Question 1

What was the main goal of the Allied powers in designing a governmental and judicial system for West Germany after World War II?

Accepted Answer

A)  Suppression of regional autonomy that would lead to an overthrow of the central government
B)  Prevention of one person or party from gaining too much power
C)  Imposition of institutions proven to work in the United States, Great Britain, and the Soviet Union
D)  Establishment of individual liberty, even if far-left and far-right groups could flourish
E)  Reestablishment of the pre-Nazi Weimar Republic as much as possible B

Question 2

What earlier decision establishing the separate but equal doctrine did Brown v. Board (1954)overturn?

Accepted Answer

A)  Scott v. Sanford (1857) 
B)  Plessy v. Ferguson (1896) 
C)  Gitlow v. New York (1925) 
D)  Sweatt v. Painter (1950) 
E)  Smith v. Allwright (1954)  B

Question 3

In what percentage of cases do federal appeals courts uphold the decisions of district courts?

Accepted Answer

A)  58 percent
B)  68 percent
C)  78 percent
D)  88 percent
E)  98 percent D

Question 4

What was the underlying issue in the case of Gibbons v. Ogden (1824)?

Accepted Answer

A)  Conflict between federal authority and state authority in regulating interstate commerce
B)  The ability of states to tax and exert authority over federal entities
C)  Conflict between state and federal governments over relations with Native American tribes
D)  The ability of the states to enforce contracts involving interstate commerce
E)  Conflict between state and federal governments in drawing international borders

Question 5

Examine the Dred Scott Decision in Scott v. Sanford (1857). Why is this decision often regarded as among the worst of all decisions by the Supreme Court? Also, is this assessment correct?

Accepted Answer

The answer of Examine the Dred Scott Decision in Scott...

Question 6

How does the Federal Constitutional Court compare to the U.S. Supreme Court in the number and scope of the cases that it hears?

Accepted Answer

A)  It hears and rules on fewer cases, all of them on appeal.
B)  It is much more limited in its powers and is barred from ruling on many subjects.
C)  It hears far fewer cases, though some are of original jurisdiction.
D)  Access to the German court is limited to a few elites.
E)  It hears from a lot more plaintiffs of more types on many more cases.

Question 7

How does the German Federal Constitutional Court compare to the roughly equivalent U.S. Supreme Court?

Accepted Answer

A)  It is larger, more accountable, and more popular among its citizens.
B)  It is smaller, less accountable, but more popular among its citizens.
C)  It is larger, more accountable, but less popular among its citizens.
D)  It is smaller, more accountable, and more popular among its citizens.
E)  It is larger, less accountable, and less popular among its citizens.

Question 8

What is the scope of the jurisdiction of the Court of Appeals for the Federal Circuit?

Accepted Answer

A)  Depends on the case
B)  Washington, DC
C)  Local
D)  Nationwide
E)  Statewide

Question 9

What is the definition of a diversity of citizenship case?

Accepted Answer

A)  One involving an American citizen suing a citizen of a foreign country, with at least $100,000 worth of damages possible
B)  One involving government authority and a constitutional liberty, in which damages could exceed $50,000
C)  One in which a citizen of one state sues a resident of the same state over an issue worth at least $75,000
D)  One in which a citizen of one state sues a resident of another state over an issue worth at least $75,000
E)  One involving issues of civil rights, regardless of where the plaintiff and defendant live or the amount of money at stake

Question 10

What kind of judicial system was established in postwar West Germany?

Accepted Answer

A)  Inquisitorial
B)  Adversarial
C)  Common law
D)  Authoritarian
E)  Theocratic

Question 11

When does the Supreme Court take a case on appeal from a state supreme court?

Accepted Answer

A)  When the state Supreme Court requests it
B)  When a prominent state issue is at stake
C)  When points of fact and points of law are in conflict
D)  When there is doubt about a criminal defendant's innocence
E)  When a federal issue is at stake

Question 12

What distinguishes the judiciary in most systems from other branches of government?

Accepted Answer

A)  It is the least susceptible to corruption.
B)  It is the least representative of constituencies.
C)  It  is always committed to social progress.
D)  It is more powerful in parliamentary systems.
E)  It is always able to overrule legislatures.

Question 13

What is judicial review?

Accepted Answer

A)  The power to examine executive and legislative actions and advise governments about their legality
B)  Integration of judges and attorneys into executive and legislative bodies to ensure that their actions will be constitutional
C)  The power constitutionally granted to high courts to overturn the actions of executives and legislatures
D)  Automatic routing of legislative bills to a selected court for advisory opinions of their constitutionality
E)  A system by which laws are published in legal journals to obtain feedback from lawyers about their constitutionality

Question 14

Until the creation of the Federal Constitutional Court in West Germany, what was a key handicap of the German legal system?

Accepted Answer

A)  German political culture encouraged defiance to all authority.
B)  Judges and attorneys were neither liked nor respected by the German people.
C)  There was no independent judicial body capable of checking and balancing the legislatures or the leader.
D)  German courts were underfunded and understaffed.
E)  Courts always bowed to the more violent and oppressive impulses of the government.

Question 15

Which amendment to the U.S. Constitution invalidated the Dred Scott decision?

Accepted Answer

A)  Twelfth
B)  Thirteenth
C)  Fourteenth
D)  Fifteenth
E)  Sixteenth

Question 16

By what context does a strict constructionist judge try to rule in a case?

Accepted Answer

A)  Current social and economic issues
B)  The current state of technology
C)  The original intent of the Constitution's writers
D)  Foreign legal documents and cases
E)  Current trends in the interpretation of legal precedent

Question 17

In Loving v. Virginia (1967), what kind of state laws did the Supreme Court overturn?

Accepted Answer

A)  Provisions for poll taxes and literacy tests for voter registration
B)  Provisions for capital punishment
C)  Exclusions of African Americans from jury service
D)  Prohibitions against same-sex marriage
E)  Prohibitions against interracial marriage

Question 18

Analyze the role and function of the federal appeals courts. What are their primary purposes, and how do they settle most legal questions brought before them?

Accepted Answer

The answer of Analyze the role and function of the...

Question 19

Under which chief justice did the judicial branch become fully coequal with the executive and legislative branches and take on the role of judicial review?

Accepted Answer

A)  John Blair
B)  William Cushing
C)  Roger Taney
D)  John Jay
E)  John Marshall

Question 20

What did the drafters of the 1949 West German Basic Law see as the primary factor in the rise of the Nazis?

Accepted Answer

A)  Political polarization between the right and left
B)  Beguilement of the German people by Hitler
C)  National hysteria
D)  Erosion of respect for the rule of law
E)  Erosion of regard for democracy

Exam 8: Comparing Legislatures