Question 1

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

Accepted Answer

A)  in looking only at the words of the Constitution in order to understand its meaning. 
B)  that the Court should beware of overturning the judgments of popularly elected legislatures. 
C)  that judges should limit their interpretations to the intention of the law's framers. 
D)  the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions. 
E)  that judges should consider legal questions rather than deciding political matters. 
A)  in looking only at the words of the Constitution in order to understand its meaning. 
B)  that the Court should beware of overturning the judgments of popularly elected legislatures. 
C)  that judges should limit their interpretations to the intention of the law's framers. 
D)  the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions. 
E)  that judges should consider legal questions rather than deciding political matters. A

Question 2

Congress has created a single federal appellate court for each of the fifty states.

Accepted Answer

A) True 
 B)False  False

Question 3

A single lawsuit involving thousands of smokers suing a tobacco company would be a good example of

Accepted Answer

A)  a class-action suit. 
B)  a plea bargain. 
C)  public law. 
D)  amicus curiae. 
E)  standing. 
A)  a class-action suit. 
B)  a plea bargain. 
C)  public law. 
D)  amicus curiae. 
E)  standing. A

Question 4

Why was the Supreme Court's decision in Ricci v. DeStefano important?

Accepted Answer

A)  It overturned a prior decision by Elena Kagan, who, a few months later, joined the Supreme Court. 
B)  It held that employment tests for promotion could not discriminate based on gender or race. 
C)  It held that, in order to seek damages, employees must show that employment tests for promotion are clearly defective, rather than that they produce unequal outcomes based on race or gender. 
D)  It held that, in order to seek damages, employees must show that employment tests for promotion clearly create unequal outcomes based on race or gender. 
E)  It held that employment tests for promotion were allowed to discriminate based on gender or race if the employer could show that the position would be better performed by a person with a particular race or gender. 
A)  It overturned a prior decision by Elena Kagan, who, a few months later, joined the Supreme Court. 
B)  It held that employment tests for promotion could not discriminate based on gender or race. 
C)  It held that, in order to seek damages, employees must show that employment tests for promotion are clearly defective, rather than that they produce unequal outcomes based on race or gender. 
D)  It held that, in order to seek damages, employees must show that employment tests for promotion clearly create unequal outcomes based on race or gender. 
E)  It held that employment tests for promotion were allowed to discriminate based on gender or race if the employer could show that the position would be better performed by a person with a particular race or gender.

Question 5

Approximately what percentage of all court cases in the United States are heard in federal courts?

Accepted Answer

A)  1 percent 
B)  5 percent 
C)  10 percent 
D)  30 percent 
E)  55 percent 
A)  1 percent 
B)  5 percent 
C)  10 percent 
D)  30 percent 
E)  55 percent

Question 6

The increase of administrative agencies since the New Deal has resulted in a(n)

Accepted Answer

A)  increased instance of Congress writing administrative rules. 
B)  delegation of power by Congress to administrative agencies. 
C)  strict nondelegation doctrine pronounced by the Supreme Court. 
D)  increase in states making administrative law. 
E)  increase in federal laws being challenged in the courts. 
A)  increased instance of Congress writing administrative rules. 
B)  delegation of power by Congress to administrative agencies. 
C)  strict nondelegation doctrine pronounced by the Supreme Court. 
D)  increase in states making administrative law. 
E)  increase in federal laws being challenged in the courts.

Question 7

Only the solicitor general is permitted to file amicus curiae briefs in a case involving the Constitution.

Accepted Answer

A) True 
 B)False

Question 8

Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.

Accepted Answer

A)  1,000; 500 
B)  200; 10 
C)  9,500; 80 
D)  12,000; 300 
E)  5,000; 100 
A)  1,000; 500 
B)  200; 10 
C)  9,500; 80 
D)  12,000; 300 
E)  5,000; 100

Question 9

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

Accepted Answer

A)  the chief legal counsel for the White House 
B)  the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party 
C)  the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals 
D)  the head of the Department of Justice 
E)  the chief legal counsel to the U.S. military 
A)  the chief legal counsel for the White House 
B)  the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party 
C)  the chief lawyer for Congress who makes advisory opinions on the constitutionality of legislative proposals 
D)  the head of the Department of Justice 
E)  the chief legal counsel to the U.S. military

Question 10

What is the Uniform Commercial Code?

Accepted Answer

A)  a federal law establishing common practices in each state regarding commercial affairs 
B)  a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions in contract law cases 
C)  judicial guidelines established by the Supreme Court explaining the meaning of federal economic regulations 
D)  a federal law regulating all forms of advertisements throughout the United States 
E)  a set of federal codes establishing common practices in each state regarding international commercial affairs 
A)  a federal law establishing common practices in each state regarding commercial affairs 
B)  a set of codes states may voluntarily adopt in order to reduce interstate differences in judicial opinions in contract law cases 
C)  judicial guidelines established by the Supreme Court explaining the meaning of federal economic regulations 
D)  a federal law regulating all forms of advertisements throughout the United States 
E)  a set of federal codes establishing common practices in each state regarding international commercial affairs

Question 11

The area of authority possessed by a court, in terms of either subject area or geography, is called its

Accepted Answer

A)  appellate scope. 
B)  judicial review. 
C)  precedents. 
D)  jurisdiction. 
E)  mandate. 
A)  appellate scope. 
B)  judicial review. 
C)  precedents. 
D)  jurisdiction. 
E)  mandate.

Question 12

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

Accepted Answer

A)  vetting cases for the Supreme Court 
B)  hearing challenges to state laws 
C)  writing writs of habeas corpus 
D)  reviewing requests for stays of execution 
E)  overturning laws passed by Congress 
A)  vetting cases for the Supreme Court 
B)  hearing challenges to state laws 
C)  writing writs of habeas corpus 
D)  reviewing requests for stays of execution 
E)  overturning laws passed by Congress

Question 13

Write an essay explaining some of the limits on the federal courts. What are some of the rules of access that the Supreme Court has adopted? Describe some external constraints and dependencies from the other two branches. What are some strategies by which the federal courts have overcome some of these restraints?

Accepted Answer

The federal courts, including the Suprem

Question 14

The process of judicial confirmations is a low-key and uncontroversial affair.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following statements concerning legislative courts is false?

Accepted Answer

A)  These courts are created by Congress, based in their Article I powers, not their Article III powers. 
B)  Judges on legislative courts do not have lifetime tenure. 
C)  Legislative court judges cannot have their salary reduced by Congress. 
D)  Legislative courts specialize in certain types of cases. 
E)  Legislative courts are less independent than the courts established under Article III. 
A)  These courts are created by Congress, based in their Article I powers, not their Article III powers. 
B)  Judges on legislative courts do not have lifetime tenure. 
C)  Legislative court judges cannot have their salary reduced by Congress. 
D)  Legislative courts specialize in certain types of cases. 
E)  Legislative courts are less independent than the courts established under Article III.

Question 16

The written opinions of appellate courts have been described as halfway between ______ and ______.

Accepted Answer

A)  common law; statutory law 
B)  stare decisis; administrative rule making 
C)  civil law; constitutional law 
D)  public law; private law 
E)  common law; public law 
A)  common law; statutory law 
B)  stare decisis; administrative rule making 
C)  civil law; constitutional law 
D)  public law; private law 
E)  common law; public law

Question 17

When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called a(n)______ opinion.

Accepted Answer

A)  per curiam 
B)  ex parte 
C)  concurrence 
D)  amicus curiae 
E)  ex post facto 
A)  per curiam 
B)  ex parte 
C)  concurrence 
D)  amicus curiae 
E)  ex post facto

Question 18

What was known as the "court-packing" plan?

Accepted Answer

A)  the decision in the early nineteenth century that all federal courts should be guarded by members of the armed forces 
B)  the attempt by the Republican-dominated Senate of the 1990s to confirm as many conservative judges as possible 
C)  the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional 
D)  the desire in Congress during the 1890s to expand the number of federal courts to ease the workload of the Supreme Court 
E)  the attempt by the Democratic-dominated Senate of the 1980s to confirm as many liberal judges as possible 
A)  the decision in the early nineteenth century that all federal courts should be guarded by members of the armed forces 
B)  the attempt by the Republican-dominated Senate of the 1990s to confirm as many conservative judges as possible 
C)  the attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional 
D)  the desire in Congress during the 1890s to expand the number of federal courts to ease the workload of the Supreme Court 
E)  the attempt by the Democratic-dominated Senate of the 1980s to confirm as many liberal judges as possible

Question 19

The phrase stare decisis means

Accepted Answer

A)  "let the decision stand." 
B)  "the state will decide." 
C)  "the decision is void." 
D)  "the state must be decisive." 
E)  "the decision is made." 
A)  "let the decision stand." 
B)  "the state will decide." 
C)  "the decision is void." 
D)  "the state must be decisive." 
E)  "the decision is made."

Question 20

Which of the following is not a traditional limitation on the power of the federal courts?

Accepted Answer

A)  strict rules of standing 
B)  the ability of Congress to reduce federal judges' salaries 
C)  the inability of the courts to offer relief to whole classes of people 
D)  the inability of the courts to enforce their own decisions 
E)  the inability of the courts to act on their own initiative 
A)  strict rules of standing 
B)  the ability of Congress to reduce federal judges' salaries 
C)  the inability of the courts to offer relief to whole classes of people 
D)  the inability of the courts to enforce their own decisions 
E)  the inability of the courts to act on their own initiative

Exam 15: The Federal Courts

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

Congress has created a single federal appellate court for each of the fifty states.

A single lawsuit involving thousands of smokers suing a tobacco company would be a good example of

Why was the Supreme Court's decision in Ricci v. DeStefano important?

Approximately what percentage of all court cases in the United States are heard in federal courts?

The increase of administrative agencies since the New Deal has resulted in a(n)

Only the solicitor general is permitted to file amicus curiae briefs in a case involving the Constitution.

Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.

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

What is the Uniform Commercial Code?

The area of authority possessed by a court, in terms of either subject area or geography, is called its

What is the most frequent and best-known action of Supreme Court justices in their role as circuit justices?

The process of judicial confirmations is a low-key and uncontroversial affair.

Which of the following statements concerning legislative courts is false?

The written opinions of appellate courts have been described as halfway between ______ and ______.

When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called a(n)______ opinion.

What was known as the "court-packing" plan?

The phrase stare decisis means

Which of the following is not a traditional limitation on the power of the federal courts?

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Each year, the Supreme Court receives about appeals and hears about of them in full court.

The written opinions of appellate courts have been described as halfway between and .