refers to the philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Accepted Answer

A) True 
 B)False

Question 2

Whether or not a court's decision will be obeyed is an issue of compliance.

Accepted Answer

A) True 
 B)False

Question 3

Your text defines an adversary system as

Accepted Answer

A) the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. 
B) the power of a court to refuse to enforce a law. 
C) the authority of a court to review decisions made by lower courts. 
D) a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. 
E) the authority of a court to hear a case "in the first instance." 
A) the view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter. 
B) the power of a court to refuse to enforce a law. 
C) the authority of a court to review decisions made by lower courts. 
D) a dispute growing out of an actual case or controversy that is capable of settlement by legal methods. 
E) the authority of a court to hear a case "in the first instance."

Question 4

What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution?

Accepted Answer

A) Judicial activism 
B) Judicial oversight 
C) Judicial courtesy 
D) Judicial restraint 
E) Judicial compromise 
A) Judicial activism 
B) Judicial oversight 
C) Judicial courtesy 
D) Judicial restraint 
E) Judicial compromise

Question 5

The authority of a court to review decisions made by lower courts is called a justiciable dispute.

Accepted Answer

A) True 
 B)False

Question 6

The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court is called

Accepted Answer

A) the solicitor general. 
B) the public defender system. 
C) a court of appeals. 
D) a precedent. 
E) a writ of habeas corpus. 
A) the solicitor general. 
B) the public defender system. 
C) a court of appeals. 
D) a precedent. 
E) a writ of habeas corpus.

Question 7

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning is called a concurring decision.

Accepted Answer

A) True 
 B)False

Question 8

Both liberals and conservatives can engage in judicial activism.

Accepted Answer

A) True 
 B)False

Question 9

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is called a justiciable dispute.

Accepted Answer

A) True 
 B)False

Question 10

What is known as the power of a court to refuse to enforce a law that in the opinion of the judges conflicts with the U.S.Constitution?

Accepted Answer

A) Judicial review 
B) Oversight 
C) Adversarial power 
D) Judicial refusal 
E) Judicial restraint 
A) Judicial review 
B) Oversight 
C) Adversarial power 
D) Judicial refusal 
E) Judicial restraint

Question 11

A law that governs relationships between individuals and defines their legal rights is called a civil law.

Accepted Answer

A) True 
 B)False

Question 12

The powers of the chief justice include all BUT which of the following?

Accepted Answer

A) Presiding over the Court 
B) Choosing the opinion writer if the chief justice has voted with the majority 
C) Barring dissenting justices from the Friday conference 
D) Leading conference discussion 
E) None of the above is a power of the chief justice 
A) Presiding over the Court 
B) Choosing the opinion writer if the chief justice has voted with the majority 
C) Barring dissenting justices from the Friday conference 
D) Leading conference discussion 
E) None of the above is a power of the chief justice

Question 13

In a criminal action, the person or party accused of an offense is called a

Accepted Answer

A) criminal. 
B) civilian. 
C) defendant. 
D) plaintiff. 
E) plea bargainer. 
A) criminal. 
B) civilian. 
C) defendant. 
D) plaintiff. 
E) plea bargainer.

Question 14

One of the first actions a political party takes after gaining control of the White House and Congress is often to increase the number of federal judgeships.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is NOT a way that Congress and the President can affect the judiciary?

Accepted Answer

A) Changing the number of federal judgeships 
B) Increasing or decreasing the size of the Supreme Court 
C) Changing the structure of the courts 
D) Altering the jurisdiction of the courts 
E) Limiting the number of years a federal judge may serve 
A) Changing the number of federal judgeships 
B) Increasing or decreasing the size of the Supreme Court 
C) Changing the structure of the courts 
D) Altering the jurisdiction of the courts 
E) Limiting the number of years a federal judge may serve

Question 16

In forma pauperis refers to

Accepted Answer

A) the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. 
B) a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. 
C) a petition that allows a party to file "as a pauper" and avoid paying Court fees. 
D) a formal writ used to bring a case before the Supreme Court. 
E) a court order requiring explanation to a judge why a prisoner is being held in custody. 
A) the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. 
B) a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. 
C) a petition that allows a party to file "as a pauper" and avoid paying Court fees. 
D) a formal writ used to bring a case before the Supreme Court. 
E) a court order requiring explanation to a judge why a prisoner is being held in custody.

Question 17

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter defines the adversary system.

Accepted Answer

A) True 
 B)False

Question 18

A concurring opinion is

Accepted Answer

A) an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. 
B) an opinion disagreeing with the majority in a Supreme Court ruling. 
C) the list of potential cases that reach the Supreme Court. 
D) the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. 
E) an explanation of a decision of the Supreme Court or any other appellate court. 
A) an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. 
B) an opinion disagreeing with the majority in a Supreme Court ruling. 
C) the list of potential cases that reach the Supreme Court. 
D) the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. 
E) an explanation of a decision of the Supreme Court or any other appellate court.

Question 19

An explanation of a decision of the Supreme Court or any other appellate court is called a dissenting opinion.

Accepted Answer

A) True 
 B)False

Question 20

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter is called

Accepted Answer

A) an adversary system. 
B) judicial review. 
C) an appellate jurisdiction. 
D) a justiciable dispute. 
E) an original jurisdiction. 
A) an adversary system. 
B) judicial review. 
C) an appellate jurisdiction. 
D) a justiciable dispute. 
E) an original jurisdiction.

Exam 14: The Judiciary

Judicial restraint refers to the philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Whether or not a court's decision will be obeyed is an issue of compliance.

Your text defines an adversary system as

What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution?

The authority of a court to review decisions made by lower courts is called a justiciable dispute.

The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S.Supreme Court is called

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning is called a concurring decision.

Both liberals and conservatives can engage in judicial activism.

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods is called a justiciable dispute.

What is known as the power of a court to refuse to enforce a law that in the opinion of the judges conflicts with the U.S.Constitution?

A law that governs relationships between individuals and defines their legal rights is called a civil law.

The powers of the chief justice include all BUT which of the following?

In a criminal action, the person or party accused of an offense is called a

One of the first actions a political party takes after gaining control of the White House and Congress is often to increase the number of federal judgeships.

Which of the following is NOT a way that Congress and the President can affect the judiciary?

In forma pauperis refers to

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter defines the adversary system.

A concurring opinion is

An explanation of a decision of the Supreme Court or any other appellate court is called a dissenting opinion.

The view that a court of law is a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter is called

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