Question 1

What is common law?

Accepted Answer

A)  another name for federal law 
B)  law made by judges through their decisions, not through specific statutes 
C)  law made by an administrative body 
D)  law that is guided by the Constitution 
E)  law passed by the U.S. Congress 
A)  another name for federal law 
B)  law made by judges through their decisions, not through specific statutes 
C)  law made by an administrative body 
D)  law that is guided by the Constitution 
E)  law passed by the U.S. Congress

Question 2

Dissenting opinions can be signed by only the chief justice or the most senior dissenting justice.

Accepted Answer

A) True 
 B)False

Question 3

Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

Accepted Answer

A)  stare decisis 
B)  writs of certiorari 
C)  judicial review 
D)  clemency 
E)  writs of habeas corpus 
A)  stare decisis 
B)  writs of certiorari 
C)  judicial review 
D)  clemency 
E)  writs of habeas corpus

Question 4

Senatorial courtesy describes the practice of

Accepted Answer

A)  senators from a president's party approving of a judicial nominee from their home state. 
B)  including home-state senators in the formal vetting of district and circuit court judges. 
C)  allowing any senator to place a hold on the consideration of a judicial nominee. 
D)  permitting senators to officially swear in home-state district court judges. 
E)  allowing senators to nominate members to the federal judiciary. 
A)  senators from a president's party approving of a judicial nominee from their home state. 
B)  including home-state senators in the formal vetting of district and circuit court judges. 
C)  allowing any senator to place a hold on the consideration of a judicial nominee. 
D)  permitting senators to officially swear in home-state district court judges. 
E)  allowing senators to nominate members to the federal judiciary.

Question 5

What did the framers call the "least dangerous branch"?

Accepted Answer

A)  the Senate 
B)  the Supreme Court 
C)  the system of state courts 
D)  the president 
E)  the bureaucracy 
A)  the Senate 
B)  the Supreme Court 
C)  the system of state courts 
D)  the president 
E)  the bureaucracy

Question 6

The Court's power to review acts of Congress has not been seriously questioned because

Accepted Answer

A)  the Court only overturns laws that are unpopular with a majority of voters. 
B)  Congress granted the power of judicial review to the Court in the Federal Judicial Review Act of 1798. 
C)  Congress and the president always agree with the decisions made by the Court. 
D)  the Constitution explicitly grants this power to the Court in the "judicial review" clause of Article III. 
E)  the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years. 
A)  the Court only overturns laws that are unpopular with a majority of voters. 
B)  Congress granted the power of judicial review to the Court in the Federal Judicial Review Act of 1798. 
C)  Congress and the president always agree with the decisions made by the Court. 
D)  the Constitution explicitly grants this power to the Court in the "judicial review" clause of Article III. 
E)  the Court has been reluctant to strike down congressional laws and has overturned only a small number over the last 200 years.

Question 7

Which of the following statements about the U.S. Courts of Appeals is incorrect?

Accepted Answer

A)  The appeals courts were created by Congress, not by the Constitution. 
B)  The appeals courts are able to hear all cases involving federal law, but not constitutional law. 
C)  About 20 percent of federal cases are heard by the appeals courts. 
D)  There are more than ten appeals courts in the United States. 
E)  Except for cases selected for review by the Supreme Court, decisions made by an appeals court are final. 
A)  The appeals courts were created by Congress, not by the Constitution. 
B)  The appeals courts are able to hear all cases involving federal law, but not constitutional law. 
C)  About 20 percent of federal cases are heard by the appeals courts. 
D)  There are more than ten appeals courts in the United States. 
E)  Except for cases selected for review by the Supreme Court, decisions made by an appeals court are final.

Question 8

Write an essay analyzing the exercise of judicial review. What is judicial review, what are its origins, and why is it often so controversial? What is the significance of Marbury v. Madison? Give some examples of notable uses of judicial review in Supreme Court history.

Accepted Answer

Judicial review is the power of the cour

Question 9

The Supreme Court has no discretion over the cases it hears each term.

Accepted Answer

A) True 
 B)False

Question 10

Activist judges believe that the courts should

Accepted Answer

A)  always overrule state legislatures and governors when making decisions. 
B)  interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes. 
C)  be more aggressive and ideological than the president when vacancies occur on the court. 
D)  go beyond the words of a constitution or statute to consider the broader societal implications of its decisions. 
E)  always defer judgment to precedents set by previous courts. 
A)  always overrule state legislatures and governors when making decisions. 
B)  interpret the U.S. Constitution according to the intentions of its framers and defer to the views of Congress when interpreting federal statutes. 
C)  be more aggressive and ideological than the president when vacancies occur on the court. 
D)  go beyond the words of a constitution or statute to consider the broader societal implications of its decisions. 
E)  always defer judgment to precedents set by previous courts.

Question 11

Which of the following statements best describes the Supreme Court?

Accepted Answer

A)  The Court has no discretion whatsoever to decide which cases it will hear because its jurisdiction is defined entirely by the Constitution. 
B)  The Court has limited discretion to decide which cases it will hear and it is forced to hear many cases that address only narrow, technical issues of federal law. 
C)  The Court has limited discretion to decide which cases it will hear, and it is forced to hear only those cases that raise the most important issues of federal law. 
D)  The Court has broad latitude to decide which cases it will hear and generally hears only those cases it deems to raise the most important issues. 
E)  The Court has broad latitude to decide which cases it will hear and generally avoids those cases that it deems to raise the most important issues. 
A)  The Court has no discretion whatsoever to decide which cases it will hear because its jurisdiction is defined entirely by the Constitution. 
B)  The Court has limited discretion to decide which cases it will hear and it is forced to hear many cases that address only narrow, technical issues of federal law. 
C)  The Court has limited discretion to decide which cases it will hear, and it is forced to hear only those cases that raise the most important issues of federal law. 
D)  The Court has broad latitude to decide which cases it will hear and generally hears only those cases it deems to raise the most important issues. 
E)  The Court has broad latitude to decide which cases it will hear and generally avoids those cases that it deems to raise the most important issues.

Question 12

Which of the following is not a specialized "legislative court" created by Congress?

Accepted Answer

A)  the Court of International Trade 
B)  the Court of Appeals for Veterans Claims 
C)  the Court of Federal Claims 
D)  the Court of Federal Territories 
E)  the Court of Military Appeals 
A)  the Court of International Trade 
B)  the Court of Appeals for Veterans Claims 
C)  the Court of Federal Claims 
D)  the Court of Federal Territories 
E)  the Court of Military Appeals

Question 13

Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?

Accepted Answer

A)  She supported affirmative action. 
B)  She supported upholding Roe v. Wade. 
C)  She was the first Hispanic nominee to the Supreme Court. 
D)  She had never served as a judge in any capacity prior to nomination. 
E)  She supported overturning Roe v. Wade. 
A)  She supported affirmative action. 
B)  She supported upholding Roe v. Wade. 
C)  She was the first Hispanic nominee to the Supreme Court. 
D)  She had never served as a judge in any capacity prior to nomination. 
E)  She supported overturning Roe v. Wade.

Question 14

A writ of habeas corpus declares that

Accepted Answer

A)  the government must show a legal cause for holding someone in detention. 
B)  the government cannot send a defendant to stand trial in a geographically distant jurisdiction. 
C)  a defendant in a felony trial must receive assistance from legal counsel. 
D)  capital punishment can be neither cruel nor unusual. 
E)  the government cannot search premises without a warrant issued by a judge. 
A)  the government must show a legal cause for holding someone in detention. 
B)  the government cannot send a defendant to stand trial in a geographically distant jurisdiction. 
C)  a defendant in a felony trial must receive assistance from legal counsel. 
D)  capital punishment can be neither cruel nor unusual. 
E)  the government cannot search premises without a warrant issued by a judge.

Question 15

Which of the following was not part of the Supreme Court's ruling in Hamdi v. Rumsfeld?

Accepted Answer

A)  A U.S. citizen could be declared an enemy combatant. 
B)  All persons accused of being terrorists had the right to a lawyer. 
C)  Persons the president designates as enemy combatants do not have to be granted an opportunity to rebut those charges. 
D)  The president could order that an enemy combatant be held in federal detention. 
E)  Presidential actions were subject to judicial scrutiny. 
A)  A U.S. citizen could be declared an enemy combatant. 
B)  All persons accused of being terrorists had the right to a lawyer. 
C)  Persons the president designates as enemy combatants do not have to be granted an opportunity to rebut those charges. 
D)  The president could order that an enemy combatant be held in federal detention. 
E)  Presidential actions were subject to judicial scrutiny.

Question 16

If an individual is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied

Accepted Answer

A)  a writ of habeas corpus. 
B)  his Miranda rights. 
C)  a writ of certiorari. 
D)  judicial review. 
E)  the due process of law. 
A)  a writ of habeas corpus. 
B)  his Miranda rights. 
C)  a writ of certiorari. 
D)  judicial review. 
E)  the due process of law.

Question 17

The case Baker v. Carr concerns

Accepted Answer

A)  desegregation of schools. 
B)  apportionment of legislative seats. 
C)  unwarranted searches and seizures. 
D)  the separation of church and state. 
E)  state restrictions on carrying handguns in public. 
A)  desegregation of schools. 
B)  apportionment of legislative seats. 
C)  unwarranted searches and seizures. 
D)  the separation of church and state. 
E)  state restrictions on carrying handguns in public.

Question 18

Which of the following statements best describes the composition of the federal judiciary?

Accepted Answer

A)  There are an equal number of men and women and far fewer Hispanics than African Americans. 
B)  There are far fewer women than men and far fewer African Americans than Hispanics. 
C)  There are far fewer women than men and far fewer Hispanics than African Americans. 
D)  There are far fewer men than women and far fewer Hispanics than African Americans. 
E)  There are far fewer men than women and far fewer African Americans than Hispanics. 
A)  There are an equal number of men and women and far fewer Hispanics than African Americans. 
B)  There are far fewer women than men and far fewer African Americans than Hispanics. 
C)  There are far fewer women than men and far fewer Hispanics than African Americans. 
D)  There are far fewer men than women and far fewer Hispanics than African Americans. 
E)  There are far fewer men than women and far fewer African Americans than Hispanics.

Question 19

The Supreme Court is established under Article III of the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 20

When interest groups involved in litigation pursue a pattern-of-cases strategy, they are

Accepted Answer

A)  using legal arguments that have won in the past. 
B)  bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review. 
C)  shopping around for the district where the likelihood of a favorable decision is highest. 
D)  filing multiple friend-of-the-court briefs, in the hope of influencing the legal arguments of the Supreme Court. 
E)  filing cases in different courts on the same subject. 
A)  using legal arguments that have won in the past. 
B)  bringing the same type of suit into multiple circuits, hoping that a contradiction in rulings will bring about a Supreme Court review. 
C)  shopping around for the district where the likelihood of a favorable decision is highest. 
D)  filing multiple friend-of-the-court briefs, in the hope of influencing the legal arguments of the Supreme Court. 
E)  filing cases in different courts on the same subject.

Exam 15: The Federal Courts

What is common law?

Dissenting opinions can be signed by only the chief justice or the most senior dissenting justice.

Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

Senatorial courtesy describes the practice of

What did the framers call the "least dangerous branch"?

The Court's power to review acts of Congress has not been seriously questioned because

Which of the following statements about the U.S. Courts of Appeals is incorrect?

Write an essay analyzing the exercise of judicial review. What is judicial review, what are its origins, and why is it often so controversial? What is the significance of Marbury v. Madison? Give some examples of notable uses of judicial review in Supreme Court history.

The Supreme Court has no discretion over the cases it hears each term.

Activist judges believe that the courts should

Which of the following statements best describes the Supreme Court?

Which of the following is not a specialized "legislative court" created by Congress?

Why did many Republicans oppose President Obama's nomination of Sonia Sotomayor to the Supreme Court?

A writ of habeas corpus declares that

Which of the following was not part of the Supreme Court's ruling in Hamdi v. Rumsfeld?

If an individual is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied

The case Baker v. Carr concerns

Which of the following statements best describes the composition of the federal judiciary?

The Supreme Court is established under Article III of the U.S. Constitution.

When interest groups involved in litigation pursue a pattern-of-cases strategy, they are

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