Question 1

The facts of a case

Accepted Answer

A)  are largely irrelevant,in that the judiciary has wide freedom with decisions.
B)  affect which law or laws will apply to the case.
C)  are important only if the case involves a statutory dispute.
D)  are important only if the case involves a constitutional dispute.
E)  are important about 50 percent of the time. B

Question 2

In most instances,

Accepted Answer

A)  criminal cases are tried in federal courts and civil cases are tried in state courts.
B)  criminal cases are tried in state courts and civil cases are tried in federal courts.
C)  both criminal cases and civil cases are tried in federal courts.
D)  both criminal cases and civil cases are tried in state courts.
E)  None of these answers is correct. D

Question 3

Describe the four types of U.S.Supreme Court opinions.

Accepted Answer

There are four types of U.S.Supreme Court opinions: majority,plurality,concurring,and dissenting.A majority opinion is a written opinion of the majority of the Court's justices stating the reasoning underlying its decision on a case.A plurality opinion is a written opinion that,in the absence of a majority opinion,presents the reasoning of most of the justices who decide in favor of the winning party.A concurring opinion is a written opinion of one or more justices who voted with the majority position but disagree with the majority's reasoning on a case.A dissenting opinion is a written opinion of one or more of the justices who disagree with the majority's decision and opinion.

Question 4

The principal of judicial review grants the judiciary the authority to

Accepted Answer

A)  make political decisions; judges can overturn any congressional or presidential decision they personally dislike.
B)  decide which laws apply to a particular case.
C)  ignore public opinion when making decisions.
D)  invalidate the actions of other institutions when judges believe they have acted unconstitutionally.
E)  strike down certain sections of the Constitution.

Question 5

The appointment of federal judges is influenced most substantially by

Accepted Answer

A)  partisanship.
B)  logrolling.
C)  pork barreling.
D)  affirmative action.
E)  personal friendships.

Question 6

The federal district courts

Accepted Answer

A)  are the chief trial courts of the federal system.
B)  are the only federal courts where the two sides present their case to a jury for a verdict.
C)  are the courts that,in practice,make the final decision in most federal cases.
D)  exist in each state.
E)  All of these answers are correct.

Question 7

Why was the Supreme Court ruling in Faragher v.City of Boca Raton,which relied on the context of the antidiscrimination provisions of the Civil Rights Act of 1964,demonstrative of the ambiguities of the law?

Accepted Answer

A)  The case arrived at the Supreme Court without the Court requesting a writ of certiorari.
B)  The case involved administrative law,but the Court used statutory law as a basis for its decision.
C)  It involved the votes of justices that had opposed the Civil Rights Act but who used the Civil Rights Act in the justification for their ruling.
D)  The minority dissenting opinion refused to use the Civil Rights Act as a justification.
E)  The case dealt with sexual harassment in the workplace,which is not mentioned in the Civil Rights Act.

Question 8

More than ________ of the nation's legal cases are decided in state or local court systems.

Accepted Answer

A)  10 percent
B)  25 percent
C)  50 percent
D)  75 percent
E)  95 percent

Question 9

With regard to public opinion,the Supreme Court

Accepted Answer

A)  ignores it in order to make decisions that are based on enduring values rather than the public's passing whims.
B)  remains uninformed about it because justices stay on the bench for life and never face the public scrutiny of an election.
C)  attempts to stay close enough to public opinion so as to avoid outright defiance of its decisions.
D)  attempts to follow it very closely in order to create public enthusiasm for its rulings.
E)  None of these answers is correct.

Question 10

Which legal doctrine holds that in nearly every instance,policy issues should be decided by elected lawmakers and not by appointed judges?

Accepted Answer

A)  judicial activism
B)  judicial restraint
C)  judicial legitimacy
D)  appellate jurisdiction
E)  judicial executive power

Question 11

A Supreme Court opinion written when the majority of the justices agree on the legal reasoning for the decision is a(n)

Accepted Answer

A)  majority opinion.
B)  plurality opinion.
C)  dissenting opinion.
D)  concurring opinion.
E)  adjunct opinion.

Question 12

With regard to the lower courts,the Supreme Court's primary responsibility is

Accepted Answer

A)  establishing legal precedents that will guide their decisions.
B)  correcting any technical mistakes the lower courts make in the cases they hear.
C)  settling jurisdictional disputes among federal judges.
D)  settling jurisdictional disputes between state and federal judges.
E)  All of these answers are correct.

Question 13

The U.S.courts of appeals

Accepted Answer

A)  hear new evidence in appealed cases.
B)  review district court decisions.
C)  are the highest courts to use juries.
D)  decide for the Supreme Court the cases it will review.
E)  None of these answers is correct.

Question 14

According to the Constitution,the federal courts can issue a decision only

Accepted Answer

A)  in response to a case presented to it.
B)  in cases where the U.S.government is one of the parties involved in the dispute.
C)  on cases heard previously by a state court and appealed by the losing party.
D)  in cases where the U.S.government is one of the parties involved in the dispute,and where the cases were heard previously by a state court and appealed by the losing party.
E)  None of these answers is correct.

Question 15

The term stare decisis refers to

Accepted Answer

A)  adherence to precedent.
B)  judicial activism.
C)  judicial restraint.
D)  judicial review.
E)  excessive partisanship.

Question 16

The United States has two court systems,state and federal.The federal system

Accepted Answer

A)  has discretionary jurisdiction over all cases arising in the state system.
B)  is the only one with appellate courts.
C)  is the only one based on the constitutional doctrine of the separation of powers.
D)  is the only one that has judges who are appointed to office.
E)  None of these answers is correct.

Question 17

The Supreme Court decision in Marbury v.Madison is significant

Accepted Answer

A)  as the first instance of the court ruling on a state matter.
B)  as the first use of judicial activism.
C)  for the establishment of judicial review.
D)  as the first instance of the Court ruling on a disagreement between states.
E)  as the Court's first non-majority opinion.

Question 18

Precedent,while not an absolute constraint on the courts,is needed to

Accepted Answer

A)  preserve the courts as a counter majoritarian institution.
B)  maintain legal consistency over time,so confusion and uncertainty about the law can be avoided.
C)  check the president in the area of public law.
D)  balance the policy making authority of Congress.
E)  check the president in the area of foreign policy.

Question 19

The appointment of which Supreme Court justice in 2006 swung the Supreme Court to the right?

Accepted Answer

A)  Ruth Bader Ginsburg
B)  Samuel Alito
C)  John Roberts
D)  Elena Kagan
E)  Antonin Scalia

Question 20

A writ of certiorari is

Accepted Answer

A)  a request to a lower court to submit to the Supreme Court a record of the case it has been requested to hear.
B)  the statement explaining the reasoning behind a Supreme Court decision.
C)  the official transcript of Supreme Court proceedings.
D)  a statement from a group not directly involved in a Supreme Court case,indicating the group's opinion on the legal issue at hand.
E)  an application for a waiver of court fees due to indigence.

Exam 14: The Federal Judicial System: Applying the Law